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Agreement with INOBBAR LLC d/b/a A Novusolutions of -- 0?9� 0 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND INOBBAR LLC D/B/A NOVUSOLUTIONS FOR ELECTRONIC AGENDA SYSTEM PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2014-001-MF This Professional Services Agreement ("Agreement") is entered into this day of 2014 (Effective Date), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (City or Client), and INOBBAR L.L.C., a Florida limited liability company, d/b/a 'NOVUSOLUTIONS, a Florida corporation, whose address is 10012 N. Dale Mabry Highway, Suite 115, Tampa, Florida 33327 (Consultant or Novusolutions). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent Consultant, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach REQUEST FOR PROPOSAL (RFP) No. 2014-001-MF for ELECTRONIC AGENDA SYSTEM, together with all amendments thereto, issued by the City in contemplation of this Agreement (the RFP) and the Consultant's proposal in response thereto (Proposal), all of which are attached hereto and incorporated herein as composite Exhibit "C"; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFP; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext. 6515: and fax number(305) 673-7023 Acceptance or Accepted: As used herein, the term Acceptance or Accepted shall refer to the written confirmation from the City, through its City Manager or designee, that the software, equipment or other Services to be performed by Consultant has been received, installed and tested and found to be operational for its intended purpose. 1 First Commission Meeting: The First Scheduled City Commission Meeting, during which the Services of the Consultant will be utilized under this Agreement. SECTION 2 SCOPE OF SERVICES (SERVICES) In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services (Services) described in Exhibit "A" hereto (the Statement of Work/Agreement). SECTION 3 TERM The term of this Agreement (Term) shall commence upon execution of this Agreement by all parties hereto, as set forth by the Effective Date on page 1 hereof, and shall have an initial term of three (3) years, with two (2) one year renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term (or a renewal term, as the case may be). SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of Exhibit "B". Payment Terms — Novusolutions sets up complete software to the City within 30 days of receiving your order. The City can begin initial testing upon receipt of your "Test Script" from NovusAGENDA. The software will be delivered already configured to the City's standards and will be ready for final testing. Any modifications to configurations will be done at no charge under our annual support program. Full payment for the annual fee will be due and payable after the software has been Accepted by the City. 4.2 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Clerk's Office 2 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT . IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. 5.4 DELAYS/LIQUIDATED DAMAGES: In light of the critical nature of the Services being performed by the Consultant, liquidated damages would compensate the City for any delays in the Consultant's performance under this Agreement. At City's sole discretion, and in addition to any other remedies which the City may have, If Consultant does resolve a support issue within the timelines set forth in the attached Exhibit "A", Consultant shall be charged a fee (or Consultant's fee may be reduced, at City's discretion) on a per diem basis, in the amount of $100.00 per day until such time as the support issue has been resolved. 3 SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and Consultants, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, Consultants, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Chapter 440, Florida Statutes. B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. 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 "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. 4 Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, 3RD FLOOR MIAMI BEACH, FL 33139 Attention: Risk Manager The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-Consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the 5 performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed`upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 [INTENTIONALLY DELETED] SECTION 10 GENERAL PROVISIONS 10.1 REPORTS, AUDIT AND INSPECTIONS Within fifteen days from the end of each month, Consultant will provide the City with monthly reports, in a format to be agreed upon by Consultant and the City, substantiating the Services which consultant is providing for the City, including without limitation, the reporting of a support issue and the response time in connection with said support issue. Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manger may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 6 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age. 10.6 CONFLICT OF INTEREST The Consultant herein agrees to adhere to and be governed by all applicable Miami- Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a . nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Inobbar L.L.C. d/b/a Novusolutions 10012 N. Dale Mabry Highway, Suite 115 Tampa, Florida 33327 Attn: Jorge Gonzalez, President TO CITY: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Rafael E. Granado, City Clerk Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. 7 Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. The City Manager, on behalf of the City, shall have authority to amend or modify this Agreement, including any changes to the Scope of Services, so long as said changes do not exceed the monetary value of this Agreement. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Consultant" as defined in Section 119.0701(1)(a), the Consultant shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and 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; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are 8 exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Consultant's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Consultant does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: ............ -4 rVA :It RP ORATED: City Jerk ayor ili in �_...., . n 26 FOR CONSULTANT: I BBA L.C. d/b/a NOVUS UTIONS WITNESS: By: A& i M� Manager ohi*4 Af 44424#j6 -- VtChrSIMallasill's Print Name Print N e/Title r Exhibits: Attachment "A"— Statement of Work/Agreement Attachment "B"— Pricing Attachment "C"— Request for Proposals No. 2014-001-RFP-MF, APPROVED AS TO Addenda thereto, and Consultant's response to the FORM & LANGUAGE RFP & FOR XECUTION 9 City Attorney ,�(V� Dote Attachment "A Statement of Work/Agreement Meeting Management Solution Presented to: City of Miami Beach, FL W 3-26- 14 H O 10 Offered by: Novu olutio s 10012 N. Dale Mabry Hwy Suite 115 Tampa,FL 33327 800-274-5624 Ext 702 Contents SolutionOverview:.................................................................................................................... 12 Deliverables by Novusolutions.................................................................................................. 12 Productto be delivered.......................................................................................................... 13 Services to be delivered by Novusolutions ............................................................................ 13 Services not included by Novusolutions ................................................................................ 14 Clientwill provide:..................................................................................................................... 14 Ongoing Support by Novusolutions .......................................................................................... 14 SupportedItems................................................................................................................. 15 ResponseTimes................................................................................................................ 15 Support Request Process .................................................................................................. 15 Support Response Process................................................................................................ 15 SupportCoverage Dates.................................................................................................... 15 Pricing ...................................................................................................................................... 15 NovusAGENDA Software Pricing .......................................................................................... 19 NovusAGENDA Training Pricing ...........................................................................................21 Optional Training Services .................................................................................................21 Updated Pricing Summary for NovusAGENDA.........................Error! Bookmark not defined. Limitation of Liability.................................................................Error! Bookmark not defined. Software License......................................................................Error! Bookmark not defined. 11 Solution Overview: NovusAGENDA is an electronic solution designed to create, approve and track items for upcoming and past Board meetings. The entire process creates an automated Paperless Agenda Solution. Adding an Agenda item, like the approval for a new employee benefit offering or the construction of a baseball field, can now be controlled in a well-organized systematic solution. Various workflow options allow you to control the review and approval process for each item with a complete history for tracking purposes. NovusBOARDVIEW offer board members electronic access to agenda, draft and final minutes and full research capability. Members can easily view upcoming agenda and make private comments as part of their meeting preparation. These meeting comments can be used during the meeting to remind the member of comments they want to make or present. Viewing draft minutes prior to the next meeting is easy using NovusBOARDVIEW and comments can be made on draft minutes as well if there is discussion required prior to approval of minutes. The online research option offers members the opportunity to quickly research past items with a few mouse clicks. This feature reduces the strain on staff who often receive calls from members for research. NovusMEETING is a fully integrated meeting management solution. Once your agenda is prepared in NovusAGENDA it is sent to NovusMEETING. NovusMEETING allows you to record motions, votes and minutes in an easy to use interface. The entire package is web based and easily configured to meet the exact needs of your organization. Novusolutions can use your existing agenda and minute format to create your web based publications. NovusREPORTING is a module allowing for reports to be run against data in the system. Because our solution is highly configured for each client we do not offer lots of standard reports however NovusAGENDA does come with several reports that track time to approval and rejection rates. Other custom reports can be generated at client request at modest added costs. Reporting is more valuable after some time has passed and the system contains real data. Deliverables by Novusolutions Novusolutions will deliver NovusAGENDA, NovusMEETING, NovusREPORTING and NovusBOARDVIEW software along with the professional services outlined in this agreement. 12 Product to be delivered • NovusAGENDA software will be setup for the client with customized forms and workflows within 30 days of receipt of all the City's final workflows. • Novusolutions will deliver training manuals and installation documentation electronically in Microsoft Word format. • Web based training videos will be delivered via secure client log in off the Novusolutions web site. • Customizations and Forms to be delivered- The forms are created under the services agreement • Custom Item details screen for each meeting type • This screen is customized to your specifications and layout requirements. • Custom Public Agenda for each meeting type • The public agenda is customized to your specifications including font, style, layout and other matters. • Custom Minutes page set for each meeting type • The page set includes one (1) draft and one (1) final minutes layout. • Custom Workflows for each meeting type ■ Custom workflows can be pre-configured allowing users to simply submit items to named workflows which are then built for them automatically. • PDF Converter o Custom Public Interface o Custom Mobile Device Interface Services to be delivered by Novusolutions • Software Hosting in our AWS cloud • Dedicated project manager • Setup support of NovusAGENDA software • Custom forms and workflows as outlined in product to be delivered above • Remote consulting with the your staff to review custom forms and workflows • Full remote support, via NovsAGENDA in the cloud environment, during the following events, all which occur prior to or on the day of the first scheduled City Commission Meeting (First Commission Meeting), which will be covered under this Agreement, as follows: • print day (day in which the agenda will be printed for the First Commission Meeting). 24 hour remote support, commencing 8:00 AM of said print day and ending 7:59 AM on the day subsequent to print day; • all board/committee meetings scheduled prior to the first Commission Meeting; and • the day of the First Commission Meeting. • Provide software orientation and capabilities • Agenda layout o Draft Minutes layout • Final Minutes layout • Agenda Item Creation form 13 • Comprehensive understanding of your Workflows • Identify best practices • Modify workflows in the software to match your business process • Review/modify final templates with staff as needed • Remote training for key staff and Clerk — This training is delivered via web meeting technology • Functional Testing • Validate standard operation of NovusAGENDA • Test all user modules of NovusAGENDA, NovusBOARDVIEW, NovusMEETING, NovusREPORTING • Test client defined workflow and forms and make adjustments as needed. • Functional Documentation provided via our client portal • User manuals • Admin Manuals Services not included by Novusolutions • This SOW does not include Novusolutions training on client's site beyond the hours specified here. Additional dates for end user training at the client's site can be purchased at $2,500 per day including travel with a two day minimum, • Modification to NovusAGENDA base code. This would be any modifications not discussed above in the deliverables and not to include agenda layouts, minute layout, item creation and workflow Client will provide: • A dedicated project overseer, to include an IT Project Manager and a representative/staff member from the Clerk's Office. • Provide a channel of communication as needed to clarify any questions regarding forms or workflows. • Provide assistance defining and documenting client workflow as needed • Provide onsite support during software setup, your IT staff if needed. Novusolutions staff will support software setup remotely. Not applicable if installing in the NovusAGENDA cloud. • Servers, hardware and software as specified in our proposal- Locally hosted clients • Possible end user training using standard manuals supplied by Novusolutions o Novusolutions can provide this training if needed at the rates quoted in the pricing section. Ongoing Support by Novusolutions Clients receive full support and maintenance for one year after Acceptance of product. The support contract would cover the following areas: • Repair of all bugs discovered during the support period • Timely response to all technical inquiries • Provide updates to technical documentation as these items are developed • Access to product enhancements made to the base product. (some new features may requires service fees to implement) 14 Response Times All issues will receive a response from Novusolutions within 1 hour from the time the issue was reported to Novusolutions. The support desk is open 8:30 AM to 9 PM Monday to Friday. Y Supported Items This support contract covers the entire product purchased from Novusolutions. This support contract does not cover supporting hardware or software (i.e. operating systems, web servers, or databases). All issues will be categorized as a Level 1, Level 2, or Level 3 priority. The Client and Novusolutions will work together to determine the appropriate level for an item. The targeted resolution time for an issue will be based on the issue's level. Level 1—these are business critical issues. Every effort will be made to resolve these issues within 4 hours. We will acknowledge receipt of issues within 2 hours and make every effort to repair urgent issues quickly. It is important that customers report concerns in a timely manner to insure a rapid response. Level 2—these are important but not critical issues. Every effort will be made to resolve these issues within 1 business day Level 3—these minor issues that do not affect the usability of the software. Every effort will be made to resolve these issues within 2 business days. Support Request Process All support issues must be sent to Novusolutions via e-mail at Support(a-)-novusolutions.com. Novusolutions technical staff monitors this e-mail address during normal business hours Eastern Time United States. Support Response Process Upon receipt of an issue, Novusolutions will verify the receipt of the issue within 1 hour from the time Novusolutions was notified of the issue. Novusolutions will notify the client via email when an issue has been resolved. Novusolutions will notify the client when it is not possible to resolve an issue by the targeted response time, via a telephone call, followed up by an e-mail and text message to a particular group of staff members, to be designated by the City. Support Coverage Dates This is a twelve-month support contract. The initial contract will commence on the day product is Accepted by the client. Acceptance Acceptance of system is determined when the system are fully delivered, installed, tested and implemented successfully, as determined by the City, in its sole discretion, by completing one agenda process during the First Commission Meeting. Acceptance shall be confirmed in writing by the City Manager or his designee. Indexing Options 15 Unindexed video is available. Unindexed video is simply a video stream off your web site that will stream the meeting in its entirety. We offer clients the option of indexing their videos. Indexing means links are added to the video stream so the public can click on that one link and see the video from that point forward. If a person wants to review item 5 for example they simply click on item 5 and the video begins there. This function is referred to as indexed video. We have two programs for indexed video. One program enables you to do your own indexing which does require staff time on your part. Staff time can vary based on the nature of your meeting but you can assume approximately 15 minutes per hour of meeting time to conduct self-indexing. The other program has us doing the indexing for you, which eliminates the need for staff training and effort to get indexed videos. The choice is yours and we are happy to discuss each option with you in detail. Our editors do indexing for a broad range of clients today and this option is often more cost effective for clients who simply do not have added staff time to allocate to video indexing. Video Encoders Encoders record content according to your broadcast schedule and transfer the recorded audio/video to the NovusAGENDA Content Network via a secure Virtual Private Network (VPN) connection, making it available for live and/or on-demand streaming. Encoders are required for all live streaming and all indexing options. You can have non-indexed video, without a live stream, without an encoder. We provide encoders for all purposes and the cost can vary based on your needs. Archiving Client audio/video can be stored securely on the NovusAGENDA Content Network indefinitely. Fault tolerance and high availability is assured through replication of audio/video content to multiple, geographically redundant, Storage Area Networks (SAN). This optional module is available to enable board members to cast votes electronically. Members simply click on the vote on their electronic device such as a laptop or tablet device. Votes are recorded automatically then an optional public display will show the votes to the attending public immediately upon confirmation of votes. The voting module also includes an optional Request to Speak feature which can be enabled at any time for any item or can be used for the entire meeting. Board Members click on request to speak. This action queues up speakers in the order they have requested to speak. The meeting moderator then calls on the speakers in the proper order. The voting module is 100% web based, it is not an "app" This means you are not bound by any hardware choices. One member may use an iPad, another a laptop, another a droid device etc. Workflow The City will provide draft workflow for each board meeting .process to be reviewed and discussed with Novus before full implementation. Novus will create as many workflows as needed. News All workflow changes will be performed to the City at no cost. Novus will typically turn them around within one (1) business day unless more urgency is indicated. 16 Training Training can be provided onsite or remote using Web meeting technology. We recommend remote training because: • It is much lower cost to deliver • It is equally effective to onsite training • It can be delivered is shorter segments over several days to help meet staff schedules. Onsite training requires everyone to be available the day the trainer is there. Remote training allows us to be much more flexible in scheduling. Solution Overview —This session with key staff including Board Clerk, IT staff assigned to support the software and key Board Clerk staff. The session involves a complete system overview and workflow building session. Administrator Training —You will require at least one or a small team of central administrators to oversee your NovusAGENDA solution. The Administrators will be managing user rights, creating global groups, overseeing workflow structure and a number of key centralized tasks related to process. Administrators should have a solid understand of your Agenda policies and procedures. They should be at or near the decision making level in the department overseeing this project. They do not have to have extensive technical experience but they should be at the power user level. A key criterion for administrators is a firm understanding of the primary goals for your Agenda project. Board Member Training — Board Members will want to be trained on how to access NovusBOARDVIEW using the web. They will have questions about the technology and how it will affect the meetings they will be preparing for and voting in. Board Member training is delivered on an executive level. The atmosphere in this session focuses on the higher view and less on the details of the day to day item processing. This class can be delivered in one or two hours on-site. This training is optional since many clients deliver this training themselves. Board Clerk Training —Board Clerk will be managing meetings and minutes. Clerk also oversees the solution and is able to override workflows as well as other executive level tasks. Board Clerk should be familiar with computers. Staff Training —Suggested to be classes with a maximum of 15 students. Each class lasts about 1 '/2 hours so three classes per day is easy to deliver. Each classroom should have a projector attached to the trainer machine and all students should be working on their own computers in order to maximize the classroom time. A white board in the room will be useful. Trainers will require 7 '/2 hours per day for training and they can deliver three classes per day. This includes their preparation time for each class. You should estimate the total student count to be 35 students per day of training. Although classes can accommodate 45 students, our experience indicates some students will miss their scheduled training event for one reason or another so estimate your training days using 35 students per trainer day. We offer web based training for all users and many clients will choose this option over classroom training. The web based training can also be used in conjunction with your own training delivered by your staff. Novusolutions provides training manuals as part of your software purchase so you only need to provide the trainer and classroom. You will be required to provide copies of the training manuals in paper or electronic format to each student. The manuals are provided to you in Microsoft Word format. Web based training is also offered. Web Based Training 17 All clients access our web based training modules via internet 24 X 7, via IE. Firefox or Chrome_(web browser). Web based training modules are short concise web movies that deal with all major aspects of using NovusAGENDA. Training for staff doing item creation as well as review/approval is available along with agenda preparer and minutes training. Training It is intended to be remote, web based but delivered by a live trainer. Novus can come onsite, if needed but this module is extremely easy to use and onsite training is not required. Migration Integration The easiest way to integrate past agenda and minutes is to use our free upload option to upload minutes and agenda from past meetings. This will make the past information available to the public on one search interface provided in NovusAGENDA. Tracking of Board Member Terms NovusAGENDA ships with a full board and committee management function. This allows you to manage active boards and committees as well as their active and past members. Public can see your active board, understand who is one each board and see the term each member has. They can even see appointments made by each member. This feature really brings a new level of transparency to Government. Create and manage as many boards and committees as needed ❑ Add and inactivate members of each committee ❑ Link members to who they were appointed by if they are appointed and not elected. ❑ Post a description of each board and their mission for public view ❑ Manage seats on each board with term start and end dates ❑ Manage office holder titles such as Chair or Vice Chair ❑ Post Biographies for each member and post to the public This feature is included at no cost with NovusAGENDA. 18 Attachment B Pricing All pricing includes an unlimited use license enabling support for as many meeting types as you need at no added license costs. There are no user licenses either. "Unlimited use" means unlimited use with NovusAGENDA no matter which installation option you choose. NovusAGENDA Software Pricing Item Pricing (Annually) NovusMEETING Included NovusBOARDVIEW Included NovusREPORTING Included Board and Committee management Included Video Integration Included Video Services See Video Services Considerations Customized Reports Included Reports $500 each time Laserfiche integration Included in self-hosted only; not available for SaaS implementations Option In Meeting Tools (Voting, etc.) Additional $600 annually 19 Video Only Costs (Annual) Service Description Year 1 . NovusAGENDA Software, Hosting, $11,500 Maintenance, and Support $8,500 • NovusAGENDA One time Set up and Training Costs $3,000 *See Novus agenda training pricing • Includes unlimited customization for each board committee and commission Year 2 NovusAGENDA Software, Hosting, $8,500 Maintenance, and Support Year 3 NovusAGENDA Software, Hosting, $8,500 Maintenance, and Support Year 4 NovusAGENDA Software, Hosting, $8,500 Maintenance, and Support Year 5 NovusAGENDA Software, Hosting, $8,500 Maintenance, and Support Package 1 Up To 25 Non-Indexed meetings per year FREE (does not include LIVE Stream) No Encoder required Not integrated with your agenda. Users go to a separate website to view video stream via an easy to use h perlink option. Package 2 24/7 SD video stream of meetings/events $4,995 with unlimited on demand storage and indexing tools. You do your own indexing "post" meeting to an unlimited number of meetings. Encoder included Not integrated with your agenda. Users go to a separate website to view video stream via an easy to use h perlink option. Package 3 24/7 SD video stream of meetings/events $6,995 with unlimited on demand storage and indexing tools. You do your own indexing "live" in the meeting to an unlimited number of meetings. Encoder included Not integrated with your agenda. Users go to a separate website to view video stream via an easy to use h perlink option. Package 4 Up to 150 meetings indexed by us for you $26,000 and includes LIVE feed. Indexing included 5% over 150 meetings, included at no added cost to cover for unexpected special meetings. Unused meetings are not refunded but will be added as cushion for the following year. Encoder Advanced package 4 requires an advanced $5,325 encoder fully integrant with your agenda One-time fee and minutes. NovusAGENDA Training Pricing Standard training services are required for deployment and are a one-time fee. Standard Remote Description Training Services Administrator Training This is remote training to train one or two system administrators on managing user rights in NovusAGENDA. The cost is for the class not per student. This class is delivered remotely using web meeting technology managed by Novusolutions. Board Clerk Training Training including meeting management, agenda preparation, minutes and system oversight. Delivered remotely using web meeting. User Training Training includes creating items, copying old items to new meeting and item submission and approval process. Delivered remotely using web meeting. Board Training Training includes viewing agendas, minutes, and all documentation for upcoming meetings, making private notes, researching past meeting information and notes, and analyzing reports and meeting data. Web Based Training Web-based training videos for all staff to view on demand via Internet. Videos include: • User training • Board Clerk Training • Board Training Total One Time Cost $3,000 Optional Training Services Additional remote training — Included for new releases and refresher training. If retraining is needed due to turnover or other issues and the client does not want to use the included Web-Based Training Portal, nor sign up for the regularly scheduled Client Webinars, private remote classes can be scheduled for$125 an hour. Onsite training - $1,950 per day includes travel, 2-day minimum. 21 I _ • ATTACHMENT C ,. r • �'. 22. RESOLUTION NO.` 2014-28509 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2014-001, FOR AN ELECTRONIC AGENDA SYSTEM; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP RANKED PROPOSER, NOVUSOLUTIONS; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-RANKED PROPOSER, PROVOX SYSTEMS, INC.; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND- RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE THIRD- RANKED PROPOSER, CARAHSOFT TECHNOLOGY CORPORATION; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE THIRD-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE FOURTH-RANKED PROPOSER, GRANICUS, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION WHEREAS, on September 11, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2014-001 for an Electronic Agenda System; and WHEREAS, the solicitation was advertised on October 31, 2013 with a deadline of December 17, 2013, and notices were released to prospective proposers, resulting in the receipt of five (5) proposals; and WHEREAS, On January 7, 2014, the City Manager via Letter to Commission (LTC) No. 10-2014 appointed an Evaluation Committee (the "Committee") for the purpose of evaluating the proposals received; and the Committee convened on February 20, 2014 to evaluate the proposals in accordance with the criteria established in the RFP; and WHEREAS, the following ranking based on the overall Committee scoring was presented to the Manager for his due diligence and recommendation: (1) Novusolutions, (2) Provox Systems, Inc. (3) Carahsoft Technology Corporation, (4) Granicus, Inc.; and WHEREAS, after considering the review of the recommendation of City staff, the City Manager exercised his due diligence and is recommending that the Mayor and City Commission enter into negotiations the top ranked proposer, Novusolutions; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Provox Systems, Inc.; and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, i authorizing negotiations with the third-ranked proposer, Carahsoft Technology Corporation; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Granicus, Inc.; and further i authorizing the Mayor and City Clerk to execute agreements upon completion of successful negotiations by the Administration. f NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to request for proposals (RFP) No. 2014-001 for an Electronic Agenda System; authorizing the Administration to enter into negotiations with the top ranked proposer, Novusolutions; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Provox Systems, Inc.; and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Carahsoft Technology Corporation; and should the Administration not be successful in negotiating an agreement with fthe third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Granicus, Inc.; and further authorizing the Mayor and City Clerk to execute agreements upon completion of successful negotiations by the Administration. PASSED AND ADOPTED this S fh day of PlOrCA 2014. ATTEST: i A l Rafael Granad y.. d�nc� •. ° 4� Philip Levine, M f r �: ,'�•� pvi ter' ,:. I f :INCOR,p ED ORAT : a T:IAGENDA12014\Marc RrocEr 0*nVFP,26\4=,001 Electronic Agenda System-Resolution.doc I APPROVED AS TO FORM&LANGUAGE &'FOR EXECUTION City Atto Date /\AIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members ck the Cit Commission FROM: Jimmy L. Morales, City Manager DATE: March 5, 2014 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2014-001, FOR AN ELECTRONIC AGENDA SYSTEM. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Improve process through Information Technology; promote transparency of City operations. FUNDING The cost associated with the acquisition of an electronic agenda system is $51,350 over a five (5) year period. Funding in the amount of $17,300 for the first year investment is allocated in Account 552-6161-000679. Additional funding required for subsequent year renewals, or due to increased need of services, will be subject to the review and approval of the Office of Budget and Performance Improvement(OBPI). BACKGROUND Currently, agenda items are prepared in M.S. Word, and are routed in paper form from the initial preparer, to the Department/Division Director, to the appropriate Assistant City Manager, and finally to the City Manager for his approval. Any edits required to a document oftentimes requires the rerouting of the document back to its originator, creating inefficiencies and delaying the agenda preparation process. Once the Office of the City Clerk receives all the signed agenda items, the Agenda Coordinator and the City Clerk prepare the Agenda Packet.consisting of the agenda, staff reports, and associated attachments. The Office of the City Clerk utilizes MS Word to produce the agenda. The Agenda Packet is scanned in order to convert it into Portable Document Format (PDF); the PDF Agenda Packet is then processed through Optical Character Recognition (OCR) software to convert the PDF file into editable and searchable data. The Agenda Packet in PDF/OCR format is published on -the City Clerk's webpage for access by citizens. The proposed Automated Agenda Management software will provide an automated workflow to prepare, track, modify and monitor the progress of individual items for a specific agenda date. After review by appropriate persons, the system will allow for easy assembly of the documents into a single cohesive Agenda Packet for publication. The system will provide the ability to easily audit individual items to determine the modifications'made by reviewers to the original document, and provide flags for items that have not been reviewed in the process. Commission Memorandum—RFP#2014-001 Electronic Agenda System March 5, 2014 Page 2 Integration with the City's existing Microsoft Exchange e-mail system will allow for notification e-mails at specific milestones in the processing of items. While the primary objective is to automate the City Commission agenda preparation and management process, the City may explore the system's ability to provide for paperless distribution of Agenda Packets, paperless meetings, and to support other legislative bodies, such as the Commission Committees. This software will allow the City to save time and money by automating the paper-intense agenda process, while facilitating communication between the City Departments, the City Manager's Office and the Office of the City Clerk. It is anticipated that the Automated Agenda Management Software will streamline the agenda building process and provide the capability of easily posting the agenda, with attachment, to the City's web page to provide citizens the ability to view all documents being provided to the City Commission. The following benefits are expected if the City Commission approves the move to an Automated Agenda Management Software: 1. Improve Internal Controls — The software will provide the ability to easily audit individual items to determine the modifications made by reviewers to the original document, and provide flags for items that have not been reviewed in the process. 2. Improve Speed of Business Processes — The software will eliminate manual workflows; create and manage items for agendas in one system; and automate agenda item approvals with electronic approval processes. 3. Simplify Agenda Creation — The software will automatically compile files and supporting materials for upcoming meetings, and organize, store and retrieve electronic documents, which can easily be uploaded to the City Clerk's webpage for access by citizens. 4. Improve Customer Service — The software will track legislation and generate historical reports for staff, citizens and the City Commission. RFP PROCESS On September 11, 2013, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2014-001 for an Electronic Agenda System. The RFP was issued on October 31, 2013, with an opening date of December 17, 2013. The solicitation was advertised and notices were released to prospective proposers. The RFP resulted in proposals from the following five (5)firms: 1. Carahsoft Technology Corporation 2. CommLINK, LLC 3. Granicus, Inc. 4. Novusolutions 5. Provox Systems, Inc. CommLINK, Inc. was deemed non-responsive due to failure to sumbit documentation required by the RFP. Commission Memorandum—RFP#2014-001 Electronic Agenda System March 5, 2014 Page 3 On January 7, 2014, the City Manager via Letter to Commission (LTC) No. 10-2014 appointed an Evaluation Committee (the"Committee)consisting of the following individuals: • Sandra Novoa, Town Clerk, Town of Surfside • -Frank Kruszewski, Resident • Carmen Sanchez, Deputy Planning Director, City of Miami Beach • Marcia Monserrat, City Manager's Office, City of Miami-Beach • Rafael Granado, City Clerk, City of Miami Beach • Bob Biles, Applications Manager, IT Department, City of Miami Beach Alternates: • Conchita Alvarez, Town Clerk, Village of Key Biscayne • Ken Bereski, Resident and Leadership Academy graduate • Oscar Santiesteban, IT Department, City of Miami Beach Oscar Santiesteban replaced Bob Biles for the IT Department; Frank Kruszewski was unable to attend and an alternate could not be scheduled due to short notice. The Evaluation Committee (the "Committee") convened on February 20, 2014, to consider proposals received and interview the proposers. The Committee was provided with information relative to the City's Cone of Silence and Government in the Sunshine law, general information on the scope of services, reference responses, and additional pertinent information from all responsive proposers. After proposer's presentations and interviews, the Committee discussed the proposers' qualifications, experience, and competence, and further scored the proposers accordingly. The Committee was instructed to score each proposal pursuant to the Step 1 evaluation established in the RFP. Qualitative, °o Proposer Experience and Qualifications, including Financial 20 Capability Scope of Services Proposed 40 Approach and Methodology 20 TOTAL AVAILABLE ° fPOINTS 80 Following the results of Step 1 Evaluation Qualitative criteria, the Department of Procurement Management added the Step 2 quantitative criteria in accordance with the formula established in the RFP. Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to the following ordinances. LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five-(5) points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. Please note that no proposer was eligible for local's preference. i Commission Memorandum—RFP#2014-001 Electronic Agenda System March 5, 2014 Page 4 VETERANS PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. Please note that no proposer was eligible for Veteran's preference. Step'2: P Cost Proposal 20 Local and Veterans Preference Miami Beach-Based Vendor 5 Veterans and State-Certified Service-Disabled Veteran 5 Business Enterprises POINTS AL AVAILABLE STEP 2 After combining Step 1 and 2 of the Evaluation process, the final rankings are as follows: Rafael Marcia Carmen Sandra Oscar Low Granado Monserrat Sanchez Novoa Santiesteban Aggregate Totals Carahsoft Technology Corporation (61)3 (85)2 (56)3 (69)3 (79)3 (14)3 Granicus, Inc. (45)4 (55)4 (40)4 (42)4 (76)4 (20)4 Novusolutions (88)1 (93)1 (91)1 (91)1 (93)1 (5) 1 Provox Systems, Inc. (69)2 (79)3 (57)2 (75)2 (84)2 (11)2 A detailed tabulation showing the rates of each proposer is included in Appendix A. In determining responsiveness and responsibility of the firms, the Department of Procurement Management verified compliance with the minimum requirements established in the RFP, financial capacity as contained in the Dun & Bradstreet Supplier Qualifier Report, and past performance through client references submitted by each bidder. Novusolutions has been in business since 2000. Their offices are located in Tampa and Weston, Florida. They serve the Government and Education markets with software products designed to increase effectiveness in various areas. Novusolutions customers include the cities of North Miami Beach, Plantation, Orlando, and Daytona Beach among others. Provox Systems, Inc. is a Texas based manufacturer and solution provider with over 22 years of experience in Agenda Meeting Management solutions for municipalities, organizations, education and health customers, including Otero County in New Mexico, Putnam County in Georgia, and City of Lowell in Massachusetts among others. Carahsoft Technology Corporation has been in business for nine (9) years. It was founded to assist government public sector Officials improve how the public sector collaborates with their stakeholders. Their customers include City of Ocala, Okeechobee County, and City of Brookhaven in Georgia among others. I Commission Memorandum—RFP#2014-001 Electronic Agenda System March 5, 2014 Page 5 Granicus, Inc. was founded on 1999 and is headquartered in San Francisco. Granicus provides turnkey solutions to enable governments to work more efficiently, encourage citizen participation and engagement, and increase government transparency and trust. Clients include the cities of Fort Lauderdale, Doral, and Coral Gables, and the Village of Wellingon among others. MANAGER'S DUE DILIGENCE In accordance with the ranking results pursuant to the evaluation process outlined herein and the due diligence review by the City Manager, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to RFP 2014-001 for an Electronic Agenda System, as outlined in the Recommendation section below. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to request for proposals (RFP) No. 2014-001 for an Electronic Agenda System; authorizing the Administration to enter into negotiations with the top ranked proposer, Novusolutions; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Provox Systems, Inc.; and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Carahsoft Technology Corporation; and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Granicus, Inc.; and further authorizing the Mayor and City Clerk to exe a agreements upon completion of successful negotiations by the Administration. JLM /AD T:\A NDA\2014\March\Procurement\RFP 2014-001 Electronic Agenda System.doc i i I i ' x ca o o °c 0 0 >- > ( N � c c - o0 O o ti o0 v -o ac) -o ac) °0 w M N LO a) E a) E ti a. 619- 69 -o a) 'o a) to � _ _ _ _ 60 C1 Cl c E C E L O O J 0 L6 O Q Q to 2 U)co O 0 M OLO M Ln X to O U EF3 OO O � U o 0 64 6R 69 co CD Z W c6 } Q Q o� J H m C) -- o D � Z ~ x 00 ri °o C) U o 0- Efl 6�9 LL 2 z TL 0 C13 o = J LO r > z O O W OCT M O X ZI Q l� U') LC) (3) 0) t q > r a. LL O Ef? Z 69. 69 W co } } oG (n V} U co LO } 0 O co o O O IT M 6�9 ER ti ~ � zr 1--• T— W 6A Ef3 6�? LL LU U 00 O = 0 W ~ � o X Q LO = U U r- Lon o ~ �- Z Ln O ai U Q U too to 409. N W U 69 d9 69 J Q m Z og a) c c CO 0 cu g N ° W > 0 E oF- W 0w3 �' L) U - LL � c a) E � o Q F- W ° �- cr > 'p a) W o c ca = �-'� a) aD D HO ° gym Way aac) a) O 'c � E °'� Z Z � O a) Cl) a) � x o . E c � -o c Ia- J H c c Z c E J m a) O ° �'•� �° cu m O W � cn ._ m O 0 •> .o U L � cnZ Cl� E ~ � -° LA M c c Z ca a) _ rn 0 .0 —-p F.. O O ; a) c c "N co c cn c a) a) _ W O N cc co �"' c� c J O .v �- I -° N L ca z } a) o Fn a) J W 'C W > C. t cn .U.1 J O (a _ W fA 0) O F- �U) H O �i -p a) E d LLB 3 -0 a) � J � c � QLr) � N 2 a) > .� 5 c N E o �. �. CL 0 � o ° X ° ° OW ° = z ° ca a c� N ° 0 o % Q v) LLCn E aa)) o � a. 2U >- :�Q } cn0 � .� � F- � 3 H- U« COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of Proposals,Pursuant To Request For Proposals RFP No. 2014-001, For An Electronic Agenda System. Key Intended Outcome Supported: Improve Process Through Information Technology; Promote Transparency of City Operation Supporting Data(Surveys, Environmental Scan,etc.:) N/A Item Summary/Recommendation: On September 11, 2013, the Mayor and City Commission approved the issuance of Request for Proposals(RFP)No.2014-001 for an Electronic Agenda System.The RFP was issued on October 31,2013,with an opening date of December 17,2013.The solicitation was advertised and notices were.released to prospective proposers.The RFP resulted in proposals from the following five(5) firms: Carasoft Technology Corporation; CommLINK, LLC; Granicus, Inc.; Novusolutions; and Provox Systems, Inc. On January 7, 2014, the City Manager via Letter to Commission(LTC)No. 10-2014 appointed an Evaluation Committee (the "Committee"). The Committee convened on February 20, 2014, to consider proposals received and interview the proposers. After review of proposals and presentations by proposers,the proposals were evaluated in accordance with the criteria set forth in the RFP. RECOMMENDATION In accordance with the evaluation process outlined in the RFP and the due diligence review by the City Manager, the Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to RFP 2014-001 for an Electronic Agenda System; authorizing the Administration to enter into negotiations with top-ranked proposer, Novusolutions;and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Provox Systems, Inc.;and should the Administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Carahsoft Technology Corporation;and should the Administration not be successful in negotiating an agreement with the third-ranked proposer, authorizing negotiations with the fourth-ranked proposer, Granicus, Inc.; and further authorizing the Mayor and City Clerk to execute agreements upon completion of successful negotiations by the Administration. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 $17,300 552-6161-000679 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs. De ent DiregfoN Assistant 'ty Manager City lWa2ager AD REG KGB JLM T:IAGEND 141March\Procurement\RFP 2014-001 Electronic A enda System-Summary.doc MIAMIOES' EACH AGEN®A ITEM C '' GATE 57- MIA/01BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490, Fax: 305-673-7851 REQUEST FOR PROPOSALS NO. 2014-001-MF ADDENDUM NO. 2 December 5, 2013 ELECTRONIC AGENDA SYSTEM is amended as follows: I. Deadline for the receipt of proposals is postponed until December 17,2013 at 3:00pm. II. Pre-bid meeting sign-in sheet is attached for bidder's information. III. Section II - Minimum Qualifications Requirements is hereby revised as follows (underlined denotes additional language,stricken through denotes deleted language): SECTION II—MINIMUM QUALIFICATIONS REQUIREMENTS In order to be considered,Proposers shall provide evidence of the following minimum requirements: 1. Proposer must have references in the government market(minimum of three(3)successfully completed automated agenda management projects). 2. Software must be ADA compliant. 4. Proposed solution asst may be hosted by third-party or hosted internally and web-enabled. IV. Add paragraph 5 to Section Ill—Scope of Services, Desired Qualifications of Proposer, as follows: 5. The City will consider both internally and externally hosted solutions.However,the City prefers an externally hosted solution.If proposer's solution is an internal solution,please state this on your response.If the proposed solution can be hosted either internally or externally,please specify the cost for each solution. V. Section Ill — Scope of Services, Functional Features, is hereby revised as follows (underlined denotes additional language,stricken through denotes deleted language): 1. Login security should use the name and account ID and password,seamlessly-fer auto-leg+a-sapabili# . 109. Single Sign-On through Active Directory Services(for internally hosted solution). 112.Ability to integrate with Folio system currently utilized by the City(currently using Folio Views 4.2). This information has been updated on Appendix B, Minimum Requirements and System Features Checklist, and is available in word format on the Public Purchase website. VI. Issues discussed during the pre-proposal conference are hereby made part of this RFP: a. See below City's IT Environment: 1. Any server that is provisioned on the inside will be a virtual machine (VM). The City currently has ESX 5.1 and can provision any VM configuration in terms of CPU and RAM. Request For Proposals No. 2014-001-MF Addendum No. 2 2. The database solution for this solution will be hosted on the City's SQL Farm.The SQL Farm is a 2 server Windows Cluster running Windows Server 2008 R2 64 bit Service Pack 1 operating System. 3. The current version of Laserfiche we have is 8.2.1 (Rio) 4. The Current version of MS Exchange is 2010 Service Pack 3. b. If proposed solution is based on Apache/JBOSS/TOMCAT, proposer will be responsible for patch management of the server. VII. The following are responses to questions submitted by prospective proposers: 1. Should the City be interested in an electronic voting system, how many voting stations would be required? Answer: Seven. 2. Please check off all of the following functionalities that are important to you: • Electronic approval process of agenda. Answer: Important • Unlimited content storage and distribution. Answer: Important • Minutes annotation. Answer: Important • Minutes editing and publishing. Answer: Interested in • Electronic voting. Answer: Interested in • Web streaming of council meetings. Answer: Interested in • Paperless agenda iPad application. Answer: Important • Ability to index and link agenda items to web streaming. Answer: Interested in • Citizen engagement and collaboration tools. Answer: Important Answer: We suggest that information, pricing, and capabilities for all options described herein be provided by the respondents. 3. With respect to approval workflows, are there any business process narratives, use cases or flow charts available detailing the current approval processes. If so, can they be made available in advance of the response submission, if not is the development of process flows to be considered part of the successful vendors response? Answer: No such flow chart exits. However, the City can create such flowcharts once a vendor is selected. The City will develop the flow of how items travel through the system with the selected vendor. 4. Will the review include ease of use by the end-user, especially in light of the diversity of user base? As an example,would a iPAD application that streamlines meetings receive credit under the City's review? Answer: Yes, the evaluation committee will allocate points in accordance with the evaluation criteria set forth in the RFP. Request For Proposals No. 2014-001-MF Addendum No. 2 5. Are all meeting participants instantiated within the City's Active Directory or are individual's who are external to the organization (Committee Members) on a separate AAA platform. Answer: For the solution where by the city hosts the hardware and software the internal network users will be the only users found in the active directory. For committee members, they would require some other authentication technique for access to the software. 6. Could you specify how the Imprivata SSO appliance will be used in an outsourced deployment?In an internal deployment? Answer: The Imprivata appliance would only be used in the case where by the city hosts the hardware and software. Externally hosted solutions would not be required to meet this requirement. 7. Generally a SSO requirement exists for either a hosted or on-premises solution, could you provide more detail of this requirement? Answer: Imprivata single sign on would be used in the hosted, on-premise solution only. The externally hosted solution is exempted. 8. Is there a budget for this initiative, if so, is the value of that budget available to prospective bidders? Answer: Budgeted amount is $34,000. 9. What will be the evaluation criteria for choosing between a hosted and on-premises solution? Answer: The evaluation generally is the functionality provided by the software and the clients interests in the product. Both external and on-premise solutions are equally viable choices. 10. If the City were to opt for a hosted solution, could you detail the minimum requirements for a hosted solution: a) #CPUs b) Redundancy (Blade, Server, Geographic...) c) Testing/Trial Site d) External I P address (1 X or more?) e) Load balancing/latency requirement, if any f) Length of Archive - 1 Year/3 Years g) Do you have a gauge of how much data is stored presently for 6 months, 1 year, or more of meetings? h) Minimum storage requirement for RFP? What is the criteria for additional storage? Answer: (a,b,c,d,e) The city cannot specify your hosted solution hardware requirements. (f) Retention -2 anniversary years. The system must have capability for the City,to also save the entire agenda package, as a PDF file which it may save in its own servers. (g) The city has a PDF's of prior agendas. The agenda can be from 400 pages to as many as 1100 pages. (h) The city cannot provide this number at this point. i Request For Proposals No. 2014-001-MF Addendum No. 2 11. If the City were to opt for a customer premises deployment: a) Is there an architecture diagram available of the current infrastructure deployed at the City of Miami Beach? Answer: The city has a diagram but does not share it. Generally there is a DMZ for the web based applications. Those web based applications must use a middle tier web service to access the databases. No web application has direct connectivity to the database. The web environment is load balanced. Microsoft Windows 2008 &2012 r2 servers. MS SQL Server 2008 databases. Microsoft.net application environment. For I the internal environment is the same basic description as the external environment. f Desktops and laptops are Windows 7 & and higher. 1pads, tablets and smart phones (iphone). b) What is the role of SharePoint in the organization? How is SharePoint architected (use, versions, infrastructure structure)? Answer: The City has not implemented Sharepoint at this time. c) Could you clarify the option to have the database hosted locally while the system is hosted externally-this seems counter-intuitive? Answer: This is the clarification. For externally hosted systems the database would be hosted externally and not locally hosted. The City's understanding of externally hosted solution would be characterized with the solution provider provisions, patchs and upgrades while City would experience a near 100 percent availability. THIS IS A FORMAL ADDENDUM THAT HAS TO BE ACKNOWLEDGED IN THE BID ; ADDENDA ACKNOWLEDGEMENT FORM. IF A BIDDER FAILS TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM AS PART OF ITS BID SUBMISSION, THE CITY ' RESERVES THE RIGHT TO REQUEST,AND THE BIDDER MUST COMPLY WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT OF WRITTEN REQUEST FROM THE CITY. I i f CITY OF MIAMI BEACH I AlqDDe s P rocurement Director mf i I i MIAMIBEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: November 15, 2013 RFP No.: 2014-001-MF TITLE: ELECTRONIC AGENDA SYSTEM LOCATION: CITY MANAGER'S LARGE CONFERENCE ROOM NAME (PLEASE PRINT) COMPANY NAME - E-MAIL ADDRESS PHONE# FAX# (Required) (Optional) Marta Fernandez Rubio City of Miami Beach —Procurement 305-673-7000 x- 305-394-4003 6263 mfernandezrubio@miamibeachfl.gov osC;T o F tAm B3 ACA - -L°r. 305 0673-700D *7W-Nq CA4,Sq�1 l GPs x 6991 C r R vnp4e 'V xrjm elowHo 17f d�c�.Z I i I I I I MIAMIBEACH PRE-PROPOSAL MEETING SIGN-IN SHEET DATE: November 15, 2013 RFP No.: 2014=001-MF TITLE: ELECTRONIC AGENDA SYSTEM LOCATION: CITY MANAGER'S LARGE CONFERENCE ROOM NAME (PLEASE PRINT) COMPANY NAME - E-MAIL ADDRESS PHONE# FAX# (Required) (Optional) n e, 136- 6654A33 CA co k 0c A P • V C d r �IDJ c, G m n law cc�-V\ i C"L_� n �7�1 n� C c ©L )�4 YV,-6 aak -�-i �bAAAP. (11�� C i I I i I I APPENDIX "B" MINIMUM REQUIREMENTS AND SYSTEM FEATURES CHECKLIST RFP 2014-001 MF, ELECTRONIC AGENDA SYSTEM Does your system provide for the following features or functionalities? Response Category (Yes/No) (Indicate whether your proposed solution includes feature, if feature is provided by a third party, please indicate 3P in the optional description/notes) (3P) -3.d Party(Indicate if feature is provided by a third party) Response Description/Notes MINIMUM REQUIREMENTS Yes/No 1 Proposer must have references in the government Submit detailed response under Section IV, market(minimum of three(3)successfully Tab 2 completed automated agenda management projects). 2 Submit detailed response under Section IV, Software must be ADA compliant. Tab 2 3 Proposed solution may be hosted by third-party or Submit detailed response under Section IV, internal) and web-enabled. Tab 2 DESIRED QUALIFICATIONS OF PROPOSER 1 At least five years of automated agenda Submit detailed response under Section IV, management experience. Tab 2 2 Single system developed and supported by a sole Submit detailed response under Section IV, vendor offering all elements necessary to meet Tab 2 the requirements outlined in this RFP. 3 Offer a scalable solution to meet expanding needs Submit detailed response under Section IV, of the City of Miami Beach over time. Tab 2 4 Experience with integrating the proposed solution Submit detailed response under Section IV, with third party applications to maximize Tab 2 usefulness of the proposed solution. 5 The City will consider both internally and Submit detailed response under Section IV, externally hosted solutions. However, the City Tab 2 prefers an externally hosted solution. If proposer's solution is an internal solution, please state this on your response. If the proposed solution can be hosted either internally or externally, please specify the cost for each solution. FUNCTIONAL FEATURES Item Preparation by Department 1 Login security should use the name and Account Submit detailed response under Section IV, ID and password Tab 2 2 Provide standard Word templates for drafting staff Submit detailed response under Section IV, reports, resolutions and ordinances. Tab 2 3 Agenda templates should include preloaded drop- Submit detailed response under Section IV, down designations, and an option to edit these Tab 2 designations(e.g. minimize manual data entry using feature such as drop-down tables,type- ahead,check, boxes, auto populate,etc. 4 Agenda templates should include a checklist of Submit detailed response under Section IV, standard items, including roll call, public hearings, Tab 2 voting requirements, presentations, etc.As needed,the checklist of standard items can be edited and amended by authorized users. 5 Provide for spell check. Submit detailed response under Section IV, Tab 2 RFP 2014-001 MF,Electronic Agenda Addendum 2 dated 12/5/13 Functional Features(contd.) Response Optional Description/Notes Yes/No 6 Allow attachment of files in various formats and Submit detailed response under Section IV, from various drives and locations(e.g. Laserfiche Tab 2 repository). 7 Create electronic versions of paper documents for Submit detailed response under Section IV, item submittal. Tab 2 8 Provide for inter-departmental review in the Submit detailed response under Section IV, workflow prior to item submittal. Tab 2 9 Allow an unlimited number of meetings to be Submit detailed response under Section IV, added and managed by the system. Tab 2 10 Ability to accommodate a meeting within a Submit detailed response under Section IV, meeting(e.g.executive session, redevelopment Tab 2 agency,etc.). 11 Ability to support simultaneous multiple-user Submit detailed response under Section IV, access to all components of the agenda. Tab 2 Item Submittal by Department 12 Use for multiple meeting bodies(e.g. City Submit detailed response under Section IV, Commission, City Commission Committees, Tab 2 boards or Committees). 13 Use for multiple meeting types(e.g. regular Submit detailed response under Section IV, meeting, special meeting,workshops)for a Tab 2 meeting body. 14 Allow advance scheduling of items(e.g. submit Submit detailed response under Section IV, title only for a future agenda). Tab 2 15 Allow scheduling of recurring items. Submit detailed response under Section IV, Tab 2 16 Provide a central point for handling and Submit detailed response under Section IV, documenting tasks relating to an item(e.g.send a Tab 2 notice of public hearing for publication 30 days before the meeting, submit a PowerPoint for presentation during a meeting,publish a notice to proposer s after the City Commission adopts tans andspecifications). 17 Provide for simple and user-friendly interface for Submit detailed response under Section IV, submitting items. Tab 2 18 Allow user to modify an item offline. Submit detailed response under Section IV, Tab 2 19 Allow input of follow-up instructions for use after Submit detailed response under Section IV, meeting. Tab 2 20 Enforce submittal deadline. Submit detailed response under Section IV, Tab 2 21 Submit supplemental and addendum materials for Submit detailed response under Section IV, agenda items(e.g. submiaa revised staff report Tab 2 for review after the agenda was published but before the meeting, submit public comments received up to time of meeting). 22 No limit in the type of electronic files that can be Submit detailed response under Section IV, attached.These file types include at least text, Tab 2 graphics,word processing applications, spreadsheets, acrobat, HTML,and photos and other images. Digital media such as visual files should also be supported.(TIFF,JPEG, MPEG, GIF, PDF, BMP, PNG, Pict,AVI). 23 Allow agenda items to be moved with all Submit detailed response under Section IV, associated attachments from one agenda to Tab 2 another. RFP 2014-001 MF,Electronic Agenda Addendum 2 dated 12/5/13 r Functional Features(contd.) Response Optional Description/Notes Yes/No Workflow Design 24 Customize workflow(serial or parallel)specific to Submit detailed response under Section IV, each meeting body(e.g.,the agenda creation Tab 2 follows the City-defined workflow). 25 Allow reviewers to modify/override workflow(e.g. Submit detailed response under Section IV, return item to department,forward to person not Tab 2 in standard workflow). 26 Allow assignment of delegates/backups for out-of- Submit detailed response under Section IV, office reviewers(e.g. reviewer assigns a delegate Tab 2 during vacation). 27 Route items to reviewers automatically. Submit detailed response under Section IV, Tab 2 28 Restrict access to items being reviewed. Submit detailed response under Section IV, Tab 2 29 Program key dates for tasks. Submit detailed response under Section IV, Tab 2 30 Allow insertion of documents to any step,of the Submit detailed response under Section IV, workflow. Tab 2 31 Allow the withdrawal of document to any step of Submit detailed response under Section IV, the workflow. Tab 2 32 Allow the withdrawal of an agenda item from the Submit detailed response under Section IV, workflow. Tab 2 33 Allow deadlines to be set based on meeting date, Submit detailed response under Section IV, response time,etc. Tab 2 34 The workflow should allow routing to be Submit detailed response under Section IV, determined automatically based on information Tab 2 gathered during the flow process. 35 Automatically renumbers agenda items when Submit detailed response under Section IV, editing. Tab 2 36 Allows for future redesigns of workflow Submit detailed response under Section IV, Tab 2 Notification 37 Use email to notify departmental reviewers during Submit detailed response under Section IV, item preparation phase. Tab 2 38 Use email to notify City Clerk/Agenda Coordinator Submit detailed response under Section IV, upon item submittal. Tab 2 39 Use email to notify reviewers to review items. Submit detailed response under Section IV, Tab 2 40 Use email to send reminders to appropriate staff Submit detailed response under Section IV, to facilitate workflow(e.g., reviewer receives Tab 2 message to review an item after a number of days). 41 Customize notification messages specific to the Submit detailed response under Section IV, task(e.g. Budget Director receives message to Tab 2 review financial information for an item at provided h erlink). 42 Customize notifications during review process Submit detailed response under Section IV, (e.g., item submitters can opt to receive Tab 2 notifications on the status of an item at each step or after approval foragenda). 43 Notify administrator if a reviewer or delegate in a Submit detailed response under Section IV, defined workflow is no longer in Active Directory. Tab 2 44 Allow for escalation and notifications based on Submit detailed response under Section IV, deadlines. Tab 2 45 Ability to track the status of each agenda. Submit detailed response under Section IV, Tab 2 RFP 2014-001 MF,Electronic Agenda Addendum 2 dated 12/5/13 Functional Features(contd.) Response Optional Description/Notes Yes/No Review and Approval 46 Show comments and track changes on Submit detailed response under Section IV, documents in different file types. Tab 2 47 Document approvals on final items(e.g. insert an Submit detailed response under Section IV, approval code,apply an electronic or digital Tab 2 signature). 48 Allow reviewers to see pending items for review, Submit detailed response under Section IV, and allow the user to decide which items they Tab 2 would like to access. 49 Ability to see the status of any item and Submit detailed response under Section IV, graphically view where it is at in the workflow Tab 2 process at any given point. 50 Provide automatic notification when a document is Submit detailed response under Section IV, revised. Tab 2 51 Support electronic signatures. Submit detailed response under Section IV, Tab 2 Monitoring and Tracking 52 Allow users to see status of submitted items by Submit detailed response under Section IV, department, meeting date,etc. Tab 2 53 Allow users to see preliminary meeting agenda. Submit detailed response under Section IV, Tab 2 54 Allow Clerk/Agenda Coordinator to move an item Submit detailed response under Section IV, from one meeting to another. Tab 2 Publication 55 Allow moving items on agenda prior to Submit detailed response under Section IV, publication. Tab 2 56 Allow drafts to be created. Submit detailed response under Section IV, Tab 2 57 Allow flexible reformatting of the document, such Submit detailed response under Section IV, as font, indentation, numbering,order of items, Tab 2 etc. 58 Allow pending items to be placed on the agenda. Submit detailed response under Section IV, Tab 2 59 Capability to allow versioning of agendas and Submit detailed response under Section IV, agenda items; allows process steps such as draft, Tab 2 revision and final agenda. 60 Assemble all items with different file types into a Submit detailed response under Section IV, final agenda packet. Tab 2 61 Automatically converts all documents to PDF Submit detailed response under Section IV, (OCR version)for printing and website Tab 2 publication. 62 Link agenda item title on short agenda to item in Submit detailed response under Section IV, agenda packet. Tab 2 63 Insert page numbers. Submit detailed response under Section IV, Tab 2 64 Works with the City's print shop equipment to Submit detailed response under Section IV, allow the insertion of tabs and blue pages Tab 2 separating agenda items for paper agendas. 65 Amend an agenda after publication(e.g.add an Submit detailed response under Section IV, item to a published agenda). Tab 2 66 Publish automatically to multiple locations(e.g. Submit detailed response under Section IV, website, Laserfiche repository). Tab 2 RFP 2014-001 MF,Electronic Agenda Addendum 2 dated 12/5/13 Functional Features(contd.) Response Optional Description/Notes Yes/No 67 Publish to different media for distribution(e.g. Submit detailed response under Section IV, iPad). Tab 2 68 Notify interested parties when certain subjects are Submit detailed response under Section IV, on the agenda. Tab 2 69 Ability to download the agenda and all associated Submit detailed response under Section IV, backup material as individual items. Tab 2 70 Have the ability to download a copy of a meeting Submit detailed response under Section IV, with all the supporting material to a folder Tab 2 providing for easy off-line access. 71 Provide public access,via the internet,to Submit detailed response under Section IV, archival/historical information,such a meeting Tab 2 minutes/after-actions, motions and votes. 72 Provide the ability to download the agenda to any Submit detailed response under Section IV, mobile device such as iPad or smartphone. Tab 2 73 Ability to notify Commissioners, board members Submit detailed response under Section IV, and the public of agenda and packet availability. Tab 2 74 Ability to automatically notify the public when Submit detailed response under Section IV, changes are made to an individual agenda item. Tab 2 75 Ability to create a table of content for the agenda. Submit detailed response under Section IV, Tab 2 76 Provide bookmarks in the PDF agenda packet to Submit detailed response under Section IV, allow users to jump to relevant items in the Tab 2 packet. 77 Ability to convert the final agenda to PDF and Submit detailed response under Section IV, Word files. Tab 2 Meeting Minutes/After-Action 78 Real-time record of roll call and voice votes. Submit detailed response under Section IV, Tab 2 79 Real-time record of notes. Submit detailed response under Section IV, Tab 2 80 Allow Clerk's staff to enter multiple motions for a Submit detailed response under Section IV, single item, including substitute motions. Tab 2 81 Ability to choose whether electronic voting is Submit detailed response under Section IV, used. Tab 2 82 Ability o vote per individual item or entire agenda Submit detailed response under Section IV, Y P 9 P sections, such as Consent Agenda. Tab 2 Follow-up and Research 83 Provides post meeting capability for tracking, Submit detailed response under Section IV, numbering and signing of documents. Tab 2 84 Notify staff regarding actions following meeting Submit detailed response under Section IV, (e.g. notify selected staff members about the City Tab 2 Commission action on an item). 85 Notify staff regarding tasks following meeting(e.g. Submit detailed response under Section IV, notify item originator to submit a notice for Tab 2 publication, notify item originator to submit original agreement to the City Clerk after obtaining signature from the outside a 86 Maintains and makes available history of all Submit detailed response under Section IV, a enda items. Tab 2 87 Allows users to search and access past items by Submit detailed response under Section IV, keywords, dates, project manager,etc. Tab 2 RFP 2014-001 MF,Electronic Agenda Addendum 2 dated 12/5/13 Functional Features(contd.) Response Optional Description/Notes Yes/No 88 Provides the capability to prepare meeting Submit detailed response under Section IV, minutes/after-actions(records motions, votes, Tab 2 etc.). 89 Provide the capability to prepare meeting notes Submit detailed response under Section IV, (e.g.,the offline agenda version should allow each Tab 2 user to make notes for each agenda item;the proposed solution should provide the ability to make notes on agenda items on mobile devices.). 90 Provide for search of agenda items,full text or Submit detailed response under Section IV, metadata. Tab 2 91 Ability to OCR documents in order to allow search Submit detailed response under Section IV, of text within documents. Tab 2 92 Ability to print any search result. Submit detailed response under Section IV, Tab 2 93 Allow searches by date and/or within date ranges. Submit detailed response under Section IV, Tab 2 94 Support grouping and searching documents Submit detailed response under Section IV, based on metadata content. Tab 2 95 Search on agenda titles, agenda content, Submit detailed response under Section IV, supporting materials content, supporting material Tab 2 annotations. 96 Public can search meeting agenda, minutes/after- Submit detailed response under Section IV, actions and associated documents Tab 2 simultaneously. 97 Return a list of all search results with links to the Submit detailed response under Section IV, agenda item and supporting documents within the Tab 2 respective agenda. 98 Ability to search for records related to vote(e.g., Submit detailed response under Section IV, how many time a Commissioner/Mayor voted Yes, Tab 2 No, abstained,etc. 99 Ability to search for records regarding meeting Submit detailed response under Section IV, attendance(list meetings in which a Tab 2 Commissioner/Mayor was absent). 100 Ability to use workflow post meeting for tracking, Submit detailed response under Section IV, numbering and signing of documents. Tab 2 Document Management 101 Prepare follow-up legislative documents from files Submit detailed response under Section IV, submitted with item. Tab 2 102 Export selected files to Laserfiche for archive. Submit detailed response under Section IV, Tab 2 Reports 103 Generate calendar of scheduled items on future Submit detailed response under Section IV, agendas by date range, department,etc. Tab 2 104 Generate statistical and performance reports(e.g. Submit detailed response under Section IV, tabulation of agenda items for reimbursement Tab 2 claims,tabulation of agenda items by departments for cost allocation studies,and other reports). 105 Ability to support flexible user-friendly query Submit detailed response under Section IV, capability based on user-defined criteria. Tab 2 106 Ability to export reports to Microsoft Excel and Submit detailed response under Section IV, Word. Tab 2 107 Ability to print reports. Submit detailed response under Section IV, Tab 2 RFP 2014-001 MF,Electronic Agenda Addendum 2 dated 12/5/13 I , Functional Features(contd.) Response Optional Description/Notes Yes/No System Technology 108 Software should have a sharepoint interface Submit detailed response under Section IV, capability. Tab 2 109 Single Sign-On through Active Directory Services Submit detailed response under Section IV, (for internally hosted solution). Tab 2 110 Able to integrate with Microsoft Exchange. Submit detailed response under Section IV, Tab 2 111 Ability to integrate with electronic document Submit detailed response under Section IV, management systems for seamless depositing of Tab 2 final agendas into the archive(currently running LaserFche/Weblink). 112 Ability to integrate with folio system currently Submit detailed response under Section IV, being utilized by the City(currently using Folio Tab 2 views 4.2). 113 Allow third party reporting tool to access database Submit detailed response under Section IV, for ad hoc queries and reporting. Tab 2 114 Provides user-dependent views/security based Submit detailed response under Section IV, on role. Tab 2 115 Provide adequate security to safeguard Submit detailed response under Section IV, documents, processes and existing data from Tab 2 non-administrative users. 116 Ability for system/database to be hosted locally Submit detailed response under Section IV, on company's network. Tab 2 117 Technical support provided with software. Submit detailed response under Section IV, Tab 2 118 Upgrades included in the maintenance price. Submit detailed response under Section IV, Tab 2 119 Ability of system to time out users due to inactivity Submit detailed response under Section IV, of their client connection(admin configurable time Tab 2 limits). 120 Ability of system to lock files as they are edited to Submit detailed response under Section IV, avoid revision contention issues. Tab 2 121 Allow off-line editing/reviewing of documents to Submit detailed response under Section IV, be later resynchronized and resume workflow Tab 2 122 Allow remote access. Submit detailed response under Section IV, Tab 2 System Support 123 Software support should be available and Submit detailed response under Section IV, provided by the vendor via a telephone hot line Tab 2 backed up by a minimum of three support personnel available and a complete line of computer hardware to be able to test and re- create any software situation. 124 Software support must be available during the Submit detailed response under Section IV, City's"normal"business hours,which are Tab 2 Monday-Friday, 8:00 a.m.—5:00 p.m., Eastern Standard Time,with access to support personnel after hours and on weekends. It is desired that any user have access to support personnel for questions. 125 Provide end user training options(both initial and Submit detailed response under Section IV, follow-up). Tab 2 126 Provide administrator-training options(both initial Submit detailed response under Section IV, and follow-up) Tab 2 RFP 2014-001 MF,Electronic Agenda Addendum 2 dated 12/5/13 f I r MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamlbeachfl.gov DEPARTMENT Of PROCUREMENT MANAGEMENT Tel:305-673-7490,Fax:305-673-7851 'i REQUEST FOR PROPOSALS NO. 2014-001-MF ADDENDUM NO. 1 November 15, 2013 ELECTRONIC AGENDA SYSTEM is amended as follows: I. Deadline for the receipt of proposals is hereby postponed until December 6, 2013 at 3:00pm ll. Deadline for the receipt of questions is hereby postponed until November 22, 2013. INASMUCH AS THIS CHANGE DOES NOT MATERIALLY AFFECT THE BID DOCUMENT, BIDDERS ARE NOT REQUIRED TO ACKNOWLEDGE THIS ADDENDUM TO BE DEEMED RESPONSIVE. CI IAMI BEACH A enis A Director mf I i J I 1 I i REQUEST FOR PROPOSALS ( RFP) RFP 2014-001-MF ELECTRONIC AGENDA SYSTEM m AAIAAAIBEACH DEPARTMENT OF PROCUREMENT MANAGEMENT, 3RD Floor 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7490 i ® MAMBEACH RFP 2014-OO1MF ELECTRONIC AGENDA SYSTEM TABLE OF CONTENTS Section I Overview & Proposal Procedures ........................... 4 Section II Minimum Qualifications Requirements .................... 7 Section III Scope of Services.................................................. 7 Section IV Proposal Format .................................................... 11 Section V Evaluation/Selection Process.................................. 12 Section VI Special Terms & Conditions: Insurance..................... 14 Section VII General Conditions ................................................ 15 Section VII Appendices: A-Proposal Certification, Questionnaire & .............. 20 Requirements Affidavit(Under Separate Cover) B - Minimum Requirements And System Features 27 Checklist Cost Pr I 34 C Cos oposa I MIAMIBEACH m 1^v11Ar°,1tl BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov DEPARTMENT OF PROCUREMENT MANAGEMENT Tel: 305-673-7490, Fax: 786-394-4003 PUBLIC NOTICE Sealed proposals, as detailed herein,will be received until 3:00 PM on, November xxx, 2013,at the following address: City of Miami Beach City Hall Procurement Division—Third Floor 1700 Convention Center Drive Miami Beach,Florida 33139 ANY PROPOSAL RECEIVED AFTER 3:00 PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL,COURIER SERVICE,OR ANY OTHER ENTITY OR OCCURRENCE. Proposers are hereby advised that this RFP is subject to the following ordinances/resolutions, which may be found on the City of Miami Beach website:www.miamibeachfl.gov/procurement. • CONE OF SILENCE--ORDINANCE NO.2002-3378 • PROTEST PROCEDURES--ORDINANCE NO.2002-3344. • DEBARMENT PROCEEDINGS--ORDINANCE NO.2000-3234 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES--ORDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS-ORDINANCE NO. 2003-3389. • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494 • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS—ORDINANCE NO. 2011-3747. • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE- CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES—ORDINANCE NO. 2011-3748. • CODE OF BUSINESS ETHICS--RESOLUTION NO. 2000-23879. All questions or requests for clarifications must be received by the procurement contact named above no later than ten (10)calendar days prior to the scheduled RFP due date. The City Clerk, rafaelgranado @miamibeachfl.gov, must copied on any question or comment submitted in response to this RFP.All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Alex Denis, CPPO Procurement Director f m f'O1 A U^ I BEACH SECTION I.OVERVIEW AND PROPOSAL PROCEDURES A. INTRODUCTION 1 BACKGROUND The City of Miami Beach is seeking a solution to automate its current City Commission agenda preparation process. It is desired that the proposed system provide an automated workflow to prepare,track,modify and monitor the progress of individual items for a specific agenda date. After review by appropriate persons, the system should allow for easy assembly of the documents into a single cohesive agenda packet for publication.The system should provide an ability to easily audit individual items to determine the modifications made by reviewers to the original document, and provide flags for items that have not been reviewed in the process. Integration with the City's existing Microsoft Exchange e-mail system will allow for notification a-mails at specific milestones in the processing of items. The system must provide for paper and paperless distribution of agenda packets(iPad,web or smartphone)and paperless meetings,and to support other legislative bodies, boards and Commission Committees. City personnel and he public must be able to search meeting agendas, minutes/after-actions and associated documents simultaneously.The system must also provide the capability to prepare meeting minutes/after-actions(records motions,votes,etc.).The selected vendor must provide"basic"training and/or"advanced"training to selected users. The City is seeking a total solution that addresses the needs outlined in this RFP, vendors may not respond a la cart to items identified in this proposal. B. RFP TIMETABLE The tentative schedule for this RFP is as follows: RFP Issued October 31,2013 Pre-Proposal Meeting November 15,2013 Deadline for Receipt of Questions November 18,2013 Proposals Due November 28,2013 Evaluation Committee Review December 12,2013 Tentative Commission Approval Authorizing Negotiations January 2014 Contract Negotiations Following Commission Approval C. PROPOSAL SUBMISSION DUE DATE An original and ten (10)copies of complete Proposals, plus one electronic copy(CD or flash drive), must be received no later than 3:00 p.m.on the dated stated in Section 1(B),at the following address: City of Miami Beach City Hall Procurement Division--Third Floor 1700 Convention Center Drive Miami Beach,Florida 33139 The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted with the Proposer's name,address,and RFP number and title. No facsimile,electronic,or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE,WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER.THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL,COURIER SERVICE,OR BY ANY OTHER ENTITY OR OCCURRENCE. ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting will be held on the date noted in Section 1(B) at 10:00 a.m.at the following address: City of Miami Beach City Hall — 4th Floor, Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida 33139. Proposer should confirm date and time of meeting with contracting officer named in this RFP. 4 1 RFP 2014-001 MF,Electronic Agenda System m r,MIIA '1l BEACH Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1)Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2)Enter the MEETING NUMBER: 1142644 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFP expressing their intent to participate via telephone. E. CONTACT INFORMATION Contact: Telephone: Email: MARTA FERNANDEZ-RUBIO 305-673-7000,Extension 6263 MartaFernandezRubio@miamibeachfi.gov Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City Clerk's Office at Rafael Gran ado(a)m i am i beachfl.gov,no later than the date specified in the RFP timetable. F. RESPONSE TO QUESTIONS&ADDENDUM TO RFP The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations,statements,or explanations (whether verbal or written),other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. G. CONE OF SILENCE Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral communications between the proposer, or their representatives and 1)the Mayor and City Commissioners and their respective staff; or 2) members of the City's Administrative staff(including but not limited to the City Manager and his staff);or 3)Evaluation Committee members, is prohibited. H. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date,and letters of withdrawal received after contract award will not be considered. I. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel,at any time,this RFP process;or waive any irregularities in this RFP,or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility(and shall be at the sole cost and expense)of the Proposer,and shall not be reimbursed by the City. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City,at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). L. FLORIDA PUBLIC RECORDS LAW Proposers are hereby notified that all Proposals including,without limitation,any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty(30)days after opening of the Proposals,whichever is earlier. 5 1 RFP 2014-001 MF,Electronic Agenda System ® BEACH M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding,the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to;approved by the City;and executed by the parties. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's proposal protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No.2002-3344 shall be barred. 0. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations,and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act,the EEOC Uniform Guidelines,and all EEO regulations and guidelines). Ignorance of the law(s)on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member(spouse, parent, sibling,and child)who is also an employee of the City of Miami Beach. Further,all Proposers must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary,to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements,and/or failure to make such evaluations,investigations,and examinations,will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract,and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree,that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work,may not submit proposals on leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,sub-contractor,or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec.287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including,without limitation,disqualification of their Proposals,in the event of such non-compliance. V. CONE OF SILENCE This RFP is subject to,and all Proposers are expected to be or become familiar with,the City's Cone of Silence requirements, as codified in Section 2486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. 6 1 RFP 2014-001 MF,Electronic Agenda System m 1VM/,v11 BEACH W. DEBARMENT ORDINANCE This RFP is subject to,and all Proposers are expected to be or become familiar with,the City's Debarment Ordinance(as adopted pursuant to Ordinance No.200-3234,and as codified in Sections 2-397 through 2-406 of the City Code). X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to,and all Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals,in the event of such non-compliance. Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. Z. AMERICAN WITH DISABILITIES ACT(ADA) Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000,Extension 2984. AA. ACCEPTANCE OF GIFTS,FAVORS,SERVICES Proposers shall not offer any gratuities,favors,or anything of monetary value to any official,employee,or agent of the City,for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift,favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. BB. DETERMINATION OF AWARD The final ranking results of Step 1 &2 outlined in Section V, Evaluation of Proposals,will be considered by the City Manager who may recommend to the City Commission the proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369,including the following considerations: (1)The ability,capacity and skill of the proposer to perform the contract. (2)Whether the proposer can perform the contract within the time specified,without delay or interference. (3)The character,integrity,reputation,judgment,experience and efficiency of the proposer. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option,reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City,or it may also reject all Proposals.Upon approval of selection by the City Commission, negotiations between the City and the selected Proposer(s)will take place to arrive at a mutually acceptable Agreement. SECTION II—MINIMUM QUALIFICATIONS REQUIREMENTS In order to be considered,Proposers shall provide evidence of the following minimum requirements: 1. Proposer must have references in the government market(minimum of three(3)successfully completed automated agenda management projects). 2. Software must be ADA compliant. 3. Software must be PCI compliant. 4. Proposed solution must be hosted by third-party and web-enabled. SECTION III—SCOPE OF SERVICES Desired Qualifications of proposer: 1. At least five years of automated agenda management experience with similar projects. 2. Single system developed and supported by a sole vendor offering all elements necessary to meet the requirements outlined in this RFP. 3. Offer a scalable solution to meet expanding needs of the City of Miami Beach over time. 4. Experience with integrating the proposed solution with third party applications to maximize usefulness of the proposed solution. 7 RFP 2014-001 MF,Electronic Agenda System i ® iV\1AN;1 BEACH Following is a list of the City's functional features requested for the automated agenda management system: Item Preparation by Department 1. Login security should use the user's Windows account ID and password,seamlessly for an auto login capability. 2. Provide standard Word templates for drafting staff reports,resolutions and ordinances. 3. Agenda templates should include preloaded drop-down designations, and an option to edit these designations (e.g. minimize manual data entry using feature such as drop-down tables,type-ahead,check,boxes,auto populate,etc.) 4. Agenda templates should include a checklist of standard items, including roll call, public hearings, voting requirements, presentations,etc.As needed,the checklist of standard items can be edited and amended by authorized users. 5. Provide for spell check. 6. Allow attachment of files in various formats and from various drives and locations(e.g.Laserfiche repository). 7. Create electronic versions of paper documents for item submittal. 8. Provide for inter-departmental review in the workflow prior to item submittal. 9. Allow an unlimited number of meetings to be added and managed by the system. 10. Ability to accommodate a meeting within a meeting(e.g.executive session,redevelopment agency,etc.). 11. Ability to support simultaneous multiple-user access to all components of the agenda. Item Submittal by Department 12. Use for multiple meeting bodies(e.g.City Commission,City Commission Committees,boards or Committees). 13. Use for multiple meeting types(e.g.regular meeting,special meeting,workshops)for a meeting body. 14. Allow advance scheduling of items(e.g.submit title only for a future agenda). 15. Allow scheduling of recurring items. 16. Provide a central point for handling and documenting tasks relating to an item(e.g. send a notice of public hearing for publication 30 days before the meeting, submit a PowerPoint for presentation during a meeting, publish a notice to proposer s after the City Commission adopts plans and specifications). 17. Provide for simple and user-friendly interface for submitting items. 18. Allow user to modify an item offline. 19. Allow input of follow-up instructions for use after meeting. 20. Enforce submittal deadline. 21. Submit supplemental and addendum materials for agenda items(e.g.submit a revised staff report for review after the agenda was published but before the meeting,submit public comments received up to time of meeting). 22. No limit in the type of electronic files that can be attached. These file types include at least text, graphics, word processing applications, spreadsheets, acrobat, HTML, and photos and other images. Digital media such as visual files should also be supported.(TIFF,JPEG,MPEG,GIF, PDF, BMP,PNG, Pict,AVI). 23. Allow agenda items to be moved with all associated attachments from one agenda to another. Workflow Design 24. Customize workflow(serial or parallel)specific to each meeting body(e.g.,the agenda creation follows the City-defined workflow). 25. Allow reviewers to modify/override workflow(e.g.return item to department,forward to person not in standard workflow). 26. Allow assignment of delegates/backups for out-of-office reviewers(e.g.reviewer assigns a delegate during vacation). 27. Route items to reviewers automatically. 28. Restrict access to items being reviewed. 29. Program key dates for tasks. 30. Allow insertion of documents to any step of the workflow. 31. Allow the withdrawal of document to any step of the workflow. 32. Allow the withdrawal of an agenda item from the workflow. 33. Allow deadlines to be set based on meeting date,response time,etc. 34. The workflow should allow routing to be determined automatically based on information gathered during the flow process. 35. Automatically renumbers agenda items when editing. 36. Allows for future redesigns of workflow. Notification 37. Use email to notify departmental reviewers during item preparation phase. 38. Use email to notify City Clerk/Agenda Coordinator upon item submittal. 39. Use email to notify reviewers to review items. 40. Use email to send reminders to appropriate staff to facilitate workflow(e.g., reviewer receives message to review an item after a number of days). 41. Customize notification messages specific to the task(e.g. Budget Director receives message to review financial information for an item at provided hyperlink). 8 1 RFP 2014-001 MF, Electronic Agenda System I ® iVd x,',A1 BEACH 42. Customize notifications during review process (e.g., item submitters can opt to receive notifications on the status of an item at each step or after approval for agenda). 43. Notify administrator if a reviewer or delegate in a defined workflow is no longer in Active Directory. 44. Allow for escalation and notifications based on deadlines. 45. Ability to track the status of each agenda. Review and Approval 46. Show comments and track changes on documents in different file types. 47. Document approvals on final items(e.g.insert an approval code,apply an electronic or digital signature). 48. Allow reviewers to see pending items for review,and allow the user to decide which items they would like to access. 49. Ability to see the status of any item and graphically view where it is at in the workflow process at any given point. 50. Provide automatic notification when a document is revised. 51. Support electronic signatures. Monitoring and Tracking 52. Allow users to see status of submitted items by department,meeting date,etc. 53. Allow users to see preliminary meeting agenda. 54. Allow Clerk/Agenda Coordinator to move an item from one meeting to another. Publication 55. Allow moving items on agenda prior to publication. 56. Allow drafts to be created. 57. Allow flexible reformatting of the document,such as font,indentation,numbering,order of items,etc. 58. Allow pending items to be placed on the agenda. 59. Capability to allow versioning of agendas and agenda items;allows process steps such as draft,revision and final agenda. 60. Assemble all items with different file types into a final agenda packet. 61. Automatically converts all documents to PDF(OCR version)for printing and website publication. 62. Link agenda item title on short agenda to item in agenda packet. 63. Insert page numbers. 64. Works with the City's print shop equipment to allow the insertion of tabs and blue pages separating agenda items for paper agendas. 65. Amend an agenda after publication(e.g.add an item to a published agenda). 66. Publish automatically to multiple locations(e.g.website,Laserfiche repository). 67. Publish to different media for distribution(e.g.iPad). 68. Notify interested parties when certain subjects are on the agenda. 69. Ability to download the agenda and all associated backup material as individual items. 70. Have the ability to download a copy of a meeting with all the supporting material to a folder providing for easy off-line access. 71. Provide public access,via the internet,to arch ivallhistorical information,such a meeting minutes/after-actions,motions and votes. 72. Provide the ability to download the agenda to any mobile device such as iPad or smartphone. 73. Ability to notify Commissioners,board members and the public of agenda and packet availability. 74. Ability to automatically notify the public when changes are made to an individual agenda item. 75. Ability to create a table of content for the agenda. 76. Provide bookmarks in the PDF agenda packet to allow users to jump to relevant items in the packet. 77. Ability to convert the final agenda to PDF and Word files. Meeting Minutes/After-Action 78. Real-time record of roll call and voice votes. 79. Real-time record of notes. 80. Allow Clerk's staff to enter multiple motions for a single item,including substitute motions. 81. Ability to choose whether electronic voting is used. 82. Ability to vote per individual item or entire agenda sections,such as Consent Agenda. Follow-up and Research 83. Provides post meeting capability for tracking,numbering and signing of documents. 84. Notify staff regarding actions following meeting(e.g.notify selected staff members about the City Commission action on an item). 85. Notify staff regarding tasks following meeting(e.g. notify item originator to submit a notice for publication, notify item originator to submit original agreement to the City Clerk after obtaining signature from the outside party). 86. Maintains and makes available history of all agenda items. 87. Allows users to search and access past items by keywords,dates,project manager,etc. 88. Provides the capability to prepare meeting minutes/after-actions(records motions,votes,etc.). 9 1 RFP 2014-001 MF,Electronic Agenda System ® �Al AJN,,Ad BEACH 89. Provide the capability to prepare meeting notes(e.g., the offline agenda version should allow each user to make notes for each agenda item;the proposed solution should provide the ability to make notes on agenda items on mobile devices.). 90. Provide for search of agenda items,full text or metadata. 91. Ability to OCR documents in order to allow search of text within documents. 92. Ability to print any search result. 93. Allow searches by date and/or within date ranges. 94. Support grouping and searching documents based on metadata content. 95. Search on agenda titles,agenda content,supporting materials content,supporting material annotations. 96. Public can search meeting agenda,minutes/after-actions and associated documents simultaneously. 97. Return a list of all search results with links to the agenda item and supporting documents within the respective agenda. 98. Ability to search for records related to vote(e.g.,how many time a Commissioner/Mayor voted Yes,No,abstained,etc.) 99. Ability to search for records regarding meeting attendance(list meetings in which a Commissioner/Mayor was absent). 100. Ability to use workflow post meeting for tracking,numbering and signing of documents. Document Management 101. Prepare follow-up legislative documents from files submitted with item. 102. Export selected files to Laserfiche for archive. Reports 103. Generate calendar of scheduled items on future agendas by date range,department,etc. 104. Generate statistical and performance reports (e.g. tabulation of agenda items for reimbursement claims, tabulation of agenda items by departments for cost allocation studies,and other reports). 105. Ability to support flexible user-friendly query capability based on user-defined criteria. 106. Ability to export reports to Microsoft Excel and Word. 107. Ability to print reports. System Technology 108. Software should have a sharepoint interface capability. 109. Single Sign-On through Active Directory Services. 110. Able to integrate with Microsoft Exchange. 111. Ability to integrate with electronic document management systems for seamless depositing of final agendas into the archive (currently running Laserfiche/Weblink). 112. Ability to integrate with Folio system currently utilized by the City. 113. Allow third party reporting tool to access database for ad hoc queries and reporting. 114. Provides user-dependent views/security based on role. 115. Provide adequate security to safeguard documents,processes and existing data from non-administrative users. 116. Ability for system/database to be hosted locally on company's network. 117. Technical support provided with software. 118. Upgrades included in the maintenance price. 119. Ability of system to time out users due to inactivity of their client connection(admin configurable time limits). 120. Ability of system to lock files as they are edited to avoid revision contention issues. 121. Allow off-line editing/reviewing of documents to be later resynchronized and resume workflow 122. Allow remote access. System Support 123. Software support should be available and provided by the vendor via a telephone hot line backed up by a minimum of three support personnel available and a complete line of computer hardware to be able to test and re-create any software situation. 124. Software support must be available during the City's"normal" business hours, which are Monday-Friday, 8:00 a.m.-5:00 p.m., Eastern Standard Time,with access to support personnel after hours and on weekends. It is desired that any user have access to support personnel for questions. 125. Provide end user training options(both initial and follow-up). 126. Provide administrator-training options(both initial and follow-up). 10 1 RFP 2014-001 MF, Electronic Agenda System m N'1i ' d BEACH SECTION IV—PROPOSAL FORMAT In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be presented in a three (3) ring binder and should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that are received late or do not include the required information will be deemed non-responsive and will not be considered. Minimum Eligibility Requirements Submit detailed verifiable information affirmatively documenting compliance with minimum eligibility requirements established in Section II. Ex erience&Qualifications. Qualifications of Proposing Firm.Describe experience and qualifications of the Proposer in performing the services sought in this RFP or a related business,including: • Firm History&Prior Experience • Documentable,proven track record of providing the scope of services similar as identified in this solicitation. • Experience in providing similar scope of services to public sector agencies. • Financial capacity to perform services outlined in the RFP including, but not limited to, Dun &Bradstreet Supplier Qualification Reports, latest annual reviewed/audited financial statements with the auditors notes. The City reserves the right to require additional information to determine financial capability. D&B REPORTS. The prospective Provider shall pay D&B to send the Supplier Qualifier Report (SQR) to the prospective Provider and the Department through electronic means.The cost of the preparation of the D&B report shall be the responsibility of the prospective Provider.The prospective Provider shall request the report from D&B at https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 In addition to the D&B information, the City may require proposers shall submit financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. Such statements should include, as a minimum, balance sheets(statements of financial position)and statements of profit and loss(statement of net income).When the submittal is from a co venture,each Proposers involved in the co venture must submit financial statements as indicated above. Qualifications of Proposer Team.Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education,experience, and any other pertinent information,shall be included for each Proposal team member to be assigned to this contract. Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. Through the information provided in Appendix A,proposer's financial capacity,litigation history,past performance,as well as other factors, may be assessed. -Scope of Services Proposed Submit the following documentation: 1.Detailed information on Proposed solution(s); 2.Completed Minimum Requirements and Systems Features Checklist(Appendix B). MM,_A noroach and Methodology Submit detailed information on how proposer plans to accomplish the required scope of services, including detailed information, as applicable,on: 1.Approach and methodology to project implementation; 2.Project timeline and any other factor that may impact the successful completion of the project. Cost Proposal Submit completed and executed Cost Proposal(Appendix C). 11 I RFP 2014-001 MF, Electronic Agenda System ® N IA1,A1 BEACH SECTION V—EVALUATION 1 SELECTION PROCESS The procedure for response,evaluation and selection will be as follows: 1. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFP. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee.The evaluation of proposals will proceed in a two-step process. 2. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee.The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. Step 1 Evaluation. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1,Qualitative Criteria. In doing so,the Evaluation Committee may: a. Review and score all proposals received,with or without conducting interview sessions;or b. Review all proposals received and short-list one or more proposers to be further considered during subsequent interview session(s)(using the same criteria). Step Qualitative Criteria Maximum Points Proposer Experience and Qualifications,including Financial Capability 20 Scope of Services Proposed 40 Approach and Methodology 20 TOTAL . . . e s POINTS o 3. Step 2 Evaluation. Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to be added by the Department of Procurement Management to those points earned in Step 1,as follows. Quantitative Cost Proposal 20 Local and Veterans Preference Miami Beach-Based Vendor 5 Veterans and State-Certified Service-Disabled Veteran 5 Business Enterprises TOTAL POINTS 4. The cost proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Cost Vendor Vendor Example Maximum Formula for Calculating Points Total Points Cost Allowable Points (lowest cost 1 cost of proposal being Awarded Proposal evaluated X maximum allowable points=awarded points) Round to Vendor A 1 $100.00 L 20 $1001$100 X 20=20 20 Vendor B $150.00 20 $1001$150 X 20=13 13 Vendor C $200.00 20 $1001$200 X 20=810 10 5. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: 12 1 RFP 2014-001 MF, Electronic Agenda System m iWAMIBEACH Step 1 Points 82 76 80 Step 2 Points* 22 15 12 Committee Total 104 91 92 Member 1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points* 22 15 12 Committee Total 101 100 84 Member 2 Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points* 22 15 1 12 Committee Total 102 89 78 Member 2 Rank 1 2 3 Aggregate Low Final Ranking' 1 3 *Step 2 Points calculated by DPM. **Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission.Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission. BY SUBMITTING A PROPOSAL,ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID EVALUATION/SELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH PARTIES. 13 1 RFP 2014-001 MF,Electronic Agenda System ® N IA;,0%iBEACH SECTION VI-SPECIAL TERMS AND CONDITIONS: INSURANCE REQUIREMENTS The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 311 Floor, Miami, Florida 33139, Certificate(s)of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. 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 "B" as to management, and no less than "Class W as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey,or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest"List of All Insurance Companies Authorized or Approved to Do Business in Florida"issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty(30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE 3RD FLOOR MIAMI BEACH, FL 33139 Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 14 1 RFP 2014-001 MF,Electronic Agenda System ® lVA1 AP-,'I BEACH recommendation to the City Manager on the selection of short- SECTION VII—GENERAL CONDITIONS listed proposer (s) who the City Manager, at his or her discretion, may present to the City Commission for 1. GENERAL TERMS AND CONDITIONS.It is the responsibility of the consideration and final award. Proposer to become thoroughly familiar with the Proposal o. Successful Proposer—shall mean the Proposer(s)recommended requirements, terms and conditions of this solicitation. Ignorance by for award. the Proposer of conditions that exist or that may exist will not be p. Term Applicant — shall mean an individual, partnership, or accepted as a basis for varying the requirements of the City, or the corporation, which submits an application in response to this compensation to be paid to the Proposer. solicitation. 2. DEFINITIONS.The following words,terms and phrases,when used, q. Responsible Proposer:A proposer who is qualified,as determined shall have the meanings ascribed to them except where the context by the City,on the basis of the following criteria: clearly indicates a different meaning. • Whether the proposer can perform the contract within the time a. Proposal—shall refer to any offer(s)submitted in response to specified,without delay or interference. this solicitation. • The character,integrity,reputation,judgment,experience and b. Proposer /Contractor/Offeror — Any individual, firm, or efficiency of the proposer. corporation submitting a proposal for this Project acting directly 0 The quality of performance of previous contracts. or through a duly authorized representative. C The previous and existing compliance by the proposer with C. Proposal Solicitation — shall mean this solicitation laws and ordinances relating to the contract. documentation,including any and all addenda. r. Responsive Proposer -A proposer whose submittal is determined d. Proposal Submittal Form—defines the requirement of items to by the City to be in conformance with the conditions, requirements, be purchased, and must be completed and submitted with and specifications detailed in the specifications. Proposal. The Proposer should indicate its name in the S. Vendor-a person and/or entity,which has been selected by the City appropriate space on each page. as the successful proposer on a present or pending proposal for e. City—shall refer to City of Miami Beach,Florida goods,equipment or services,or has been approved by the City on a f. City Commission-City Commission shall mean the governing present or pending award for goods,equipment or services,prior to or and legislative body of the City. upon execution of a contract,purchase order or standing order. g. City Manager - City Manager shall mean the Chief For additional information about on-line vendor enrollment or Administrative Officer of the City. vendor pre-qualification, please contact Procurement at 1700 h. Comparable Facility -A facility that, when considering size, Convention Center Drive,Miami Beach,FL 33139;Phone 305-673- use, revenue, and other applicable criteria, is similar to the 7490.Or email: Miami Beach Convention Center(MBCC) which includes 1.2 procurementaAmiamibeachfl.Qov Vendors can register with the million gross square foot facility averaging a minimum of$6 City by going to the website:www.miamibeachfl.gov and click on million in annual gross food and beverage sales. Procurement under City Departments. i. Controlling Financial Interest-means the ownership,directly or indirectly,of 10%or more of the outstanding capital stock in 3. PRICES QUOTED.Deduct trade discounts and quote firm net prices. any corporation or a direct or indirect interest of 10%or more in Give both unit price and extended total,when requested. Prices must a firm. be stated in units of quantity specified in the proposalding j. Domestic Partner:The term Domestic Partner shall mean any specifications. In case of discrepancy in computing the amount of the two(2)adults of the same or opposite sex,who have registered proposal, the UNIT PRICE quoted will govern. .All prices must be as domestic partners with a government body pursuant to state F.O.B.destination,freight prepaid(unless otherwise stated in Special or local law authorizing such registration, or with an internal Conditions). Discounts for prompt payment;The Proposer may offer registry maintained by the employer of at least one of the cash discounts for prompt payments;however,such discounts will not domestic partners.A Contractor may institute an internal registry be considered in determining the lowest price during proposal to allow for the provision of equal benefits to employees with evaluation. Proposers are requested to provide prompt payment domestic partner who do not register their partnerships pursuant terms in the space provided on the Proposal submittal signature page to a governmental body authorizing such registration,or who are of the solicitation. Award, if made, will be in accordance with terms located in a jurisdiction where no such governmental domestic and conditions stated herein. Each item must be proposal separately, partnership exists. and no attempt is to be made to be any item or items in with any other k. Enrolled Vendor—shall refer to a firm that has completed the item or items. Cash or quantity discounts offered will not be a City of Miami Beach Pre-Qualification process and has satisfied consideration in determination of award of proposal(s). all requirements to enter into a business agreement with the 4. TAXES.The City of Miami Beach is exempt from all Federal Excise City. I. Evaluation Committee-A committee of individuals appointed and State taxes. by the City Manager that may include City personnel,residents, 5. MISTAKES. Proposers are expected to examine the specifications, industry experts and other individuals whose purpose is to delivery schedules, proposal prices, and extensions, and all evaluate the proposals received in response to this RFP and instructions pertaining to supplies and services. Failure to do so will who may make a non-binding recommendation to the City be at the proposer's risk and may result in the proposal being non- Manager on the selection of a short-list of proposer(s)who the responsive. City Manager,at his or her discretion, may present to the City Commission for consideration and, if approved by the City 6. CONDITION AND PACKAGING.Proposer guarantees items offered Commission,who may be further considered during the contract and delivered to be the current standard production model at time of negotiation phase. proposal and shall offer expiration dating of at least one year or later. m. Firm-means a corporation,partnership,business trust or any Proposer also guarantees items offered and delivered to be new, legal entity other than a natural person. unused,and free from any and all defects in material,packaging and n. Negotiation Team •A committee of individuals appointed by workmanship and agrees to replace defective items promptly at no the City Manager that may include City personnel, residents, charge to the City of Miami Beach, for the manufacturer's standard industry experts and other individuals whose purpose is to warranty but in no case for a period of less than 12 months from date negotiate a contract, after City Commission has approved a of acceptance. All containers shall be suitable for storage or short-list of proposer (s), and who may make a non-binding shipment,and all prices shall include standard commercial packaging. 15 RFP 2014-001 MF,Electronic Agenda System ® Av"I.A,Mi::BEACH 7. UNDERWRITERS' LABORATORIES.Unless otherwise stipulated in proposer's name. Failure of the proposer to either deliver required the Proposal,all manufactured items and fabricated assemblies shall samples,or to clearly identify samples may be reason for rejection of be U.L. listed or re-examination listing where such has been the proposal.Unless otherwise indicated,samples should be delivered established by U.L.for the item(s)offered and furnished. to the Procurement Division, 1700 Convention Center Drive, Miami 8. CITY'S RIGHT TO WAIVE OR REJECT PROPOSALS. The City Beach,FL 33139. Commission reserves the right to waive any informalities or 17. DELIVERY.Unless actual date of delivery is specified(or if specified irregularities in this Proposal;or to reject all proposals,or any part of delivery cannot be met), show number of days (in calendar days) any proposal, as it deems necessary and in the best interest of the required to make delivery after receipt of purchase order, in space City of Miami Beach. provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using 9. EQUIVALENTS.If a proposer offers makes of equipment or brands of Department, Monday through Friday, excluding holidays. Receiving supplies other than those specified in the Proposal specifications,he hours are Monday through Friday,excluding holidays,from 8:30 A.M. must so indicate in his proposal. Specific article(s) of to 5:00 P.M. equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. 18. INTERPRETATIONS. Any questions concerning the Proposal 10. The proposer shall indicate in the Proposal Form the manufacturer's conditions and specifications should be submitted, in writing, to the name and number if proposing other than the specified brands,and City's Department of Procurement Management (DPM) 1700 shall indicate ANY deviation from the specifications as listed in the Convention Center Drive, Miami Beach, FL 33139.or facsimile: 786- Proposal. Other than specified items offered requires complete 394-4075. descriptive technical literature marked to indicate detailed 19 LATE SUBMISSION.All proposals received after the date,time,and conformance with specifications, and MUST BE INCLUDED WITH THE PROPOSAL. NO PROPOSALS WILL BE CONSIDERED place specified in the Proposal, will be returned to the proposer WITHOUT THIS INFORMATION. unopened,and will not be considered.The responsibility for submitting 11. Lacking any written indication of intent to quote an alternate brand or proposals before the stated time and date is solely the responsibility of model number, the proposal will be considered as a proposal in the proposer. The City will not be responsible for delays caused by complete compliance with the Proposal specifications. mail, courier service, or any other entity or occurrence. Facsimile, 12. Note as to Brand Names:Catalog numbers,manufacturers'and brand electronic,or a mailed proposals will not be accepted. names, when listed, are informational guides as to a standard of 20. INSPECTION, ACCEPTANCE&TITLE. Inspection and acceptance acceptable product quality level only and should not be construed as will be at destination, unless otherwise provided. Title to(or risk of an endorsement or a product limitation of recognized and legitimate loss or damage to) all items shall be the responsibility of the manufacturers. Proposer s shall formally substantiate and verify that successful proposer until acceptance by the City, unless loss or product(s) offered conform with or exceed quality as listed in the damage results from the gross negligence or willful misconduct of the specifications. City. 13. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of 21. If any equipment or supplies supplied to the City are found to be this solicitation that before, during, and after a public emergency, defective,or do not conform to the specifications,the City reserves the disaster,hurricane,tornado,flood,or other acts of force majeure that right to cancel the order upon written notice to the seller,and return the City of Miami Beach,Florida shall receive a"First Priority"for any the product,at the proposer's expense. goods and services covered under any award resulting from this solicitation,including balance of line items as applicable. It is vital and 22. PAYMENT. Payment will be made by the City after the items have imperative that the majority,of citizens are protected from any been received, inspected, and found to comply with Proposal emergency situation that threatens public health and safety, as specifications,free of damage or defect,and properly invoiced. determined by the City. By virtue of submitting a response to this 23. DISPUTES. In case of any doubt or difference of opinion as to the solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority"under the emergency conditions items and/or services(as the case may be)to be furnished hereunder, noted above. the decision of the City shall be final and binding on all parties. 14. NON-CONFORMANCE TO CONTRACT CONDITIONS.Items may be 24. LEGAL REQUIREMENTS.The proposer shall be required to comply tested for compliance with specifications. Items delivered, not with all federal, State of Florida, Miami-Dade County, and City of conforming to specifications, may be rejected and returned at the Miami Beach codes, laws, ordinances, and/or rules and,regulations proposer's expense. These items,as well as items not delivered as that in any manner affect the items covered herein (collectively, per delivery date in proposal and/or purchase order, may be Applicable Laws). Lack of knowledge or ignorance by the proposer purchased by the City, at its discretion, on the open market. Any with/of Applicable Laws will in no way be a cause for relief from increase in cost may be charged against the proposer. Any violation responsibility. of these stipulations may also result in the proposer's name being 25. PATENTS&ROYALTIES. The proposer shall indemnify and save removed from the City's vendor list. harmless the City of Miami Beach,Florida,and its officers,employees, 15. PRODUCT INFORMATION. Product literature, specifications, contractors, and/or agents, from liability of any nature or kind, and technical information, including Manufacturer's Safety Data including cost and expenses for, or on account of, any copyrighted, Sheets (MSDS) should be provided with this proposal as an patented,or unpatented invention,process,or article manufactured or attachment to the"PROPOSAL FORM".However,in all cases must be used in the performance of the contract,including its use by the City of provided within five(5)calendar days upon request from Purchasing Miami Beach, Florida. If the proposer uses any design, device or Agent. materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices 16. SAMPLES. Proposals submitted as an "equal" product must be shall include all royalties or cost arising from the use of such design, accompanied with detailed specifications. Samples of items, when device,or materials in any way involved in the work. required,must be furnished free of expense and,if not destroyed,will, 26. OSHA.The proposer warrants to the City that any work, services, upon request,be returned at the proposer's expense. Proposer s will supplies, materials or equipment supplied pursuant to this Proposal be responsible for the removal of all samples furnished within (30) shall conform in all respects to the standards set forth in the days after proposal opening. All samples will be disposed of after Occupational Safety and Health Act of 1970, as amended, and the thirty (30) days. Each individual sample must be labeled with the failure to comply with this condition will be deemed breach of contract. 16 RFP 2014-001 MF, Electronic Agenda System ® 101A NV BEACH Any fines levied because of inadequacies to comply with this condition City department. shall be borne solely by the proposer. 36. SUBSTITUTIONS.The City WILL NOT accept substitute shipments of 27. MANNER OF PERFORMANCE. Proposer agrees to perform its any kind. The proposer is expected to furnish the brand quoted in its duties and obligations in a professional manner and in accordance proposal. Any substitute shipments will be returned at the proposer's with all applicable Local, State, County, and Federal laws, rules, expense. regulations and codes. Proposer agrees that the services provided shall be provided by employees that are educated, trained, 37. FACILITIES.The City,through its City Manager or his/her authorized experienced, certified,and licensed in all areas encompassed within designee,reserves the right to inspect the proposer's facilities at any their designated duties. Proposer agrees to furnish to the City any time,upon reasonable prior written or verbal notice. and all documentation,certification, authorization, license, permit, or 38. PROTEST. In the event a prospective proposer wishes to protest any registration currently required by applicable laws, rules, and part of the General Conditions, Special Conditions and/or Technical regulations. Proposer further certifies that it and its employees will Specifications contained in this it must file a notice of protest in writing keep all licenses,permits,registrations,authorizations,or certifications to the Procurement Director,with a copy to the City Clerk,at least ten required by applicable laws or regulations in full force and effect during (10) business days prior to the Proposal opening date and hour the term of this contract. Failure of proposer to comply with this specified in the solicitation. Any proposer , who has a substantial paragraph shall constitute a material breach of this contract. interest in, and is aggrieved in connection with the solicitation or 28. SPECIAL CONDITIONS.Any and all Special Conditions that may vary proposed award may protest to the City Manager or his or her from these General Terms and Conditions shall have precedence. designee anytime until two(2)business days following the release of the City Manager's written recommendation to the City Commission, 29. ANTI-DISCRIMINATION. The proposer certifies that he/she is in as same is set forth and released in the City Commission agenda compliance with the non-discrimination clause contained in Section packet,for award of the proposal in question in accordance with City 202,Executive Order 11246,as amended by Executive Order 11375, of Miami Beach Ordinance No. 2002-3344, which establishes relative to equal employment opportunity for all persons without regard procedures for proposal protests and which can be found on the to race,color,religion,sex or national origin. Procurement website. Failure to file a timely notice of protest will 30. AMERICAN WITH DISABILITIES ACT. To request this material in constitute a waiver of proceedings. accessible format,sign language interpreters, information on access 39. CLARIFICATION AND ADDENDA TO PROPOSAL for persons with disabilities,and/or any accommodation to review any SPECIFICATIONS:If a proposer is in doubt as to the true meaning of document or participate in any city-sponsored proceeding, please the Proposal specifications,or other Proposal documents,or any part contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 thereof, the proposer must submit to the City, at least ten (10) (TTY)five days in advance to initiate your request. TTY users may calendar days prior to the scheduled Proposal opening date,a request also call 711(Florida Relay Service). for clarification. NO QUESTIONS WILL BE RECEIVED VERBALLY 31. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where OR AFTER SAID DEADLINE. proposer s are required to enter or go on to City of Miami Beach 40. Any interpretation of the Proposal, including, without limitation, property to deliver materials or perform work or services as a result of responses to questions and request for clarification(s)from proposer the Proposal,the proposer will assume the full duty,obligation and s, will be made only by Addendum duly issued by the City. In the expense of obtaining all necessary licenses,permits,and insurance, event of conflict with the original specifications,the Addendum shall and assure all work complies with all Applicable Laws.The proposer supersede such specifications, to the extent specified. Subsequent shall be liable for any damages or loss to the City occasioned by Addendum shall govern over prior Addendum only to the extent negligence of the proposer , or his/her officers, employees, specified.The proposer shall be required to acknowledge receipt of contractors,and/or agents,for failure to comply with Applicable Laws. any and all Addendum, and filling in and signing in the spaces 32. PROPOSAL BONDS,PERFORMANCE BONDS,CERTIFICATES OF provided in section 5.0, Acknowledgements/Affidavits. Failure to INSURANCE.Proposal Bonds,when required,shall be submitted with acknowledge Addendum may deem a proposal non-responsive. the proposal in the amount specified in the Special Conditions. After 41. The City will not be responsible for explanations, interpretations, or acceptance of the proposal,the City will notify the successful proposer answers to questions made verbally or in writing by any City to submit a performance bond and certificate of insurance in the representative,unless issued by the City via formal written Addendum amount specified in the Special Conditions. to this Proposal. 33. DEFAULT.Failure or refusal of a proposer to execute a contract upon 42. Any questions or clarifications concerning the Proposal shall be award,or withdrawal of a proposal before such award is made,may submitted in writing to the Department of Procurement Management result in forfeiture of that portion of any proposal surety required as (DPM) 1700 Convention Center Drive,Miami Beach,FL 33139 with a liquidated damages incurred by the City thereby;or,where surety is copy to the City Clerk not required,failure to execute a contract as described above may be 43. DEMONSTRATION OF COMPETENCY. grounds for removing the proposer from the City's proposer s list. 44. Pre-award inspection of the proposer's facility may be made prior to 34. CANCELLATION.In the event any of the provisions of this Proposal the award of contract. are violated by the proposer,the City shall give written notice to the 45. Proposals will only be considered from firms which are regularly proposer stating such deficiencies and,unless such deficiencies are engaged in the business of providing the goods and/or services as corrected within ten (10) calendar days from the date of the City's described in this Proposal. notice,the City,through its City Manager,may declare the contract in 46. Proposer s must be able to demonstrate a good record of default and terminate same, without further notice required to the performance for a reasonable period of time, and have sufficient proposer. Notwithstanding the preceding, the City, through its City financial capacity,equipment,and organization to ensure that they can Manager,also reserves the right to terminate the contract at any time satisfactorily perform the services if awarded a contract under the and for any reason,without cause and for convenience,and without terms and conditions of this Proposal. any monetary liability to the City, upon the giving of thirty(30)days 47. The terms"equipment and organization",as used herein shall, prior written notice to the proposer. be construed to mean a fully equipped and well established company 35. BILLING INSTRUCTIONS.Invoices,unless otherwise indicated,must in line with the best business practices in the industry, and as determined by the City of Miami Beach. show purchase order numbers and shall be submitted to the ordering 48. The City may consider any evidence available regarding the 17 1 RFP 2014-001 MF,Electronic Agenda System ® N1iANIJ BEACH financial,technical,and other qualifications and abilities of a proposer 58. COLLUSION.Where two(2)or more related parties each submit a ,including past performance(experience),in making an award that is proposal or proposals for any contract, such proposals or proposals in the best interest of the City. shall be presumed to be collusive. The foregoing presumption may 49. The City may require proposer s to show proof that they have be rebutted by presentation of evidence as to the extent of ownership, been designated as authorized representatives of a manufacturer or control and management of such related parties in the preparation and supplier,which is the actual source of supply. In these instances,the submittal of such proposal or proposals. "Related parties" means City may also require material information from the source of supply proposer s or the principals thereof which have a direct or indirect regarding the quality,packaging,and characteristics of the products to ownership interest in another proposer for the same contract, or in be supply to the City. Any material conflicts between information which a parent company or the principals thereof of one(1)proposer provided by the source of supply and the information contained in the have a direct or indirect ownership interest in another proposer for the proposer's proposal may render the proposal non-responsive. same contract. Proposal or proposals found to be collusive shall be 50. The City may,during the period that the contract between the rejected. City and the successful proposer is in force, review the successful proposer's record of performance to ensure that the proposer is 59. Proposers who have been found to have engaged in collusion may continuing to provide sufficient financial support, equipment, and also be suspended or debarred, and any contract resulting from organization as prescribed in this proposal. Irrespective of the collusive proposalding may be terminated for cause. proposer's performance on contracts awarded to it by the City, the 60. DISPUTES. In the event of a conflict between the Proposal City may place said contracts on probationary status and implement documents,the order of priority of the documents shall be as follows: termination procedures if the City determines that the successful 61. Any contract or agreement resulting from the award of this proposer no longer possesses the financial support,equipment,and Proposal;then organization which would have been necessary during the proposal 62. Addendum issued for this Proposal,with the latest Addendum evaluation period in order to comply with the demonstration of taking precedence;then competency required under this subsection. 63. The Proposal;then 51. DETERMINATION OF AWARD. Unless otherwise stated in the 64. The proposer's proposal in response to the Proposal. Special Conditions,The City Commission shall award the proposal to 65. REASONABLE ACCOMMODATION.In accordance with Title II of the the lowest and best proposer . In determining the lowest and best Americans with Disabilities Act, any person requiring an proposer,in addition to price,there shall be considered the following: accommodation at the Proposal opening because of a disability must a. The ability, capacity and skill of the proposer to perform contact the Procurement Division. the contract. b. Whether the proposer can perform the contract within the 66. GRATUITIES. Proposer s shall not offer any gratuities, favors, or time specified,without delay or interference. anything of monetary value to any official, employee, contractor, or c. The character, integrity, reputation, judgment, experience agent of the City,for the purpose of influencing consideration of this and efficiency of the proposer. Proposal. d. The quality of performance of previous contracts. 67. SIGNED PROPOSAL CONSIDERED AN OFFER. The signed e. The previous and existing compliance by the proposer with proposal shall be considered an offer on the part of the proposer, Applicable Laws relating to the contract. which offer shall be deemed accepted upon award of the proposal by 52. ASSIGNMENT. The successful proposer shall not assign, transfer, the City Commission.In case of default on the part of the successful convey,sublet or otherwise dispose of the contract,including any or proposer,after such acceptance,the City may procure the items or all of its right,title or interest therein,or his/her or its power to execute services from other sources and hold the proposer responsible for such contract, to any person, company or corporation, without the any excess cost occasioned or incurred thereby. prior written consent of the City. 68. TIE PROPOSALS. In accordance with Florida Statues Section 53. LAWS, PERMITS AND REGULATIONS.The proposer shall obtain 287.087,regarding identical tie proposals,preference will be given to and pay for all licenses,permits,and inspection fees required under proposer s certifying that they have implemented a drug free work the contract;and shall comply with all Applicable Laws. place program. A certification form will be required.In the event of a continued be between two or more proposers after consideration of 54. OPTIONAL CONTRACT USAGE.When the successful proposer(s) the drug free workplace program, the City's Local Preference and is in agreement,other units of government or non-profit agencies may Veteran Preference ordinances will dictate the manner by which a tie participate in purchases pursuant to the award of this contract at the is to be resolved. In the event of a continued tie after the Local and option of the unit of government or non-profit agency. Veteran Preference ordinances have been applied or the tie exists 55. SPOT MARKET PURCHASES.It is the intent of the City to purchase between proposer s that are not Local or Veteran,the breaking of the the items specifically listed in this Proposal from the successful tie shall be at the City Manager's discretion, which will make a proposer. However,the City reserves the right to purchase the items recommendation for award to the City Commission. from state or other governmental contract,or on an as-needed basis 69. DELIVERY TIME. Proposers shall specify in the attached Proposal through the City's spot market purchase provisions. Form,the guaranteed delivery time(in calendar days)for each item. It 56. ELIMINATION FROM CONSIDERATION.This proposal shall not be must be a firm delivery time;no ranges(For example,12-14 days)will awarded to any person or firm who is in arrears to the City upon any be accepted. debt,taxes, or contracts which are defaulted as surety or otherwise 70. TERMINATION FOR DEFAULT.If the successful proposer shall fail upon any obligation to the City. to fulfill in a timely manner,or otherwise violate,any of the covenants, 57. ESTIMATED QUANTITIES.Estimated quantities or estimated dollars, agreements, or stipulations material to the Proposal and/or the if provided,are for City guidance only.No guarantee is expressed or contract entered into with the City pursuant thereto, the City shall implied as to quantities or dollars that will be used during the contract thereupon have the right to terminate the work and/or services then period.The City is not obligated to place any order for a given amount remaining to be performed by giving written notice to the proposer of subsequent to the award of this Proposal.Estimates are based upon such termination, which shall become effective upon receipt by the the City's actual needs and/or usage during a previous contract proposer of the written termination notice. period.The City may use said estimates for purposes of determining 71. In that event, the City shall compensate the successful proposer in whether the low proposer meets specifications. accordance with the term of the contract for all work and/or services satisfactorily performed by the proposer prior to termination, net of 18 1 RFP 2014-001 MF,Electronic Agenda System i ® ;v1lr�N1i BEACH any costs incurred by the City as a consequence of the default. termination of this Agreement. 72. Notwithstanding the above, the successful proposer shall not be 76. MODIFICATIONIWITHDRAWALS OF PROPOSALS. A proposer relieved of liability to the City for damages sustained by the City by may submit a modified proposal to replace all or any portion of a virtue of any breach of the contract by the proposer,and the City may previously submitted proposal up until the proposal due date and time. reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages Modifications received after the proposal due date and time will NOT due the City from the successful proposer is determined. be considered. » 73. The City may, at its discretion, provide reasonable"cure period"for • Proposals shall be irrevocable until contract award unless withdrawn any contractual violation prior to termination of the contract;should the in writing prior to the proposal due date or after expiration of 120 calendar days from the opening of proposals without a contract award. successful proposer fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City Letters of withdrawal received after the proposal due date and before may proceed to terminate the contract for cause in accordance with said expiration date and letters of withdrawal received after contract award will NOT be considered. this subsection 1.57. 74. TERMINATION FOR CONVENIENCE OF CITY.The City may,for its 78. EXCEPTIONS TO PROPOSAL.Proposers are strongly encouraged convenience,terminate the work and/or services then remaining to be to thoroughly review the specifications and all conditions set forth in performed, at any time, by giving written notice to the successful this Proposal. Proposer s who fail to satisfy the requirements in this proposer of such termination,which shall become effective thirty(30) Proposal, may be deemed non-responsive and receive no further days following receipt by proposer of such notice. In that event,all consideration. Should your proposed proposal not be able to meet finished or unfinished documents and other materials shall be properly one(1)or more of the requirements set forth in this Proposal and you delivered to the City. If the contract is terminated by the City as are proposing alternatives and/or exceptions to said requirements,you provided in this subsection,the City shall compensate the successful must notify the Procurement Office, in writing, at least five(5)days proposer in accordance with the terms of the contract for all and prior to the deadline for submission of proposals. The City reserves without cause and/or any resulting liability to the City, work and/or the right to revise the scope of services via Addendum prior to the services actually performed by the successful proposer , and shall deadline for receipt of proposals. also compensate the proposer for its reasonable direct costs in 79. FLORIDA PUBLIC RECORDS LAW.Proposer s are hereby notified assembling and delivering to City all documents. No compensation that all Proposal including,without limitation,any and all information shall be due to the successful proposer for any profits that the and documentation submitted therewith, are exempt from public successful proposer expected to earn on the balanced of the contract. records requirements under Section 119.07(1), Florida Statutes,and Such payments shall be the total extent of the City's liability to the s. 24(a),Art. 1 of the State Constitution until such time as the City successful proposer upon a termination as provided for in this provides notice of an intended decision or until thirty(30)days after subsection. opening of the proposals,whichever is earlier.Additionally,Contractor 75. INDEMNIFICATION. The successful Proposer shall indemnify and agrees to be in full compliance with Florida Statute 119.0701 hold harmless the City and its officers, employees, agents and including, but not limited to, agreement to (a) Keep and maintain instrumentalities from any and all liability, losses or damages, public records that ordinarily and necessarily would be required by the including attorney's fees and costs of defense,which the City or its public agency in order to perform the services;(b)provide the public officers,employees,agents or instrumentalities may incur as a result with access to public records on the same terms and conditions that of claims, demands, suits, causes of actions or proceedings of any the public agency would provide the records and at a cost that does kind or nature arising out of, relating to or resulting from the not exceed the cost provided in this chapter or as otherwise provided performance of the agreement by the successful Proposer or its by law;(c)Ensure that public records that are exempt or confidential employees, agents, servants, partners, principals or subcontractors. and exempt from public records disclosure requirements are not The successful Proposer shall pay all claims and losses in connection disclosed except as authorized by law;(d)Meet all requirements for therewith,and shall investigate and defend all claims,suits or actions retaining public records and transfer,at no cost,to the public agency of any kind or nature in the name of the City, where applicable, all public records in possession of the contractor upon termination of including appellate proceedings, and shall pay all costs,judgments, the contract and destroy any duplicate public records that are exempt and attorney's fees which may be incurred thereon. The successful or confidential and exempt from public records disclosure Proposer expressly understands and agrees that any insurance requirements.All records stored electronically must be provided to the protection required by this Agreement or otherwise provided by the public agency in a format that is compatible with the information successful Proposer shall in no way limit the responsibility to technology systems of the public agency. indemnify,keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or 19 RFP 2014-001 MF,Electronic Agenda System APPENDIX A m MIAMI BEACH Proposal Certification , Questionnaire & Requirements Affidavit RFP 2014-001 MF ELECTRONIC AGENDA SYSTEM DEPARTMENT OF PROCUREMENT MANAGEMENT 1100 Convention Center Drive Miami Beach, Florida 33139 a'.iIBEnCN Page 20 RFP 2014-001 MF, Electronic Agenda System i Solicitation No:2014-001 MF Solicitation Title:Electronic Agenda System Procurement Contact:Marta Fernandez Rubio Tel:305-673-7000 Ext.6263 Email:mfernandezrubio @miamibeachfl.gov PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness,responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification,Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No.of Employees: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information,applicable licensure,resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. ® N11AMt BEACH Page 21 RFP 2014-001 MF,Electronic Agenda System r 2. Miami Beach Based(Local)Vendor.Is proposer a Miami Beach based firm? YES 0 NO SUBMITTAL REQUIREMENT:Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami Beach Based Vendor. 3. Veteran Owned Business.Is proposer a veteran owned business? YES 0 NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 4. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No"litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process.Untruthful,misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer,or any proposer team member firm,in the past five(5)years. If Proposer has no litigation history or regulatory action in the past 5 years,submit a statement accordingly. 5. References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 6. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? 0 YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES," Proposer shall submit a statement detailing the reasons that led to action(s). 7. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in RFP. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 8. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of ® J\A�NvV BEACH Page 22 RFP 2014-001 MF,Electronic Agenda System I Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics,available at www.miamibeachfi.gov/procurement/. 9. , pfflpeseffi shall be FequiFed to pay all employees who PFeyid IFSuant te this AgFeement,the heWFI VIRg wage Fatee imsted CemmeAGOAg With City fiGGal ye-aF 2012 13 (GGtebeF 1, 2012), the hOUdy IiViRg Fate will be $11.28.14 ,kith health benefits. and$17 92ihr veitho„t henefite The living wage Fate aAd_ he-alth g--;;Fe benefitS Fate may, by Of the City GOMM0664OR be aRRually fe PeFGent U.S. (3%).The Gity may a'69,by FeWlUtien,elerst not to'Rdex the 16viF;g wage Fate in-any paFtwGulaF yeaF, determintes; , Gety may, at its sole eptien, immediately deem said pFepesw as RGR FespGlRsive, and Fnay fwtheF 66lNeGt pF49poseFtO ad-d-ifien-R-Al penalties and finer-,, as pre-wedled- on the , Living Wage Fequ'FeffleRt is available at IAP.AAAI.MeaF:n'beaGhfi.gGVIPFGGUFeFn agrees to the living usage requirement 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? 0 YES 0 NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of employees? 0 YES 0 NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. ® NAIANl1 BEACH Page 23 RFP 2014-001 MF,Electronic Agenda System 11. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that 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 proposal, proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 1 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ® lolAty l BEACH Page 24 RFP 2014-001 MF, Electronic Agenda System I DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.Any action taken by the City in response to Proposals made pursuant to this RFP,or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this RFP, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals,may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Proposal or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto,are approved and executed by the parties,and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes,until the date and time selected for opening the responses.At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP,or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. ® AIVA;-`d.BEACH Page 25 RFP 2014-001 MF,Electronic Agenda System I PROPOSER CERTIFICATION r y certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's al; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, e of this RFP, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and sclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and ons contained in the RFP, and any released Addenda and understand that the following are requirements of this ITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, sed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any roposal; proposer acknowledges that all information contained herein is part of the public domain as defined by te of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, ve of the Proposal Certification, Questionnaire and Re uirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed.Before me: Notary Public for the State of My Commission Expires: ® NA,1A)Vi BEACH Page 26 RFP 2014-001 MF,Electronic Agenda System APPENDIX "B" MINIMUM REQUIREMENTS AND SYSTEM FEATURES CHECKLIST RFP 2014-001 MF, ELECTRONIC AGENDA SYSTEM Does your system provide for the following features or functionalities? Response Category (Yes/No) (Indicate whether your proposed solution includes feature, if feature is provided by a third party, please indicate 3P in the optional description/notes) (3P)-3'd Party(Indicate if feature is provided by a third party) Response Description/Notes MINIMUM REQUIREMENTS Yes/No 1 Proposer must have references in the government Submit detailed response under Section IV, market(minimum of three(3)successfully Tab 2 completed automated agenda management projects). 2 Submit detailed response under Section IV, Software must be ADA compliant. Tab 2 3 Submit detailed response under Section IV, Software must be PC[compliant. Tab 2 4 Proposed solution must be hosted by third-party Submit detailed response under Section IV, and web-enabled. Tab 2 DESIRED QUALIFICATIONS OF PROPOSER 1 At least five years of automated agenda Submit detailed response under Section IV, management experience. Tab 2 2 Single system developed and supported by a sole Submit detailed response under Section IV, vendor offering all elements necessary to meet Tab 2 the requirements outlined in this RFP. 3 Offer a scalable solution to meet expanding needs Submit detailed response under Section IV, of the-City of Miami Beach over time. Tab 2 4 Experience with integrating the proposed solution Submit detailed response under Section IV, with third party applications to maximize Tab 2 usefulness of the proposed solution. FUNCTIONAL FEATURES Item reparation by Department 1 Login security should use the user's Windows Submit detailed response under Section IV, account ID and password,seamlessly for an auto Tab 2 login capability. 2 Provide standard Word templates for drafting staff Submit detailed response under Section IV, reports, resolutions and ordinances. Tab 2 3 Agenda templates should include preloaded drop- Submit detailed response under Section IV, down designations,and an option to edit these Tab 2 designations(e.g. minimize manual data entry using feature such as drop-down tables,type- ahead,check, boxes,auto populate,etc. 4 Agenda templates should include a checklist of Submit detailed response under Section IV, standard items, including roll call, public hearings, Tab 2 voting requirements, presentations,etc.As needed,the checklist of standard items can be edited and amended by authorized users. 5 Provide for spell check. Submit detailed response under Section IV, Tab 2 IM :V\i,,`/, BEACH Page 27 RFP 2014-001 MF,Electronic Agenda System Functional Features(contd.) Response Optional Description/Notes Yes/No 6 Allow attachment of files in various formats and Submit detailed response under Section IV, from various drives and locations(e.g. Laserfiche Tab 2 re osito 7 Create electronic versions of paper documents for Submit detailed response under Section IV, item submittal. Tab 2 8 Provide for inter-departmental review in the Submit detailed response under Section IV, workflow prior to item submittal. Tab 2 9 Allow an unlimited number of meetings to be Submit detailed response under Section IV, added and managed by the system. Tab 2 10 Ability to accommodate a meeting within a Submit detailed response under Section IV, meeting(e.g. executive session, redevelopment Tab 2 agency,etc.). 11 Ability to support simultaneous multiple-user Submit detailed response under Section IV, access to all components of the agenda. Tab 2 Item Submittal by Department 12 Use for multiple meeting bodies(e.g. City Submit detailed response under Section IV, Commission, City Commission Committees, Tab 2 boards or Committees). 13 Use for multiple meeting types(e.g. regular Submit detailed response under Section IV, meeting,special meeting,workshops)for a Tab 2 meeting body. 14 Allow advance scheduling of items(e.g. submit Submit detailed response under Section IV, title only for a future agenda). Tab 2 15 Allow scheduling of recurring items. Submit detailed response under Section IV, Tab 2 16 Provide a central point for handling and Submit detailed response under Section IV, documenting tasks relating to an item(e.g. send a Tab 2 notice of public hearing for publication 30 days before the meeting,submit a PowerPoint for presentation during a meeting, publish a notice to proposer s after the City Commission adopts tans andspecifications). 17 Provide for simple and user-friendly interface for Submit detailed response under Section IV, submitting items. Tab 2 18 Allow user to modify an item offline. Submit detailed response under Section IV, Tab 2 19 Allow input of follow-up instructions for use after Submit detailed response under Section IV, meeting. Tab 2 20 Enforce submittal deadline. Submit detailed response under Section IV, Tab 2 21 Submit supplemental and addendum materials for Submit detailed response under Section IV, agenda items(e.g. submit a revised staff report Tab 2 for review after the agenda was published but before the meeting,submit public comments received up to time of meeting). 22 No limit in the type of electronic files that can be Submit detailed response under Section IV, attached.These file types include at least text, Tab 2 graphics,word processing applications, spreadsheets,acrobat, HTML,and photos and other images. Digital media such as visual files should also be supported.(TIFF,JPEG, MPEG, GIF, PDF, BMP, PNG, Pict,AVI). 23 Allow agenda items to be moved with all Submit detailed response under Section IV, associated attachments from one agenda to Tab 2 another. ® A111A,"v l BEACH Page 28 RFP 2014-001 MF,Electronic Agenda System Functional Features(contd.) Response Optional Description/Notes Yes/No Workflow Design 24 Customize workflow(serial or parallel)specific to Submit detailed response under Section IV, each meeting body(e.g.,the agenda creation Tab 2 follows the City-defined workflow). 25 Allow reviewers to modify/override workflow(e.g. Submit detailed response under Section IV, return item to department,forward to person not Tab 2 in standard workflow). 26 Allow assignment of delegates/backups for out-of- Submit detailed response under Section IV, office reviewers(e.g. reviewer assigns a delegate Tab 2 during vacation). 27 Route items to reviewers automatically. Submit detailed response under Section IV, Tab 2 28 Restrict access to items being reviewed. Submit detailed response under Section IV, Tab 2 29 Program key dates for tasks. Submit detailed response under Section IV, Tab 2 30 Allow insertion of documents to any step of the Submit detailed response under Section IV, workflow. Tab 2 31 Allow the withdrawal of document to any step of Submit detailed response under Section IV, the workflow. Tab 2 32 Allow the withdrawal of an agenda item from the Submit detailed response under Section IV, workflow. Tab 2 33 Allow deadlines to be set based on meeting date, Submit detailed response under Section IV, response time, etc. Tab 2 34 The workflow should allow routing to be Submit detailed response under Section IV, determined automatically based on information Tab 2 gathered during the flow process. 35 Automatically renumbers agenda items when Submit detailed response under Section IV, editing. Tab 2 36 Allows for future redesigns of workflow Submit detailed response under Section IV, Tab 2 Notification 37 Use email to notify departmental reviewers during Submit detailed response under Section IV, item preparation phase. Tab 2 38 Use email to notify City Clerk/Agenda Coordinator Submit detailed response under Section IV, upon item submittal. Tab 2 39 Use email to notify reviewers to review items. Submit detailed response under Section IV, Tab 2 40 Use email to send reminders to appropriate staff Submit detailed response under Section IV, to facilitate workflow(e.g., reviewer receives Tab 2 message to review an item after a number of days). 41 Customize notification messages specific to the Submit detailed response under Section IV, task(e.g. Budget Director receives message to Tab 2 review financial information for an item at provided h erlink). 42 Customize notifications during review process Submit detailed response under Section IV, (e.g., item submitters can opt to receive Tab 2 notifications on the status of an item at each step or after approval foragenda). 43 Notify administrator if a reviewer or delegate in a Submit detailed response under Section IV, defined workflow is no longer in Active Directory. Tab 2 44 Allow for escalation and notifications based on Submit detailed response under Section IV, deadlines. Tab 2 45 Ability to track the status of each agenda. Submit detailed response under Section IV, Tab 2 ® 101A,"WBEACH Page 29 RFP 2014-001 MF,Electronic Agenda System Functional Features(contd.) Response Optional Description/Notes Yes/No Review and Approval 46 Show comments and track changes on Submit detailed response under Section IV, documents in different file types. Tab 2 47 Document approvals on final items(e.g. insert an Submit detailed response under Section IV, approval code, apply an electronic or digital Tab 2 signature). 48 Allow reviewers to see pending items for review, Submit detailed response under Section IV, and allow the user to decide which items they Tab 2 would like to access. 49 Ability to see the status of any item and Submit detailed response under Section IV, graphically view where it is at in the workflow Tab 2 process at any given point. 50 Provide automatic notification when a document is Submit detailed response under Section IV, revised. Tab 2 51 Support electronic signatures. Submit detailed response under Section IV, Tab 2 Monitoring and Tracking 52 Allow users to see status of submitted items by Submit detailed response under Section IV, department, meeting date, etc. Tab 2 53 Allow users to see preliminary meeting agenda. Submit detailed response under Section IV, Tab 2 54 Allow Clerk/Agenda Coordinator to move an item Submit detailed response under Section IV, from one meeting to another. Tab 2 Publication 55 Allow moving items on agenda prior to Submit detailed response under Section IV, publication. Tab 2 56 Allow drafts to be created. Submit detailed response under Section IV, Tab 2 57 Allow flexible reformatting of the document, such Submit detailed response under Section IV, as font, indentation, numbering,order of items, Tab 2 etc. 58 Allow pending items to be placed on the agenda. Submit detailed response under Section IV, Tab 2 59 Capability to allow versioning of agendas and Submit detailed response under Section IV, agenda items;allows process steps such as draft, Tab 2 revision and final agenda. 60 Assemble all items with different file types into a Submit detailed response under Section IV, final a enda packet. Tab 2 61 Automatically converts all documents to PDF Submit detailed response under Section IV, (OCR version)for printing and website Tab 2 publication. 62 Link agenda item title on short agenda to item in Submit detailed response under Section IV, agenda packet. Tab 2 63 Insert page numbers. Submit detailed response under Section IV, Tab 2 64 Works with the City's print shop equipment to Submit detailed response under Section IV, allow the insertion of tabs and blue pages Tab 2 separating agenda items for paper agendas. 65 Amend an agenda after publication(e.g.add an Submit detailed response under Section IV, item to a published agenda). Tab 2 66 Publish automatically to multiple locations(e.g. Submit detailed response under Section IV, website, Laserfiche repository). Tab 2 ® iv1I,-%I'V BEACH Page 30 RFP 2014-001 MF,Electronic Agenda System I Functional Features(contd.) Response Optional Description/Notes Yes/No 67 Publish to different media for distribution(e.g. Submit detailed response under Section IV, iPad). Tab 2 68 Notify interested parties when certain subjects are Submit detailed response under Section IV, on the agenda. Tab 2 69 Ability to download the agenda and all associated Submit detailed response under Section IV, backup material as individual items. Tab 2 70 Have the ability to download a copy of a meeting Submit detailed response under Section IV, with all the supporting material to a folder Tab 2 providing for easy off-line access. 71 Provide public access,via the internet,to Submit detailed response under Section IV, archival/historical information,such a meeting Tab 2 minutes/after-actions, motions and votes. 72 Provide the ability to download the agenda to any Submit detailed response under Section IV, mobile device such as iPad or smartphone. Tab 2 73 Ability to notify Commissioners, board members Submit detailed response under Section IV, and the public of agenda and packet availability. Tab 2 74 Ability to automatically notify the public when Submit detailed response under Section IV, changes are made to an individual agenda item. Tab 2 75 Ability to create a table of content for the agenda. Submit detailed response under Section IV, Tab 2 76 Provide bookmarks in the PDF agenda packet to Submit detailed response under Section IV, allow users to jump to relevant items in the Tab 2 packet. 77 Ability to convert the final agenda to PDF and Submit detailed response under Section IV, Word files. Tab 2 Meeting Minutes/After-Action 78 Real-time record of roll call and voice votes. Submit detailed response under Section IV, Tab 2 79 Real-time record of notes. Submit detailed response under Section IV, Tab 2 80 Allow Clerk's staff to enter multiple motions for a Submit detailed response under Section IV, single item, including substitute motions. Tab 2 81 Ability to choose whether electronic voting is Submit detailed response under Section IV, used. Tab 2 82 Ability to vote per individual item or entire agenda Submit detailed response under Section IV, sections,such as Consent Agenda. Tab 2 Follow-up and Research 83 Provides post meeting capability for tracking, Submit detailed response under Section IV, numbering and signing of documents. Tab 2 84 Notify staff regarding actions following meeting Submit detailed response under Section IV, (e.g. notify selected staff members about the City Tab 2 Commission action on an item). 85 Notify staff regarding tasks following meeting(e.g. Submit detailed response under Section IV, notify item originator to submit a notice for Tab 2 publication, notify item originator to submit original agreement to the City Clerk after obtaining signature from the outside party). 86 Maintains and makes available history of all Submit detailed response under Section IV, a enda items. Tab 2 87 Allows users to search and access past items by Submit detailed response under Section IV, keywords,dates, project manager,etc. Tab 2 ® AN AN)";BEACH Page 31 RFP 2014-001 MF,Electronic Agenda System I Functional Features(contd.) Response Optional Description/Notes Yes/No 88 Provides the capability to prepare meeting Submit detailed response under Section IV, minutes/after-actions(records motions,votes, Tab 2 etc.). 89 Provide the capability to prepare meeting notes Submit detailed response under Section IV, (e.g.,the offline agenda version should allow each Tab 2 user to make notes for each agenda item;the proposed solution should provide the ability to make notes on agenda items on mobile devices.). 90 Provide for search of agenda items,full text or Submit detailed response under Section IV, metadata. Tab 2 91 Ability to OCR documents in order to allow search Submit detailed response under Section IV, of text within documents. Tab 2 92 Ability to print any search result. Submit detailed response under Section IV, Tab 2 93 Allow searches by date and/or within date ranges. Submit detailed response under Section IV, Tab 2 94 Support grouping and searching documents Submit detailed response under Section IV, based on metadata content. Tab 2 95 Search on agenda titles,agenda content, Submit detailed response under Section IV, supporting materials content,supporting material Tab 2 annotations. 96 Public can search meeting agenda, minutes/after- Submit detailed response under Section IV, actions and associated documents Tab 2 simultaneously. 97 Return a list of all search results with links to the Submit detailed response under Section IV, agenda item and supporting documents within the Tab 2 respective agenda. 98 Ability to search for records related to vote(e.g., Submit detailed response under Section IV, how many time a Commissioner/Mayor voted Yes, Tab 2 No,abstained,etc. 99 Ability to search for records regarding meeting Submit detailed response under Section IV, attendance(list meetings in which a Tab 2 Commissioner/Mayor was absent). 100 Ability to use workflow post meeting for tracking, Submit detailed response under Section IV, numbering and signing of documents. Tab 2 Document Management 101 Prepare follow-up legislative documents from files Submit detailed response under Section IV, submitted with item. Tab 2 102 Export selected files to Laserfiche for archive. Submit detailed response under Section IV, , Tab 2 Reports 103 Generate calendar of scheduled items on future Submit detailed response under Section IV, agendas by date range,department, etc. Tab 2 104 Generate statistical and performance reports(e.g. Submit detailed response under Section IV, tabulation of agenda items for reimbursement Tab 2 claims,tabulation of agenda items by departments for cost allocation studies, and other reports). 105 Ability to support flexible user-friendly query Submit detailed response under Section IV, capability based on user-defined criteria. Tab 2 106 Ability to export reports to Microsoft Excel and Submit detailed response under Section IV, Word. Tab 2 107 Ability to print reports. Submit detailed response under Section IV, Tab 2 ® ter-.kVV- BEACH Page 32 RFP 2014-001 MF, Electronic Agenda System l Functional Features(contd.) Response Optional Description/Notes Yes/No System Technology 108 Software should have a sharepoint interface Submit detailed response under Section IV, capability. Tab 2 109 Single Sign-On through Active Directory Services. Submit detailed response under Section IV, Tab 2 110 Able to integrate with Microsoft Exchange. Submit detailed response under Section IV, Tab 2 111 Ability to integrate with electronic document Submit detailed response under Section IV, management systems for seamless depositing of Tab 2 final agendas into the archive(currently running Laserfiche/Weblink). 112 Ability to integrate with folio system currently Submit detailed response under Section IV, being utilized by the City. Tab 2 113 Allow third party reporting tool to access database Submit detailed response under Section IV, for ad hoc queries and reporting. Tab 2 114 Provides user-dependent views/security based Submit detailed response under Section IV, on role. Tab 2 115 Provide adequate security to safeguard Submit detailed response under Section IV, documents, processes and existing data from Tab 2 non-administrative users. 116 Ability for system/database to be hosted locally Submit detailed response under Section IV, on company's network. Tab 2 117 Technical support provided with software. Submit detailed response under Section IV, Tab 2 118 Upgrades included in the maintenance price. Submit detailed response under Section IV, Tab 2 119 Ability of system to time out users due to inactivity Submit detailed response under Section IV, of their client connection(admin configurable time Tab 2 limits). 120 Ability of system to lock files as they are edited to Submit detailed response under Section IV, avoid revision contention issues. Tab 2 121 Allow off-line editing/reviewing of documents to Submit detailed response under Section IV, be later resynchronized and resume workflow Tab 2 122 Allow remote access. Submit detailed response under Section IV, Tab 2 System Support 123 Software support should be available and Submit detailed response under Section IV, provided by the vendor via a telephone hot line Tab 2 backed up by a minimum of three support personnel available and a complete line of computer hardware to be able to test and re- create any software situation. 124 Software support must be available during the Submit detailed response under Section IV, City's"normal"business hours,which are Tab 2 Monday-Friday,8:00 a.m.—5:00 p.m., Eastern Standard Time,with access to support personnel after hours and on weekends. It is desired that any user have access to support personnel for questions. 125 Provide end user training options(both initial and Submit detailed response under Section IV, follow-up). Tab 2 126 Provide administrator-training options(both initial Submit detailed response under Section IV, and follow-up) Tab 2 ® f-1,N1 I BEACH Page 33 RFP 2014-001 MF, Electronic Agenda System APPENDIX "C°' COST PROPOSAL RFP 2014-001 MF, ELECTRONIC AGENDA SYSTEM The City is seeking a total solution that addresses the needs outlined in this RFP, vendors may not respond a la cart to items identified in this proposal. PROPOSER'S NAME: Proposers may submit further detailed attachments to the cost proposal. However, all costs must be categorized in one of the categories below. SOFTWARE, IMPLENTATION & FIRST YEAR HOSTING FEES Software Cost to include software module fees and any $ other expense related to the acquisition of the software. IMPLEMENTATION SERVICES $ Professional Services/ Project Management and Implementation Costs YEARLY ALL-INCLUSIVE FEES (2-5 YEARS) All-Inclusive Yearly Fees for Five Years, including $ /YEAR Maintenance, Support, Licenses, etc. ONSITE TRAINING (2 day minimum) Inclusive of travel expenses User Training (up to 100 individuals) —2 day minimum $ / DAY* (Minimum four sessions per day) Train-the-Trainer Training (up to 12 individuals) — 1 day $ / DAY* minimum (Minimum two sessions per day) TOTAL COST $ ® A&`l 1 BEACH Page 34 RFP 2014-001 MF, Electronic Agenda System Meeting Management 2 Solution City ®f Miami Beach RFP 2014-001-MF 12-6-13 Uj 9 3 �. Novus®lutio -s 10012 N. Dale Mabry Hwy ' Suite 115 Tama FL 33618 800-274-5624 Ext 702 , i �Ta�. Contents ExecutiveSummary...........................................................................................:.......................................3 Letterof Transmittal.....................................................................:.............................................................5 APPENDIX "B" ....................................................................................................................................6 MINIMUM REQUIREMENTS AND SYSTEM FEATURES CHECKLIST....................6 Mobile Devices..................................................................... ...........................15 ......................................... LaserficheIntegration..............................................................................................................................16 BoardManagement Term Tracking.......................................................................................................16 ElectronicVoting.......................................................................................................................................17 Reporting...................................................................................................................................................17 ServiceModels.........................................................................................................................................20 SelfHosted............................................................................................................................................20 SaaS.......................................................................................................................................................20 Approachand Methodology....................................................................................................................21 1. Agenda Document Collection.....................................................................................................21 2. Workflow Document Collection..................................................................................................21 3. Initial Configuration ......................................................................................................................22 4. Initial Training and Testing..........................................................................................................22 5. Final Configuration.......................................................................................................................22 6. Final Training and Testing ..........................................................................................................23 7. Go Live...........................................................................................................................................23 Timelines...............................................................................................................................................24 References................................................................................................................................................24 APPENDIX "C" COST PROPOSAL..............................................................................................28 PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT............................................29 2 Executive Summary Think about the process today for creating agendas for upcoming meetings. Without exception it is labor intensive, consumes reams of paper and most importantly it is inefficient. Distribution of these packets is an administrative nightmare. Managing the actual meeting is difficult as you try to record motions, votes and discussion. The question; how can organizations leverage the power of the Internet to improve these processes without a major investment of time or money? Your answer is NovusAGENDA. NovusAGENDA is an electronic solution designed to create, approve and track items for upcoming and past Board meetings. The entire process creates an automated Paperless Agenda Solution. Adding an Agenda item, like the approval for a new employee benefit offering or the purchase of a vehicle, can now be controlled in a well- organized systematic solution. Various workflow options allow you to control the review and approval process for each item with a complete history for tracking purposes. NovusBOARDVIEW offer board members electronic access to agenda, draft and final minutes and full research capability. Members can easily view upcoming agenda and make private comments as part of their meeting preparation. These meeting comments can be used during the meeting to remind the member of comments they want to make or present. Viewing draft minutes prior to the next meeting is easy using NovusBOARDVI EW and comments can be made on draft minutes as well if there is discussion required prior to approval of minutes. The online research option offers members the opportunity to quickly research past items with a few mouse clicks. This feature reduces the strain on staff who often receive calls from members for research. NovusM'EETING is a fully integrated meeting management solution. Once your agenda is prepared in NovusAGENDA it is sent to NovusMEETING. NovusMEETING allows you to record motions, votes and minutes in an easy to use interface. The entire package is web based and easily configured to meet the exact needs of your organization. Novusolutions can use your existing agenda and minute format to create your web based publications. Deployment is automated with support provided by Novusolutions. The software will work with your existing IT infrastructure and e-mail system. The NovusAGENDA will tie directly into your network infrastructure (Active Directory). Not only will the public love the ability to view agenda and minutes on-line, you will see a return on investment immediately. Paper, copy, and distribution costs will be virtually eliminated. Reduced paper consumption will help you reach your goals on sustainability and reduce carbon footprint. Finally, the ability to customize NovusAGENDA to meet your layout and workflow needs means your deployment risks are minimized. The key to any successful technology rollout is to minimize change within your organization. By making NovusAGENDA flex to meet your needs you will see rapid user adoption and very little pushback. 3 NovusAGENDA is designed to be customized without a massive effort on your part. This unique product offers a blend of customized features, where they are needed most, with out of box functionality. NovusAGENDA reduces the risk of deployment chaos. Many customers fail to understand the high cost of handling this process in a paper base way. A paper based solution is extremely expensive to support and yields no benefit to the public or managing board to search, study and analyze information critical to the institution. No one would consider doing payroll manually these days nor would they have a paper based accounting and finance package. The legislative process is the heartbeat of your organization and automating that process will yield huge dividends. With NovusAGENDA all that information is now fully accessible and searchable and subject to management oversight through our powerful reporting capabilities. Another powerful feature of NovusAGENDA is our reporting capability. Senior managers and board members can view advanced reports that transform your agenda process into a data repository loaded with useful information. Improve staff efficiency, track board goals and much more. All this is available in the NovusAGENDA reporting module. NovusBOARDMANAGER is a board and committee management tool that allows for creating committees and boards, adding members and including biographies and committee missions. All this information is available to the public on your public web portal. NovusAGENDA packs a powerful return on investment in many areas: • Reduce costs • Expand public access to information • Enable executive oversight and reporting capabilities • Support green initiatives • Reporting Capability NovusAGENDA Voting Module is an optional module that enables the board members to cast votes electronically using a tablet device such as an Pad or other tablet. This module supports a voting capability in addition to request to speak functions that will track speakers in the order they made the request. Video Streaming is available to all clients. We offer a variety of streaming options including live streaming and archives along with options to do your own video indexing our having us do that task for you. Our Video streaming option is the only service available where you can outsource the labor for video indexing to us at very affordable rates. 4 Letter of Transmittal Offeror: Inobbar LLC DBA Novusolutions Subcontractors: Novusolutions will not use subcontractors on this project .Contact Information: John Kercher Novusolutions 10012 N Dale Mabry Hwy. Suite 115 Tampa, Florida 33618 800-274-5624 ikercher(&novusolutions.com FEIN 59-3665533 Novusolutions serves the Government and Education markets with software products designed to increase effectiveness in various areas. Novusolutions has been in business since 2000. The company is privately held and is profitable and financially stable. John Kercher Novusolutions 5 APPENDIX "B" MINIMUM REQUIREMENTS AND SYSTEM FEATURES CHECKLIST RFP 2014-00 1 MF, EL EC TRONI C A G ENDA S YS TEVI Does your system provide for the following features or functionalities? Response Category (Yes/No) (Indicate whether your proposed solution includes feature, if feature is provided by a third party, please indicate 3P in the optional description/notes) (3P)- 3`d Party(Indicate if feature is provided by a third party) Response MINIMUM REQUIREMENTS Yes/No 1 Proposer must have references in the government Y See reference section market(minimum of three(3)successfully completed automated agenda management projects). 2 Y Software must be ADA compliant. 3 Y Software must be PCI compliant. 4 Proposed solution must be hosted by third-party Y and web-enabled. DESIRED QUALIFICATIONS OF PROPOSER 1 At least five years of automated agenda Y 12 years with over 200 clients management experience. 2 Single system developed and supported by a sole Y vendor offering all elements necessary to meet the requirements outlined in this RFP. 3 Offer a scalable solution to meet expanding needs Y Unlimited use license of the City of Miami Beach over time. 4 Experience with integrating the proposed solution Y We are a Laserfiche PDF partner for with third party applications to maximize over 6 years and are currently the usefulness of the proposed solution. recommended solution by Laserfiche FUNCTIONAL FEATURES Item Preparation by Department 1 Login security should use the user's Windows We do not support AD integration in account ID and password,seamlessly for an auto the cloud, this can be offered locally login capability. hosted which is the same cost. 2 Provide standard Word templates for drafting staff Y reports, resolutions and ordinances. 3 Agenda templates should include preloaded drop- Y down designations, and an option to edit these designations(e.g. minimize manual data entry using feature such as drop-down tables,type- ahead,check, boxes,auto populate,etc. 6 4 Agenda templates should include a checklist of Y standard items, including roll call, public hearings, voting requirements, presentations,etc.As needed,the checklist of standard items can be edited and amended by authorized users. 5 Provide for spell check. Y Functional Features(contd.) Response Yes/No 6 Allow attachment of files in various formats and Y Available locally hosted only from various drives and locations(e.g. Laserfiche re osito 7 Create electronic versions of paper documents for Y item submittal. 8 Provide for inter-departmental review in the Y workflow prior to item submittal. 9 Allow an unlimited number of meetings to be Y added and managed by the system. 10 Ability to accommodate a meeting within a Y meeting(e.g. executive session, redevelopment agency,etc.). 11 Ability to support simultaneous multiple-user Y access to all components of the agenda. Item Submittal by Department 12 Use for multiple meeting bodies(e.g. City Commission, City Commission Committees, Y boards or Committees). 13 Use for multiple meeting types (e.g. regular Y meeting, special meeting, workshops)for a meeting body. 14 Allow advance scheduling of items(e.g.submit Y title only for a future agenda). 15 Allow scheduling of recurring items. Y 16 Provide a central point for handling and Y This can be done outside the system documenting tasks relating to an item(e.g.send a and our reporting module can be used notice of public hearing for publication 30 days to trigger events as they appear in before the meeting,submit a PowerPoint for presentation during a meeting,publish a notice to post meeting action reports. The proposer s after the City Commission adopts actual letters and notices are not done plans and specifications). in NovusAGENDA but the alert to take action is accomplished using our post meeting action report 17 Provide for simple and user-friendly interface for Y UI are designed to your standards for submitting items. ease of use 7 18 Allow user to modify an item offline. N NovusAGENDA is a web based- application and requires users to be logged in. Staff or board can download a PDF of the packet and modify that offline if needed 19 Allow input of follow-up instructions for use after Y Follow up Actions are shown in the meeting. post meeting action report 20 Enforce submittal deadline. Y 21 Submit supplemental and addendum materials for Y agenda items(e.g.submit a revised staff report for review after the agenda was published but before the meeting,submit public comments received up to time of meeting). 22 No limit in the type of electronic files that can be Y File types are controlled in a attached.These file types include at least text, configuration file. graphics,word processing applications, spreadsheets, acrobat, HTML,and photos and other images. Digital media such as visual files should also be supported.(TIFF,JPEG, MPEG, GIF, PDF, BMP, PNG, Pict,AVI). 23 Allow agenda items to be moved with all Y associated attachments from one agenda to another. Functional Features(contd.) Response Yes/No Workflow Design 24 Customize workflow(serial or parallel)specific to Y each meeting body(e.g.,the agenda creation follows the City-defined workflow). 25 Allow reviewers to modify/override workflow(e.g. Y return item to department,forward to person not in standard workflow). 26 Allow assignment of delegates/backups for out-of- Y office reviewers (e.g. reviewer assigns a delegate during vacation). 27 Route items to reviewers automatically. Y 28 Restrict access to items being reviewed. Y 29 Program key dates for tasks. Y Users are notified via email when they have action to take on an item 30 Allow insertion of documents to any step of the Y workflow. 31 Allow the withdrawal of document to any step of Y the workflow. 32 Allow the withdrawal of an agenda item from the Y workflow. 33 Allow deadlines to be set based on meeting date, Y response time,etc. 8 34 The workflow should allow routing to be Y Humans make workflow choices on determined automatically based on information items based on the nature of the item. gathered during the flow process. 35 Automatically renumbers agenda items when Y editin . 36 Allows for future redesigns of workflow Y II workflow redesigns are done by our staff for you at no additional cost. This is part of our normal support Notification 37 Use email to notify departmental reviewers during Y item preparation phase. 38 Use email to notify City Clerk/Agenda Coordinator Y upon item submittal. 39 Use email to notify reviewers to review items. Y 40 Use email to send reminders to appropriate staff N This feature is not currently support to facilitate workflow(e.g., reviewer receives because there are many reasons message to review an item after a number of days). items can be delayed, legal is negotiating a contract for example. Repeated emails will upset your staff and users will begin to ignore them and this leads to problems with usability. This is not a feature we recommend based on 12 years of experience. Users are notified when they have items to deal with and they see them when they look in the system as pending their approval. 41 Customize notification messages specific to the Y This can be accommodated but is not task(e.g. Budget Director receives message to required for successful rollout review financial information for an item at provided h erlink). 42 Customize notifications during review process ICJ (e.g., item submitters can opt to receive notifications on the status of an item at each step or after approval foragenda). 43 Notify administrator if a reviewer or delegate in a Y Only supported in locally hosted defined workflow is no longer in Active Directory. option which is the same cost. 44 Allow for escalation and notifications based on Y deadlines. 45 Ability to track the status of each agenda. Y Functional Features(contd.) Response Yes/No Review and Approval 46 Show comments and track changes on Y documents in different file types. 47 Document approvals on final items(e.g. insert an Y approval code,apply an electronic or digital signature). 48 Allow reviewers to see pending items for review, Y and allow the user to decide which items they would like to access. 9 49 Ability to see the status of any item and Y graphically view where it is at in the workflow process at any given point. 50 Provide automatic notification when a document is N Notifications are not required since revised. users can see all items and item comments 51 Support electronic signatures. Y Monitoring and Tracking 52 Allow users to see status of submitted items by Y department, meeting date, etc. 53 Allow users to see preliminary meeting agenda. Y 54 Allow Clerk/Agenda Coordinator to move an item Y from one meeting to another. Publication 55 Allow moving items on agenda prior to Y publication. 56 Allow drafts to be created. Y 57 Allow flexible reformatting of the document,such Y as font, indentation,numbering,order of items, etc. 58 Allow pending items to be placed on the agenda. Y 59 Capability to allow versioning of agendas and Y agenda items;allows process steps such as draft, revision and final agenda. 60 Assemble all items with different file types into a Y final agenda packet. 61 Automatically converts all documents to PDF Y 'We support the PDF conversion but (OCR version)for printing and website we also support HTML. See our publication. section below titled Mobile Devices. If all you publish is PDF you will not serve your mobile public users or you board users will who use tablets. 62 Link agenda item title on short agenda to item in Y agenda packet. 63 Insert page numbers. Y 64 Works with the City's print shop equipment to Y allow the insertion of tabs and blue pages separating agenda items for paper agendas. 65 Amend an agenda after publication(e.g. add an Y Amendments can be tracked and item to a published agenda). displayed to the public as such so the integrity of your public record is maintained. 66 Publish automatically to multiple locations(e.g. Y See our section below Laserfiche website, Laserfiche repository). Integration 10 f Functional Features(contd.) Response Yes/No 67 Publish to different media for distribution(e.g. Y We do not use "Apps"we are fully iPad). web compliant so users can use any device to access information. Your board members may use any device and this is very important when you start talking about sub boards and committees as well because most cities do not want to buy iPad for all hose users. NovusAGENDA will work with any device. 68 Notify interested parties when certain subjects are N on the agenda. 69 Ability to download the agenda and all associated Y backup material as individual items. 70 Have the ability to download a copy of a meeting Y with all the supporting material to a folder providing for easy off-line access. 71 Provide public access,via the internet,to Y archival/historical information,such a meeting minutes/after-actions, motions and votes. 72 Provide the ability to download the agenda to any Y mobile device such as iPad or smartphone. 73 Ability to notify Commissioners, board members Y and the public of agenda and packet availability. 74 Ability to automatically notify the public when N changes are made to an individual agenda item. 75 Ability to create a table of content for the agenda. Y 76 Provide bookmarks in the PDF agenda packet to Y We provide an HTML bookmarked allow users to jump to relevant items in the agenda which is a superior solution to packet. large PDF file which is not useful to our mobile users. See our section on mobile below 77 Ability to convert the final agenda to PDF and Y Word files. Meeting Minutes/After-Action 78 Real-time record of roll call and voice votes. Y 79 Real-time record of notes. Y 80 Allow Clerk's staff to enter multiple motions for a Y single item, including substitute motions. 81 Ability to choose whether electronic voting is Y used. 82 Ability to vote per individual item or entire agenda Y sections,such as Consent Agenda. Follow-up and Research 11 I I 83 Provides post meeting capability for tracking, Y Done via reporting module to show numbering and signing of documents. post meeting actions 84 Notify staff regarding actions following meeting Y Done via reporting module to show (e.g. notify selected staff members about the City post meeting actions Commission action on an item). 85 Notify staff regarding tasks following meeting(e.g. Y Done via reporting module to show notify item originator to submit a notice for post meeting actions publication, notify item originator to submit original agreement to the City Clerk after obtaining signature from the outside party). 86 Maintains and makes available history of all Y agenda items. 87 Allows users to search and access past items by Y keywords, dates, project manager, etc. Functional Features(contd.) Response Yes/No 88 Provides the capability to prepare meeting Y minutes/after-actions(records motions,votes, etc.). 89 Provide the capability to prepare meeting notes y (e.g.,the offline agenda version should allow each user to make notes for each agenda item;the proposed solution should provide the ability to make notes on agenda items on mobile devices.). 90 Provide for search of agenda items,full text or Y metadata. 91 Ability to OCR documents in order to allow search Y of text within documents. 92 Ability to print any search result. Y 93 Allow searches by date and/or within date ranges. Y 94 Support grouping and searching documents Y based on metadata content. 95 Search on agenda titles,agenda content, Y supporting materials content, supporting material annotations. 96 Public can search meeting agenda, minutes/after- Y actions and associated documents simultaneously. 97 Return a list of all search results with links to the Y agenda item and supporting documents within the respective agenda. 98 Ability to search for records related to vote(e.g., Y Reporting module can accommodate how many time a Commissioner/Mayor voted Yes, his No, abstained,etc. 99 Ability to search for records regarding meeting Y Reporting module can accommodate attendance(list meetings in which a his Commissioner/Mayor was absent). 100 Ability to use workflow post meeting for tracking, See 83-85 numbering and signing of documents. Document Management 101 Prepare follow-up legislative documents from files N Document management functions can submitted with item. be done in Laserfiche. 12 102 1 Export selected files to Laserfiche for archive. Y Reports 103 Generate calendar of scheduled items on future Y agendas by date range,department,etc. 104 Generate statistical and performance reports(e.g. Y tabulation of agenda items for reimbursement claims,tabulation of agenda items by departments for cost allocation studies,and other reports). 105 Ability to support flexible user-friendly query Y Reports are configured to your capability based on user-defined criteria. standard 106 Ability to export reports to Microsoft Excel and Y Word. 107 Ability to print reports. Y Functional Features(contd.) Response Yes/No System Technology 108 Software should have a sharepoint interface N capability. 109 Single Sign-On through Active Directory Services. Y Only available when locally hosted 110 Able to integrate with Microsoft Exchange. y 111 Ability to integrate with electronic document Y See section on Laserfiche integration management systems for seamless depositing of below final agendas into the archive(currently running Lase rfiche/Weblink). 112 Ability to integrate with folio system currently Y NovusAGENDA makes extensive use being utilized by the City. of XML so data exchange with other systems is available but may require additional programming and cost based on requirements. 113 Allow third party reporting tool to access database Y Only available when locally hosted for ad hoc queries and reporting. 114 Provides user-dependent views/security based Y on role. 115 Provide adequate security to safeguard Y documents, processes and existing data from non-administrative users. 116 Ability for system/database to be hosted locally Y on company's network. 117 Technical support provided with software. Y 118 Upgrades included in the maintenance price. Y 119 Ability of system to time out users due to inactivity Y of their client connection (admin configurable time limits). 120 Ability of system to lock files as they are edited to Y avoid revision contention issues. 13 121 Allow off-line editing/reviewing of documents to N be later resynchronized and resume workflow 122 Allow remote access. Y System Support 123 Software support should be available and Y provided by the vendor via a telephone hot line backed up by a minimum of three support personnel available and a complete line of computer hardware to be able to test and re- create any software situation. 124 Software support must be available during the Y City's"normal" business hours,which are Monday-Friday,8:00 a.m.—5:00 p.m., Eastern Standard Time,with access to support personnel after hours and on weekends. It is desired that any user have access to support personnel for questions. 125 Provide end user training options(both initial and Y follow-up). 126 Provide administrator-training options(both initial Y We offer both onsite and remote and follow-up) raining options. Remote training is included at no added cost. Onsite raining is quoted in our cost section and can be expanded as needed at the same daily rate. We also provide Web based training videos are also available to all clients at no added costs. 14 Mobile Devices NovusAGENDA is a web based solution that stores all data in a database. We do not store whole documents in a database but all the little bits of information about each item. This design enables us to easily change the presentation of information to different audiences. Taking a quick look at a sample agenda item creation screen we see examples of all the different data points that are stored in their own fields in the database. In the sample below Budget Code, Management Goals, Description etc are all stored in separate data fields. This feature allows NovusAGENDA to pull this information and present it in different layouts for different audiences. N,jends t.a36QCr� "r^-;as r 'des.:y t s:*r:^. •:,r-w:3 •:rsi�.a:=1 .::sa-:a�..cn,7 ':rn^r s teen►�rdrj6ttO o fas nn &rdget Cade: Cues tr"support a current manactem,erft gac? 0 fez Be N.s wWfnan;C.aaf Sub Categorfi Adeq'.1-3:l'S3Si:ii'f:;'?and J @ititi E'S uAnawmew Gate This u-m>up,,ens,!;e�:al v;; the)s dcme s:,sw Statsri»Q: riem t Hangs N'otin-AGENDA is an dectrmttil_tncetiuy aL.mag:maent Qahaac;issigt rd to bc�p ctes c, a prave amd Track trek fttf pav dIId-i=rr[&;.Jj mre6ng's i'Ce s me zhi ill can'e'd hj a ouaawrg the agenda mid mcc=.g ma age Rena pQtTCns has:ts:oLTAled uxr;imce.C!0_ Secs yea,Xo•usrl(sF�F)�l nom sk.Au r.\cK°rsSQa.R�7''Ell,iar��^ia3 the arts p:iaet vt [ICCti'o6c dLLI di.'L35 to the tsagrr;ips af each h�-d mcasbet Na%us lGE�DA i; Case ter.ahiea m2pow-rs.ca;=V-1DOM%ith t!x a$'T::o C;Cale _use!Zrack _ Pascua tmodet 13 : (t * a S a 0 ae 44 J / .a.c i-4;6' e°°r Sample item creation page When Mobile or Tablet users visit your site NovusAGENDA can do a browser and device detection and render information in a layout that is consistent with the nature of that device. Users on a smart phone will see a different layout than users on a PC. This feature allows us to insure data is presented in a format that is usable to the visitor. If all you present is a PDF file, you lose this capability. NovusAGENDA gives you maximum flexibility to serve the emerging mobile community out of the box with no added effort on your part. 15 demopu6Ye.rwvanrMrYa+e�omlloofa Neagnyvlew aspx?meeU4gtd-210 + t+, Tn,s s YOUR r' v organization A;EVJA Maiaps-nsnt Maio Easy Board Chair: James Stewart Henry Fonda Audrey Hepburn Ima Nobody John Wayne AGENDA June 28.2012-?90 PM Coll to Order Roll Call Proclamations Reports To the Board Consent I'-nrorol Cm�:nn Laserfiche Integration NovusAGENDA partners with Laserfiche document management to offer agenda and meeting automation that fully integrates with existing Laserfiche Document Management Software. • Export final agenda packets to Laserfiche for final storage—Your board clerk or secretary can export the entire agenda packet directly into Laserfiche for automatic indexing and final storage. All this is done with one mouse click. • Export the final Minutes packet to Laserfiche for final storage -Your board clerk or secretary can export the entire minutes packet directly into Laserfiche for automatic indexing and final storage. All this is done with one mouse click. Board Management Term Tracking NovusAGENDA ships with a full board and committee management function. This allows you to manage active boards and committees as well as their active and past members. Public can see your active board, understand who is one each board and see the term each member has. They can even see appointments made by each member. This feature really brings a new level of transparency to Government. • Create and manage as many boards and committees as needed • Add and inactivate members of each committee • Link members to who they were appointed by if they are appointed and not elected. 16 • Post a description of each board and their mission for public view • Post Biographies for each member and post to the public Electronic Voting This optional module is available to enable board members to cast votes electronically. Members simply click on the vote on their electronic device such as a laptop or tablet device. Votes are recorded automatically then an optional public display will show the votes to the attending public immediately upon confirmation of votes. The voting module also includes an optional Request to Speak feature which can be enabled at any time for any item or can be used for the entire meeting. Board Members click on request to speak. This action queues up speakers in the order they have requested to speak. The meeting moderator then calls on the speakers in the proper order. The voting module is 100% web based, it is not an "app". This means you are not bound by any hardware choices. One member may use an iPad, another a laptop, another a droid device etc. Reporting NovusAGENDA supports full reporting capabilities. Reports can be customized to customer standards or created by the customer at any time. The NovusAGENDA database is an open scheme allowing the creation of additional reports with no restrictions. NovusAGENDA ships with many standard reports. You can add to these reports by creating custom reports that meet the needs of your organization. This flexibility enables unprecedented visibility into your legislative process. This visibility can be used to improve and expand your legislative process. Management can view any combination of data to help manage, oversee and track actions as they relate to your processes. • Track your organization's goals—organizations set goals and then communicate these goals to their citizens. Over time, the tracking of these goals can be time consuming and inaccurate. NovusAGENDA tracks and reports the goal setting process. With a few simple clicks, management can track how each legislative item supports the goals. This tracking provides documented support that can be communicated to citizens. • Track council member votes—reports can be generated to detail voting results on all legislative items. These reports are valuable to better understand how the legislative bodies are supporting the organization's goals. • Non-budgeted items—agenda items that are not budgeted can be easily tracked to better control the spending process. Reports can be generated that show all un- budgeted agenda items, the dollar amount, and whether or not the item passed. This insight is very important to help understand and control budgets. • Departmental efficiency—the legislative process is time consuming and costly. NovusAGENDA provides detailed reports on the item approval process. This detail 17 enables management to identify bottlenecks and inefficiencies in the process. By tracking the amount of time an item takes to be approved (TTA) and item accuracy, management can identify and correct efficiency robbing process and departments. Consider this, your governing body deals with the heartbeat of your organization. Every item, action and vote is valuable information to the enterprise. Collecting and managing this information in a database enables you to leverage the data to make your processes better. Better processes translate to lower costs, increased accuracy, and more transparency. How does NovusAGENDA do all of this? The answer is two-fold. 1) Smart Templates—fully customizable item templates in NovusAGENDA insure that your data is collected consistently and accurately. Because Smart Templates can be configured to practically any specification, NovusAGENDA can track and report the data that is important to your organization. 2) Relational Database—the details of every agenda item is tracked in a fully relational database built in Microsoft SQL Server. This method enables NovusAGENDA to record practically every action related to an agenda item. Once recorded, this information can be mined to provide insights and understanding that were previously impossible. Add in the fact that all NovusAGENDA reports can be exported to PDF, XML, Excel, or CSV and you have a powerful management tool that will help your organization become better. You can't do that with Word files; only NovusAGENDA offers this powerful capability. Your reports can take on the appearance you specify to reflect the information you need. Here are a few sample reports. 18 77� = q e, 7 Fie htWildernolft partPlath.=%MovusAgindaDev%2.,'Clerks,�.2fCouncd,Goal;- Winclo;,wMeq,"rMt kleeting Start Date LC13'r'20C? Meeting End Date C If 1 > 0,7. Select 3;orrra, Council Goals S Economic Grovfth (D Resoonsible Government 8 Safe City Downtown V%fork !212612009 7:00:00 PM Approved Jackson Street Route C:iange I U�26;2009 7:00:06 PM Approved New item 1126/2010 7:00:00 PM Personnel Changes 10/281:2009?:00:01)P-1 Approved Personnel Changes I V 2 612 f,'O 9 7:00:00 FM Approved Report for Energy Commission 10j26.121309 7:00:00 PM. Approved Report for Energy Commission !2/26.12009 7:00:00 PM Snow Plena Tractor Purchase !2'128/2009 7:90:00 PM Approved Sounding Program 12/26;2009 7:00:00 FM 'rext bOOKS for the high sch"I 12/28/2009 7:00:00 PM Approved —rain Schedule Update 8i2%:2009 12:00:00 ANI Approved Tree Planting 1,(26/2010 7:00:00 PM Approved El Weil Planned Community Sample Council Goal Tracking Report z , Wmw. - % - h1V/jd e r�cl�� sev xorPRepo a e0v.2fC(eft2fFisca1 7R1n3OWSJh LUQQU Meeting�,tart Date !-,3:; 2 r 0 7 Meeting End'ate 27:`20_0 Vie...4 i- I of 7 > 10 Select a tornlat Fiscal Impact ToltalUn-Budgeted: 26,001.10 AMOon Oukidiqvik 42 Bird Flu Update 12,300.55 1.21201121309 7:00:00 PM Report an Bird Flu 12,500.55 91,'2612009 7:00:00 PM AGENDA software Item 500.00 7/30,,2009 7:00:00 PM Members who need reappointment 500.00 !/2612010 7:00:00 PM 0,00 11261'20110 7:00:00 Pki Military Tribute Day 0.130 ii26/2010 7:00:00 PM Moving Main Street 0.00 1/26,;20'-10 7:00,00 P?A Nc-w item 0.00 112612010 7:00:00 PM North Park item 0.60 1j26P,'2010 7:00-00 Pki Report cri the Bridge Project 0.00 r26F'2010 7:00:010 PM 'Sidewalk linprovernent 0.00 12130•!2008 7:130:00 ANN Sidewalk linorovemfint 0.00 Ir'2912009 7:00:00 FA4 Approved Sample non budgeted item report 19 a.genda Type ree ular Agenda - MeethingTyce!D Ali meeting _;rart Date 10/31/2007 Meetir:g End Date 1 i2?."'1Ju Item Creation City Clerk 24 0 100% Finance 7 0 100% Adr,inistrabon 74 s, 100% Business 362 0 100% Humar: Resources 3 0 Sample departmental accuracy report Service Models NovusAGENDA is offered under two different service models. Clients can choose which model best suits their need. Self Hosted Clients may purchase NovusAGENDA and host it locally on their own servers or outsource the hosting to any third party hosting they choose. Under this model the client owns an unlimited use license of the software. SaaS Software as a Service is offered as well. Client may choose this option where Novusolutions will provide all hosting for the software. The client has unlimited meeting types under this license as well as unlimited users. Our Cloud Computing partner is Amazon Cloud based Web Services htt ://aws.amazon.com/. P 9P P They offer world class cloud computing solutions with full 24 X 7 backup and reliable infrastructure designed for today's complex computing challenges. Amazon Hosting NovusAGENDA Application runs on EC2 servers. http://aws.amazon.com/ec2/ Backups are run daily and stored on Amazon S3 http://aws.amazon.com/s3/ 20 Approach and Methodology 1 . Agenda Document Collection Collect all the information necessary to generate your agenda, coversheet, and minutes. List of Meeting Types The name of all meeting types you would like to manage in NovusAGENDA. Examples would be Regular Council, Special Council, Workshop, Planning, Zoning, etc. Sample Agendas One agenda example for each meeting type. If possible, please send the examples in Microsoft Word or PDF. We only need a copy of the agenda itself and not the full packet with the backup material. Coversheets and Item Data Collection Most organizations have a document that provides detailed information about an individual agenda item. NovusAGENDA refers to this document as the item coversheet. The coversheet usually contains information about fiscal impact, recommended action, list of backup material, approval routing, etc. Is it common for different meeting types to use different coversheets. For instance, a council may use a different coversheet than a zoning commission. Please include a sample coversheet for each meeting type if the meetings utilize different coversheets. In addition to your current coversheet also include any new information you would like to collect about your agenda items. Examples include organizational goals, fiscal impact amounts, whether an item is budgeted or not, etc. Minutes . The corresponding minutes for each sample agenda provided. For instance, if you have provided a copy of the August 10th agenda as a sample please provide a copy of the minutes from August 10th 2. Workflow Document Collection Collect all the information necessary to create the approval routes for your agenda items. Depending on the complexity of your organization, this process can take weeks to complete. Even though workflows are configured later in the project it is important to begin the workflow discussions with key departments early in the project. List of Departments Provide a list of all the departments within your organization. If present, also provide a list of the divisions within large departments. Workflows Workflows are the paths an agenda items takes within your organization from the point it is created until the point when it is approved for final placement on the agenda. Workflows can vary significantly from one organization to the next so we always start with a default workflow and make modifications to meet your organizations specific needs. 21 You will need to provide Novusolutions with Departmental Workflows and Organizational Workflows (Novusolutions will provide you with a workflow worksheet to help the documentation process). Both workflows are defined below. Departmental Workflows The default workflow for a department routes the item from an Item Creator to an Item Approver. This Item Approver is usually the department head responsible for"signing off' on the item. Larger departments may have multiple approvers between the person who creates the item and the department head who approves the item. Some departments may have different workflows for different types of items. For instance, contracts may take one route in your legal department while litigation issues take a different route. Organizational Workflows These workflows define the route an item travels once it has been approved by the department head. For instance, a contract may go to legal, purchasing, then your agenda preparer. A proclamation may go straight from the department to the agenda preparer with no additional steps. 3. Initial Configuration Novusolutions will configure the agendas and coversheets within NovusAGENDA based upon the sample documents provided. 4. Initial Training and Testing Novusolutions will conduct training and testing with you in the following areas: Agenda Preparer Item Creation Meeting Management Training Novusolutions will conduct web-based training with the agenda preparer staff. This training will cover how to create agenda items and how to manage meetings within NovusAGENDA. The training lasts about one hour and at the conclusion of the training the agenda preparers will be able to follow a testing script to begin testing NovusAGENDA. Agenda and Coversheet Formats Initial testing will focus on the appearance, order, and completeness of the agendas and coversheets. The agenda preparers will take note of any display issues with agendas and coversheets for all agenda types. The initial testing will also publish agendas to the public, intranet, and board sites. These sites will be tested to insure the appropriate information is being published to the correct site (i.e. executive session attachments are only visible in Board View). The timing of the agenda publishing will also be test (i.e. whether or not the board sees an agenda before the public). 5. Final Configuration Once the initial testing is completed Novusolutions will begin final configuration. 22 Departments All departments and groups will be created in accordance with the information obtained during the Workflow Document Collection. Workflows Departmental and Organizational workflows will be created in accordance with the information obtained during the Workflow Document Collection. Minutes The minutes will be configured for each meeting type. 6. Final Training and Testing Administration Training Staff members designated as Administrators will be trained on the all system administration functions of NovusAGENDA. Create System Users The designated Administrators will create the user accounts and assign the users to the appropriate groups. User Training Web-based training will be provided for all agenda item creators and approvers. Training will last 60 minutes per session and there is a maximum of 15 people per session. Workflow Testing Agenda item creators and approvers will follow a test script to create, submit to workflow, review, and approve items. Agenda Preparer Minutes Training The staff members responsible for creating the minutes are trained on the minutes module. This training session take one hour to complete. Parallel Full System Test All users of the system will create a "mock agenda" in NovusAGENDA in parallel with their normal agenda process. This will provide a final test of all aspects of the system. Board Member Training Board members are trained to access and annotate the agenda through NovusAGENDA's Board View. This training session takes about 20 minutes to complete and is best conducted before a regularly scheduled meeting to comply with meeting notice laws. 7. Go Live After the successful parallel test you are transition to "live" status and assigned a Novusolutions' Support Representative to assist you with any questions or issues. Your project manager will stay engaged in your project for approximately 30 days after you go live to insure a smooth transition to the Support team. 23 Timelines Stage Time after PO Agenda Document Collection 7 days Workflow Document Collection 14 days Initial Configuration 21 days Initial Training and Testing 25 days Final Configuration 35 days Final Training and Testing 40 days Go Live 45- 60 days References NovusAGENDA is deployed at over 200 locations with clients using both our self-hosted and SaaS models based on customer preference. All our clients enjoy full product support and free upgrades through our ongoing support and maintenance program. Clients use a variety of search options for the public to view their agenda. Some clients prefer to deploy their own search options based on historical preference and NovusAGENDA supports that choice. Most clients use our NovusAGENDA public search page but the choice is yours. As you see a variety of options on how to display agenda to the public in our references, keep in mind that clients choose which options to use based on their preferences. This fact emphasizes the flexibility offered by NovusAGENDA to accommodate your organization needs to display information to various audiences. Florida City of Punta City of North Miami Beach City of Plantation Gorda Joanne Callahan Susan Slatery Elizabeth Meneenly (305) 787-6001 954-797-2237 941- 575-3302 ioanne.callahan(c�citynmb.com SSlattery(aD-plantation.org emeneely(d-)ci.punta North Miami.Beach, FL Pop 39,000 Plantation, FL -gorda.fl.us http://www.citynmb.com/index.asp?Tvp Pop- 86,000 Punta Gorda, FL e=B BASIC&SEC=%7B57FACF4A- Pop-16,641 2C56-48B6-A774-4888EOB3F88E%7D NMB uses their own search page interface which all clients are able to do if they prefer that. City of Tamarac City of Sunrise City of Oakland Park James Twigger Lourdes Lawrence Janette Smith 24 954-597-3904 (954) 746-3255 954-630-4298 iamest(aD-tamarac.or L Lawrence(a)cityofsun rise.orq JanetteSCcD-oaklandparkfI.org g Sunrise, FL Oakland Park, FL Tamarac, FL Pop- 84,000 Pop -41,000 Pop- 60,000 http://www.tamarac. orq/city- departments/city- clerk/commission- agendas.aspx Search page embedded in client web page City of Daytona City of Clearwater Town of Miami Lakes Beach Angela Aldrich Marjorie Tejeda Letitia LaMagna 727-562-4656 305-512-7135 386-671-8025 angela.aldrich(a)myclearwater.com teiedam(c_miamilakes-fl.gov lamagnal(d-)codb.us Clearwater, FL Miami Lakes, FL Daytona Beach, FL Pop-107,685 Pop-30,000 Pop-61,000 City of Fort Pierce City of Saint Cloud City of Orlando Cassadra Steele Ivy De La Cruz Lola Kornegay 772-460-2200 x 362 407-957-7320 407-246-3280 csteele(a_city- idelacruz d( stcloud.org Iola.kornegay(a_cityoforlando.n ftpierce.com Saint Cloud, FL et Fort Pierce, FL Pop-36,163 Orlando, FL Pop-41,590 Pop-243,195 City of Alachua Charmagne Manning 386-418-6103 cmanning(2cityofala chua.com Alachua, FL Pop— 7,000 Pasco County Schools Santa Rosa County Schools Vickie Herring Marilyn Pugh 813-794-2649 (850) 983-5010 vherringgpasco.k12.fl.us pughM(aD-mail.santarosa.k12.fl.us Land O'Lakes, FL Milton, FL https://agenda.Pasco.k12.f1.us/ Pop-39 Schools Pop-81 Schools and Education Centers California Yorba Linda Water District Mono County City of Los Angeles 25 Pat Grady Clay Neely Karen Rodriguez 714-701-3080 760-932-5503 213-978-0349 pgrady(a-)-ylwd.com cneelyCa).mono.ca.gov karen.rodriguezCcDlacity.org Yorba Linda CA Bridgeport, CA 93517 Los Angeles, CA 90012 Pop- 66,000 Pop 13,000 Pop 3, 819,702 City of Hanford City of Upland City of Coalinga Melonie Patrick Stephanie Mendenhall Sean Brewer (559) 585-2500 909-931-4121 559-935-1533 x143 MPatrickC?cityofhanfordca.com smendenhallC@-ci.upland.ca.us sbrewer(cD-coalinga.com Hanford, CA Upland, CA Coalinga, CA Pop- 12,000 California Commission on POST Connie Paoli 916-227-2803 connie.paoli(a-)-post.ca.gov Sacramento, CA Georgia Spalding County City of Cartersville City of Griffin Ricky Clark Elaine Edwards Todd Pratt 770-467-4289 770-387-5686 770-229-6400 rclarkCc�-spaldingcounty.com eedwardsCcDcit\/ofcartersville.org tprattCo�cityofgriffin.com Griffin, GA Cartersville, GA Griffin, GA Pop—64,000 Pop- 16,000 Pop 23,000 Illinois Village of Arlington Heights Town of Bensenville Robin Ward Dan Di Santo 847-368-5700 630-350-3400 rrward(c�vah.com ddisanto(aD-bensenville.il.us Arlington Heights, IL Bensenville, IL Pop— 75,000 Pop 18,352 New York City of Elmira Chemung County Croton on the Hudson Linda Schornstheimer Linda Palmer Paula DiSanto 607-737-5644 607-737-2066 914-271-2013 Ichornstheimer(cDcityofelmira.ne IpalmerCa)-co.chemung.ny.us pdisantoCa)-crotononhudson- t Elmira, NY ny.gov Elmira, NY http://chemungr)ublic.novusag Village of Croton on the http://elmirapublic.novusagenda. enda.com/ Hudson, NY com/ Pop-88,840 Pop-8,127 NovusAGENDA Hosted Pop-29,200 North Carolina 26 I City of Albemarle New Hanover County Town of Cornelius Michael Ferris Sandra Craig Lori Pearson 704-984-9410 910-798-7425 704-892-6031 mferris(a)-ci.albemarle.nc.us SCraig(c�nhcgov.com Ipearson .cornelius.org Albemarle, NC Wilmington, NC Cornelius, NC Pop- 15,000 Pop- 193,000 Pop 15,000 Uses Video Services http://corneliuspublic.novusa genda.com/ a of Pinehurst Villa Town of Richlands g Gregg Whitehead Lauren Craig 910-324-3301 910-295-1900 richiandsnc(cDembargmail.com Icraig(aD-vopnc.org Richlands, NC Pinehurst, NC I 27 I APPENDIX "C" COST PROPOSAL RFP 2014-001 IMF, ELECTRONIC AGENDA SYSTEM The City is seeking a total solution that addresses the needs outlined in this RFP, vendors may not respond a la cart to items identified in this proposal. PROPOSER'S NAME: Novusolutions - NovusAGENDA Proposers may submit further detailed attachments to the cost proposal. However, all costs must be categorized in one of the categories below. SOFTWARE, IMPLENTATION & FIRST YEAR HOSTING FEES Software Cost to include software module fees and $ 8,500 per year any other expense related to the acquisition of the IMPLEMENTATION SERVICES Professional Services/ Project Management and $ 3,000 onetime fee Implementation Costs YEARLY ALL-INCLUSIVE FEES (2-5 YEARS) All-Inclusive Yearly Fees for Five Years, including $8,500/YEAR Maintenance, Support, Licenses, etc. ONSITE TRAINING (2 day minimum) Inclusive of travel expenses User Training (up to 100 individuals) — 2 day $1,950/ DAY* (Minimum minimum four sessions per day) $1,950/ DAY* (Minimum Train-the-Trainer Training (up to 12 individuals) — 1 two sessions perday) TOTAL COST $ 51,350 for 5 years 28 PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose:,The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME:Novusolutions No of Years in Business:13 No of Years in Business Locally:13 in Florida No.of Employees:11 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:Inobbar LLC dba Novusolutions FIRM PRIMARY ADDRESS(HEADQUARTERS):2900 Glades Circle CITY:Weston, STATE:FL 33327 TELEPHONE NO.:800-274-5624 x 702 TOLL FREE NO.:800-274-5624 x 702 FAX NO.:954-337-0716 FIRM LOCAL ADDRESS:2900 Glades Circle CITY:Weston STATE:FL PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:John Kercher ACCOUNT REP TELEPHONE NO.:800-274-5624 x 702 ACCOUNT REP TOLL FREE NO.:800-274-5624 x 702 ACCOUNT REP EMAIL:jkercher @novusolutions.com FEDERAL TAX IDENTIFICATION NO.:59-3665533 The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, pp Ica le licensure, r sume of relevant individuals, client information, financial information, or any information the City dee=ssary to eval capacity of the proposer to perform in accordance with contract requirements.Miami Beach Based (Local)Vendor. Is proposer a Miami Beach based firm?NO YES NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami Beach Based Vendor. 2. Veteran Owned Business. Is proposer a veteran owned business?NO 0 YES 0 NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 29 I 3. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past five(5)years. If Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. No Litigation has ever occurred 4. References & Past Performance. Proposer shall submit at least three(3)references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency?NO 0 YES NO SUBMITTAL REQUIREMENT: If answer to above is"YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT:Submit the names of all individuals or entities(including your sub-consultants)with a controlling financial interest as defined in RFP. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. None have made contributions of any sort 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 8. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procuremenv. We will adopt the standards 9. time to Rome 30 Onreemen} }he he, dy li�iinn wage rates listed he4* I— GGITIFReIlGing With City fiSGal yeaF 2012 13 (QGtGbeF 1, 2042), the hG61F1y IiViRg Fate will J be $11 29ihi;with health benefits and $42 92/4 Wi}hA } hA U The IiViRg wage Fate and health GaF8 beRefitS Fate may, by ReG91161tiOR 9f the Gity GE)FRFAISSiOR be 'PdeXe4 aRRually fe iec„er! by}he I I C 0 wage Fate iR aRy pa4iGU!aF yeaF, detem;!Res it w9wid RGt be fiGGally GGWRd to same(4F;a paFtiGUIa 7ea4. Pii:eposeFs' fail4e tG GOFRPIY With this PFOViSiOR shall be deemed a FnateFial bFeaGh YRdeF this pi;eposal, tiff eF—Which t116 Gity may, at its 6ale Gptiep, immediately deem said piceposeir as F;on-respGA6iVe, aR4 OFdiFlaRGe,as amended.--FFFthei; 641)Finatien OR the LI`v'iRg neRt is available ai SUBMITTAL REQUIREMENT; No addit'GRal 6ubR;4#al 'S FeqUiFed. By YiFtye of exeWiRg this affidavit agFees to the liVinn wane requirement. 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to an benefits to employees with spouses or to spouses of employees?Yes II YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners*or to domestic partners of employees?Yes 0 YES NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Sp ouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procuremenY. 31 11. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that 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 proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt JK Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. 32 Disclosure and Disclaimer Section The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award,or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation, Following submission of a Proposal or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates,officers,directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement- The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto,are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete,to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP,or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. 33 PROPOSER CERTIFICATION I nere0y certlty tnac I, as an autnonzed agent of the Proposer, am suomitting the o owing information as my firms proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this RFP, all attachments, exhibits and appendices and the contents of any Addenda released 'hereto, and the Disclosure and Disclaimer Statement: proposer agrees to be bound to any and all specifications. terms and conditions contained in the RFP, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted, Proposer has not divulged. discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses: data and information contained in this proposal, inclusive of the Proposal Certification, 77-T1711111M T111 Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: John Kercher Managing Partner Signature of Proposer's Authorized Representative: Date: 11-27-13 State of FLORIDA ) On this day of ,20 personally appeared before me who County of ) stated that (s)he is the of a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: 34 a Meeting Management a Solution Cit y of Miami Beach I RFP 2014-001-MF 2-3-14 Additional Information !'y pct: 10012 N. Dale Mabry Hwy Suite 115 Tampa, FL 33618 800-274-5624 Ext 702 =.JS.13-1 Tab Z Experience and Qualifications Firm Histor^v Novusolutions 10012 N. Dale Mabry Hwy Suite 115 Tampa, FL 33618 800-274-5624 Ext 702 Fax 954-337-0761 Novusolutions was founded on the belief that the Internet could provide better solutions at a lower cost to customers. This belief is at the core of everything Novusolutions does. Novusolutions never takes on a project until we understand the cost to our customer and the expected benefit. This approach insures our customers receive the highest possible return on their technology investments. At Novusolutions,we like to refer to ourselves as an "Old Fashioned"tech company. We have a wide variety of technical expertise on staff but business professionals run our company. Our 20+years in the technology industry has taught us that companies are built through hard work, customer service, and honesty. New economy or old,there are no substitutes for working hard to make sure your customers are happy. Novusolutions uses a development methodology that is founded on the use of reusable coding templates. Novusolutions designs the code templates to meet certain specific business needs.The templates are developed and deployed as completely customized solutions. The use of solution templates allows Novusolutions to develop and deploy mission critical solutions in a timely and cost effective manner. All solutions are customized to meet client needs insuring ease of use by client staff with minimal training required. In short, Novusolutions is in the business of providing cost effective technology solutions for customers interested in maximizing their Return on Investment(ROI). Novusolutions focuses on two major market segments, Education and Government.These two markets are served nationwide and in Canada with software products designed to meet specific requirements. Novusolutions serves clients from offices in Tampa and Weston Florida. http://www.Novusolutions.com Officers and Staff Novusolutions is privately held by two principal officers: Jay Vickers John Kercher The company was founded in the year 2000 by these two individuals. The company has always been privately funded. Novusolutions is profitable and does not have any long term debt outside routine lines of credit used for operating purposes. Staf Novusolutions operate two offices in Florida that serve the United States and Canada. Our South Florida office is located in Weston, FL and houses our sales and marketing team. Our Tampa, FI office houses our development, project management and support staff. All primary staff are full time employees. We do not outsource development or support services and believe that full time dedicated employees are the key to solid customer service,consistency and success. Novusolutions offers a comprehensive set of benefits to all full time employees. Our Philosophy Novusolutions was founded on the belief that the Internet could provide better solutions at a lower cost to customers. This belief is at the core of everything Novusolutions does. We have been a "Green" company since the year 2000,when fuel prices were not headline news. Working with Government and Educational clients from the very beginning has allowed us to see an opportunity to save customers time and money through electronic automation of paper intense processes.That has been our business since our very first day. Helping customers shift from paper to electronic solutions means more than just installing some software. In many cases it means helping them make a cultural shift that can be painful and slow to implement. We feel we owe it to our clients to share our experiences in this area so we offer a full line of consulting services designed to help clients navigate those difficult transitions. After deployment we offer full technical support for the first year at no added costs. Most software companies charge added fees for this service but Novusolutions believes our clients deserve continuing support to "keep the ball rolling" after deployment. Novusolutions currently serves over 200 Municipal Clients using NovusAGENDA. We have deployed the solution at large cities such as Orlando Florida and Los Angeles California, hundreds of mid sizes cities and many small cities and towns as well. We have extensive experience deploying meeting automation technology for municipal clients. Financial Overv!PY/ As a small, privately-held company, Novusolutions does not maintain audited or reviewed financials and does not disclose detailed financial information. The majority of Novusolutions is owned by two owners actively involved in the day-to-day operations of Novusolutions. This ownership structure has not changed from the inception of Novusolutions in 2000. Novusolutions enjoys a stellar credit rating and maintains two short-term lines of credit with Wachovia Bank and First Citrus Bank. Novusolutions plans to continue growing revenue while increasing profitability. The "owner-operators" of Novusolutions are dedicated to running a company that is focused on meeting the needs of its customers while responsibly growing their company. Sincerely, Bank Reference: 44.•f'i First Citrus Bank John Kercher Jack Barrett-President Managing Partner 10824 N. Dale Mabry Hwy ikercher @novusolutions.com Tampa, FL 33618 800-274-5624 X 702 813-926-1314 Our Team Once you issue an order for NovusAGENDA a project manager will be assigned to work with your team to deploy NovusAGENDA. We have several members on our project team and we assign specific team members at the time of order based on current workload and schedules. A typical Project manager at NovusAGENDA has: • Minimum 9 years with the company • Minimum 9 years deploying software solutions for Municipal Clients. • Extensive technology experience • Excellent communication skills • Excellent training skills—minimum 5 years training experience All of our staff are full time employees working in our offices in either Tampa or Weston Florida. We do not outsource any labor components of our business. An example of a resume for one of our Project managers: Education BA Degree in Business Administration University of Florida Experience Technology Training Company • Over 5 years experience with a major technology training company that included training room experience as well as General Manager responsibilities. • 5 years experience managing technical people—Knowing how to communicate with technically oriented people is a work environment. • 4 years experience on classroom training • 4 years experience with compiling custom training plans to meet complex client needs • 5 years experience working with technical customers Novusolutions • 10 years experience deploying complex software solution to municipal Government and Education clients. • 10 years experience managing technical staff • 10 years experience dealing with clients on complex problems with special expertise in workflow and business process solutions • 10 years experience training on software solutions. End user training, Clerk training, board member training and IT staff training PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain SOLICITATION and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME:Novusolutions No of Years in Business:13 No of Years in Business Locally:13 in Florida No.of Employees:11 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:Inobbar LLC dba Novusolutions FIRM PRIMARY ADDRESS(HEADQUARTERS):2900 Glades Circle CITY:Weston, STATE:FL 33327 TELEPHONE NO.:800-274-5624 x 702 TOLL FREE NO.:800-274-5624 x 702 FAX NO.:954-337-0716 FIRM LOCAL ADDRESS:2900 Glades Circle CITY:Weston STATE:FL PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:John Kercher ACCOUNT REP TELEPHONE NO.:800-274-5624 x 702 ACCOUNT REP TOLL FREE NO.:800-274-5624 x 702 ACCOUNT REP EMAIL:jkercher @novusolutions.com FEDERAL TAX IDENTIFICATION NO.:59-3665533 The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, pp pica le licensure, r sume of relevant individuals, client information, financial information, or any information the City dee=ssary to eval6ate th capacity of the proposer to perform in accordance with contract requirements.Miami Beach Based (Local)Vendor. Is proposer a Miami Beach based firm?NO YES X NO SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami Beach Based Vendor. 2. Veteran Owned Business. Is proposer a veteran owned business?NO 0 YES 0 NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 3. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. If"No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm,in the past five(5)years. If Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. No Litigation has ever occurred 4. References & Past Performance. Proposer shall submit at least three(3)references for whom the proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. See references section 5. Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency?NO YES X NO SUBMITTAL REQUIREMENT: If answer to above is"YES," Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code, Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. SUBMITTAL REQUIREMENT:Submit the names of all individuals or entities(including your sub-consultants)with a controlling financial interest as defined in RFP. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. None have made contributions of any sort 7. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 8. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procurement/. We will adopt the standards 9. Leving Wage. PyFswapt to SeGtieF; 2 408 of the Miami 6eaGh City Code, a6 same Fnay be amend-ed- fre.m time to time. Agreement, t,the heFIY lining range Fetes listed helot OG_.MM@RGing With City fissal year 2012-13 (OGteber,202), the I,e„FI„ 11141 n„ Fates W;4 he $11 2914 4th health benefits and $17 02Ar yiitheut benefits The WiRg Wage Fate @Rd health GaFe beRefits Fate FRay, by ReGGlUtIOR of the Gity Gommissien be aRRyally fe t no annual Fi;dev shall evneed three 0 deteFmiRes it would Rat befiGGally sound to implement same(iR a paFtiGWIaF wage Fate OR aF;y paFtiGWIaF�,������rr\�T t 7� PFGPGSeFS' failYFe t9 GOR;Ply With th! hall be deemed a FnateFlal bFeaGh WRdeF this pFepesal, undeF WhiGh t addItIORal--peealtieTafl fines, as ppa ided iR the r�T' „ �,,Rg-Wage I iVi W a eaitir eat available a} �,-reg�,-age—r-�ea��is a��l�—� dO . 10. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?Yes X YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners'or to domestic partners of employees?Yes X YES NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfi.gov/procuremenY. 11. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that 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 proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has.not been placed on convicted vendor list. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt JK Addendum 1 Addendum 6 Addendum 11 JK Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. Disclosure and Disclaimer Section The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Proposal or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto,are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP,or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. PR P MFR F TIFIC'ATI N hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal: Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this RFP, all attachments, exhibits and appendices and the contents of any Addenda released hereto. and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the RFP, and any released Addenda and understand that the following are requirements of this SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged. discussed or compared the proposal with other Proposers and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained 'herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: John Kercher Managing Partner c^^,3fi ira^f pr^r)oser's Authorized Representative: Date: 11-27-13 Response to Addendum 2 Section 11 changes do not alter our response in any way. Paragraph 5 in Section III—We offered a cloud based solution and recommend that option for the City. We do offer the option to host onsite on your own servers at the same cost as quoted for the cloud based system.There is not cost difference. Section III Scope of services No change in our response to item 1, 109 or 112. Issues discussed during the pre-proposal conference 1. NovusAGENDA supports VM deployments 2. NovusAGENDA database is MSSQL 3. NovusAGENDA offers optional Laserfiche integration. We have been a Laserfiche PDF partner over 6 years and are the recommended solution by Laserfiche. 4. NovusAGENDA is fully functional with MS Exchange. 5. NovusAGENDA is not based on Apache We have reviewed the questions from vendors and the City Responses.This list of questions does not alter our response. �C®® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/09/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kelly Jones Jaffe Tilchin Wealth Management, Inc. PHONE (813) 64-5550 I FAX (813)960-2783 15350 N. Florida Ave A/c No Ex t): ) I A/c No Tampa, FL 33613 ADDRESS: kelly@jaffetilchin.com INSURER(S)AFFORDING COVERAGE NAIC N INSURER A: St Paul Fire and Marine Ins Co 24767 INSURED Inobbar LLC DBA Novu Solutions INSURER B: The Travelers Ins Co of America 25666 10012 N Dale Mabry Hwy Tampa, FL 33618 INSURER C INSURER D INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I IADDL SUBRi POLICY EFF 1 POLICY EXP LIMITS LTR TYPE OF INSURANCE I. POLICY NUMBER MM/DD/YYYY MWDD/YYY A GENERAL LIABILITY Y ZPP-12R40938-13-15 01/22/2014 01/22/2015 I EACH OCCURRENCE � $ 1,000,000 1 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 250,000 PREMISES Ea occurrence $ CLAIMS-MADE IV,, OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE 1 $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 1 $ 2,000+000 PRO- POLICY F JECT n LOC j 1 $ A I AUTOMOBILE LIABILITY i BA-343M5289 01/22/2014 01/22/2015 COMBINED SINGLE LIMIT Ea accident 1 1,000,000 ANY AUTO I BODILY INJURY(Per person) 1 $ ALL AUTOS OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED I PROPERTY DAMAGE 1 $ HIRED AUTOS AUTOS Per accident 1 � $ A I UMBRELLA OCCUR I ZPP-12840938-13-15 01/22/2014 01/22/20151 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB HCLAIMS_M 1 AGGREGATE $ 1,000,000 DED RETENTION$ I I I $ B WORKERS COMPENSATION I UB 1 E041160 01/22/2014 01/22/2015 T R S LIMITS I OTH-1 AND EMPLOYERS'LIABILITY ER ANY PROP RIETOR/PARTNER/EXECUTIVE Ya N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If es,describe under 1,000,000 DESCRIPTION OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT 1 $ I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Miami Beach,its mayor,council,officers,agents,employees and volunteers are included as additional insureds as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1700 Convention Center Drive ACCORDANCE WITH THE POLICY PROVISIONS. Miami Beach,FL AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD N bbar LUZ- SECTION 6 1f solktitons INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and Consultants, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, Consultants, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3 I Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Chapter 440, Florida Statutes. B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability, Products/Completed Operations, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown, as an additional insured with respect to this coverage. C. Automob,ile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach roust be shown as an additional insured with respect to this coverage. 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 "B" as to management, and no less than "'Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. 4 Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE, 3RD FLOOR MIAMI BEACH, FL 33139 Attention: Risk Manager The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-Consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUEIJURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in IUliami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the 5 performance or non-performance of any obligations imposed -upon—the--City—by--this--- ------ Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 [INTENTIONALLY DELETED] SECTION 10 GENERAL PROVISIONS 10.1 REPORTS, AUDIT AND INSPECTIONS Within fifteen days from the end of each month, Consultant will provide the City with monthly reports, in a format to be agreed upon by Consultant and the City, substantiating the Services which consultant is providing for the City, including without .limitation, the reporting of a support issue and the response time in connection with said support issue. Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9A�I1 — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manger may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the `Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 6