General Agreement for Services
GENERAL AGREEMENT FOR SERVICES
This Agreement for Services (this "Agreement") is made effective on or about
December 01, 1999, by and between the City of Miami Beach located at 1700
Convention Center Drive, Miami Beach, FL 33139 and Information On Demand, Inc.
of PO Box 600, Winter Park, Florida 32790-0600. In this Agreement, the party who
is contracting to receive services will be referred to as City of Miami Beach, and the
party who will be providing the services will be referred to as laD.
1. DESCRIPTION OF SERVICES. Beginning on December 01,1999, laD will
provide the services described in the attached "Proposal for Services"
2. TERMffERMINA TION. Either party upon 30 days written notice to the other
party may terminate this Agreement.
3. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries,
inventions, patents, products, or other information (collectively the "Work Product")
developed in whole or in part by laD in connection with the Services will be the
exclusive property of IOD.
4. CONFIDENTIALITY. IOD, and its employees, agents, or representatives will not
at any time or in any manner, directly or indirectly, use for the personal benefit of
IOD, or divulge, disclose, or communicate in any manner any information that is
proprietary to City of Miami Beach unless so directed by City of Miami Beach. IOD
and its employees, agents, and representatives will protect such information and treat
it as strictly confidential. This provision will continue to be effective after the
termination of this Agreement. Upon termination of this Agreement, laD will return
to City of Miami Beach all records, notes, documentation and other items that were
used, created, or controlled by laD during the term of this Agreement.
5. WARRANTY. IOD shall provide its services and meet its obligations under this
Agreement in a timely and workmanlike manner, using knowledge and
recommendations for performing the services which meet generally acceptable
standards in laD's community and region, and will provide a standard care equal to
or superior to care used by service providers similar to laD on similar projects.
6. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties, and there are no other promises or conditions in any other agreement whether
oral or written concerning the subject matter hereunder. This Agreement supersedes
any prior written or oral agreements between the parties.
7. SEVERABILITY. If any provision of this Agreement will be held to be invalid or
unenforceable for any reason, the remaining provisions will continue to be valid and
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enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision will be deemed to be written, construed, and
enforced as so limited.
8. VENUE. The laws of the State of Florida shall govern this agreement. Venue shall
be in Miami-Dade County, FL.
9. ATTORNEY'S FEK In the event of litigation the prevailing party shall be entitled
to receive reasonable attorney's fees and costs.
10. TERMINATION FOR DEFAULT. The performance of the Agreement may be
terminated by City of Miami Beach in accordance with this clause, in whole or in
part, in writing with a 30 day notice, whenever City of Miami Beach shall determine
that the contractor has failed to meet performance requirement(s) of the Agreement.
11. PERIOD OF AGREEMENT. Agreement shall be awarded for a 36-month term..
renewable annually; to begin upon approval by City of Miami Beach's governing
body.
12. OPTION TO EXTEND. The performance period of any contract resulting from this
solicitation may be extended upon mutual agreement between the Bidder and City of
Miami Beach with no change in terms or conditions. Any extension of performance
period under this provision shall be in one-year increments. Any agreement or
amendment to the agreement resulting from this solicitation shall be subject to fund
availability and mutual written agreement between City of Miami Beach and
successful Bidder.
13. EXERCISE OF OPTION. Exercise of option to extend term of agreement: If City
of Miami Beach wishes to enter into an option period, 90 days prior to expiration of
this agreement City of Miami Beach shall request from the contractor their written
statement of desire to enter into a 12 month extension of the performance period.
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IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives,
have executed this Agreement effective the day and year first written above.
ATTEST:
WITNESS/CLERK
By: ~ld1u,A r
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1 (\"l Ce,"---_
Authorized Signature
Robert Parcher, City Clerk
Title
:~y of Mi1f!!Aeach of Miami Beach, FL
Neisen Ka~din, Mayor
Date:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTiOi'>J
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, Marney ~
By:
CONTRACT
Ronal . rown, President
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Date
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Proposal for Services
Introduction
IOD is a Florida corporation that provides information services to government and
private businesses. Specifically, our company provides fax-on-demand, fax broadcasting,
database management, and Internet services. This proposal outlines services being
offered to the City of Miami Beach hereinafter referred to as "City of Miami Beach".
This proposal includes a description of these services, methods of delivery and fees for
said services.
Vendor Database Management
City of Miami Beach agrees to forward an electronic file copy of its current vendor
database to Information on Demand, Inc. Information On Demand, Inc. shall specify the
file format and layout to the City of Miami Beach's MIS department.
Vendor Notification of Solicitation
Information about upcoming commodity and service solicitations shall be obtained at no
cost to the vendor by:
. Newspaper advertisement in the local paper and trade publications
where deemed appropriate.
. Public Information Requests F.S. 119.07(1)(a)
. Postings at the City of Miami Beach Office
. Via the City of Miami Beach Internet site
. Via the IOD@ fax-on-demand system
Vendor Notification of Services to be Provided by IOn
An informational letter(s) shall be sent by IOD to all current and future (new) City of
Miami Beach vendors. The vendors will be advised of the (upcoming) implementation
of the City of Miami Beach's IOD@ system. The Supervisor of Purchasing shall be
provided a proof copy for review prior to release of any correspondence sent to vendors
on behalf of the City of Miami Beach use of IOD for services.
Included in the letter will be the following information:
1. Notice that City of Miami Beach will no longer provide commodity or service
BID/RFP/RFQ/RFI notification by postcard, letter, fax, e-mail, telephone or
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send vendors unsolicited bid packages. Notification will be made by IOD and
the notifications will me made at no charge to the City of Miami Beach.
2. Notice that bid award or vendor participation information will no longer be
given out over the phone by City of Miami Beach staff.
3. Notice that Information about upcoming commodity and serVIce
BIDIRFP/RFQ/RFI may still be obtained by the vendor at no cost via:
. Newspaper advertisement in the local paper and trade publications
where deemed appropriate.
. Public Information Requests F.S. 119.07(1)(a)
. Postings at the City of Miami Beach Office
. Via the City of Miami Beach Internet site
. Via the IOD@ fax-on-demand system
1. A description of the IaD@ fax-on-demand services.
2. A listing of information to be stored on the system including current
procurement items, tabulation sheets, recommendation of awards, etc.
3. Instructions on how to use the IOD@ fax-on-demand system.
IOD agrees to assume the reproduction and postage costs for the vendor mail-out
described above.
IOD agrees to provide access to electronic and paper vendor application files and data if
requested by the Supervisor of Purchasing for the City of Miami Beach.
IOD agrees to require, and provide MBEIWMBE reports as requested by the Supervisor
of Purchasing for the Citv of Miami Beach.
Automatic Notification of Solicitation
Should vendors wish to receive automatic notification of commodity and service
BID/RFP/RFQ!RFI via fax and/or e-mail, they will be invited to register with laD for
$30.00 per year per County. This service will provide the vendor with immediate
notification of all new commodity and Service BID/RFP/RFQ/RFI developed by the City
of Miami Beach. They will then be allowed to order the BID/RFP/RFQ/RFI package by
regular U.S. mail, express mail, e-mail or via the Internet.
Should City of Miami Beach decide to bill vendors for BID/RFP/RFQ/RFI packages, the
vendor will receive an invoice for such documents from IOD along with the requested
materials. (See Literature Fulfillment Services section).
Note: Should other cities within the borders of Miami-Dade County decide to
participate in this program, registered vendors will receive BID/RFP/RFQ/RFI
notification services for those agencies at no additional yearly charge.
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City of Miami Beach agrees to allow IOD to solicit by mail additional vendors for
purposes of having them register with IOD for automatic bid notification services. IOD
agrees to bear all cost of reproduction and mailing for these solicitation efforts.
Any new vendors requesting to be added to the City of Miami Beach bidders/vendors list
shall be referred to IOD for registration into the database. IOD agrees to have new
vendors registered within 48 hours of receipt of their information.
City of Miami Beach shall be given access rights to query the master vendor database via
the Internet. No unauthorized editing of the database shall be permitted by anyone other
than IOD staff.
Fax Broadcast Services
Upon receipt of the new BID/RFP/RFQIRFI announcement by IOD, the broadcast will be
scheduled on the requested release date. Because the fax broadcast is an automated
procedure, no advance warning can be given to vendors who turn off their fax machines
at night or whose phone number is the same as their fax number. These vendors will not
be able to receive the fax broadcast.
The broadcast will be repeated on three successive days or until at least 90% of the
vendors selected have successfully received the information. Only unsuccessful
transactions during the previous broadcasts will be retried on the subsequent broadcasts.
Fax-on-Demand Services
Phone Number:
IOD will develop a fax-on-demand service for City of Miami Beach. This service will
allow City of Miami Beach customers to obtain procurement information by fax 24 hours
a day, seven days a week. The phone number customers will call to access the service
will be (407) 975-3227. This phone number will be unique to City of Miami Beach and
no other county, city, or company's information shall be accessible from this number.
Voice Prompts:
Voice prompts for City of Miami Beach's-system are developed in cooperation with City
of Miami Beach management. Design and scripting will be done within the current
programming parameters of our system. City of Miami Beach shall be made aware of any
special programming requirements prior to proceeding.
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E-Mail Broadcast Services
Upon receipt of the new BID/RFP/RFQ/RFI announcement by IOD, the e-mail broadcast
will be scheduled on the requested release date. Because the e-mail broadcast is an
automated procedure, no advance warning can be given to vendors. Returned emails will
be addressed by the IOD staff.
Indexing Procurement Information
Routine Broadcasts
When a new BID/RFP/RFQ/RFI is developed by City of Miami Beach staff, the
information will be entered into the system by logging on to www.infoondemand.com
and using the "Log New Bid" option. A user name and password is required for this
function and shall be supplied by Information On Demand, Inc. to all authorized agency
users. City of Miami Beach staff shall select the appropriate NIGP@ commodity codes
applicable to that particular project. The vendor database will be queried for vendors
matching the desired commodity codes and a vendor broadcast list developed.
Vendor Sourcin1!
For any new "Bid" logged into the IOD system, IOD will accept a supplemental list of
unregistered vendors from the Agency. This list must include the Vendor's name
telephone and fax number and e-mail address. It must be sent via e-mail to IOD. IOD
may require the Agency to log these vendors directly into the IOD system when this
function becomes available. IOD retains the right to send accompanying IOD marketing
information to the vendor along with the courtesy bid announcement. IOD retains the
right to eliminate from the courtesy notification list any and all vendors who have
received three or more previous courtesy notifications from IOD. The Agency retains the
right to override this elimination in consultation with IOD on a case-by-case basis.
Transmission of Solicitation Data to IOD
Information to be loaded onto the City of Miami Beach system will be supplied to IOD in
a Microsoft Word™ or compatible format. The information may be delivered on diskette
or via e-mail to Information On Demand. All e-mail should be addressed to:
mail@infoondemand.com.
Suggested information to be stored on ,the procurement system includes:
1. Current bids, RFPs, formal contracts and other solicitations
2. Vendor registration information
3. Award recommendation
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Documents will be numbered according to the following scheme:
Document #
Description
xxxxl
The legal advertisement, bid invitation or RFP
xxxx2
The "short list" for various RFP/PS type projects if
applicable
xxxx3
The mail order request form for the entire
BID/RFP/RFO/RFI package should it not be
feasible to fax
xxxx4
The bid tabulation sheet for that particular bid
xxxx5
A list of all vendors who either picked up a bid
package or were mailed one
xxxx6
Any addendum to the original bid
xxxx7
The award recommendation
For example, for RFP-434 the bid tabulation sheet would be document # 4344.
Documents are numbered using only numeric characters. No alpha characters will
be used.
New Information
New information shall be relayed to IOD by City of Miami Beach In the
following manner:
1. Via logging directly into www.infoondemand.com and selecting the
appropriate agency function.
New information will be loaded onto the system within 24 hours of receipt.
Deleting Old Information .
In order to prevent vendors from trying to order out-of-date information, the
indexes of available documents needs to remain current. This is done several
ways:
I. Current procurement is added to the index automatically when the new
bid information is logged into the system via www.infoondemand.com
2. Current procurement information is deleted from the index when the
tabulation sheet is entered.
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3. Tabulation sheets are automatically deleted off the index 45 days after
the scheduled bid opening.
4. Any additional project updates will be made by City of Miami Beach
staff via IOD's website.
Collect and Long Distance Calls
No collect calls will be accepted by IOD on behalf of City of Miami Beach. City
of Miami Beach will not be billed for long distance calls for fax-on-demand or fax
broadcasting services.
Customer Service
Technical support will be available from IOD staff during normal business hours,
9:00 AM to 5:00 PM EST, Monday through Friday. Calls after hours will be
answered as soon as possible. City of Miami Beach customers needing technical
assistance with the system should be referred to the IOD office at (407) 975-0000.
Internet Services
Basic Information Posting and Update
IOD will host the City of Miami Beach web pages particular to City of Miami
Beach on IOD's own server. IOD agrees to post a listing of City of Miami Beach
current procurement items on the City of Miami Beach web site. Information will
be posted to City of Miami Beach's site within one business day of receipt by
IOD.
Marketing the Program
Advertising
IOD agrees to print for City of Miami Beach, informational brochures outlining
the uses and benefits of the IOD@.procurement system. These brochures shall be
printed on standard 20# white stock. Should City of Miami Beach desire a
premium paper, City of Miami Beach agrees to pay IOD for such premium paper
or provide such premium paper. These brochures will be formatted for use as a
direct mailer. (See attached example of Osceola County Purchasing Division's
brochure).
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Literature Fulfillment Services
Duplication
BID/RFP/RFQ/RFI information to be printed will be sent via e-mail to
mail@infoondemand.com in a Microsoft Word™ or compatible format. All bid
packages must be sent to IOD as a single unified document. BID/RFP/RFQ/RFI
packages will be produced as requested by vendors. All bid packages printed by
IOD shall be printed on 20# white three hole drilled paper and bound by metal
ACCO binders. All packages shall be printed single sided.
Postage and Handling
If City of Miami Beach elects to charge the vendor for the BID/RFP/RFQ/RFI
packages, any postage fees will be charged to the vendor.
For packages mailed to vendors on behalf of City of Miami Beach, a handling fee
will be assessed to the vendor. This handling fee will be added to the document
and postage cost and will appear on the vendor's invoice. The City of Miami
Beach will not be assessed the fee.
Vendor Invoicing
IOD will invoice vendors for materials processed by IOD. Each vendor invoice
will list the date, requested bid package number and amount due. This invoice
will be included with the requested materials. Fees will be payable by vendors
upon receipt of the materials. Checks from vendors will be made payable to IOD
and any funds collected by IOD for bid document charges, in excess of handling,
postage and duplication expenses, will be credited towards City of Miami Beach's
next monthly charges, if any. IOD agrees to keep detailed records of amounts
billed to or collected from vendors. In the event a balance is due the City of
Miami Beach for the month, such amount shall be paid to the City of Miami
Beach within 30 days.
IOD agrees to process all requests for materials within 24 hours of receipt.
Materials will not be withheld pending payment from vendors unless the
requesting vendor has a past due balance older than 90 days. In such cases the
vendor will be notified of the outstanding balance and advised they can either
bring their account current or pick up the package from City of Miami Beach
offices. IOD will send vendor statements every 30 days up to 90 days. After 90
days the vendor will be notified that they will be unable to receive information by
mail until their account is brought current.
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CI T Y 0 F M I A M I B E A C H
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
htlp:\\ci,miami-beach. fl.us
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Neisen O. Kasdin and
Members of the City C mmission
DATE: December 15, 1999
FROM: Sergio Rodriguez
City Manager
SUBJECT: Request for proval to Award a Contract to Information on Demand (IOD),
Pursuant to St. Johns County Contract No. 99/93, to Manage the Issuance of
Solicitation Announcements and Document Fulfillment Process for the
Procurement Division.
ADMINISTRATION RECOMMENDATION
Authorize the award.
FUNDING
No funding required.
ANAL YSIS
The City Commission has expressed concerns as to the low number of bids and proposals received
in response to Invitation Bids, RFPs, RFQ's, RFLI s, etc. !twas requested for the Administration to
explore other opportunities that would yield the City a greater number of responses to future bids.
The Procurement Division has surveyed other governmental entities within the State of Florida to
determine if they are encountering similar problems. In summary, it was found that this problem is
widespread and is mainly attributable to the CWTent strong economic conditions and the difficulties
encountered by potential vendors in obtaining notices of bid opportWlities, as governmental entities
use various methods of notification and distribution of bidding documents.
To encourage a greater number of potential vendors, many governmental entities are outsourcing the
solicitation announcement and document fulfillment services. For example, outsourcing this function
has increased vendor participation for the City of Orlando and Seminole County, Florida on the
average of25% due to the ease in which potential vendors can receive solicitation information and
the increased pool of potential vendors available.
Information on Demand (laD) has been contracted with by many governmental entities (Attachment
"A") within the State of Florida and nationwide as a centralized service, providing solicitation
announcements and bid document fulfillment services. In addition, IOD issues addenda to all
document holders, provides on-line bid tabulations, document holder lists, manages the vendor
database and maintains the procurement web page.
AGENDA ITEM
~LE
'2-1S..~~
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DATE
Commission Memorandum
December 15, 1999
Page Two
ANAL YSIS (continued)
It is anticipated that by contracting with laD, the City will receive a greater number ofresponses to
solicitations, as vendors from across the State will be merged with the City's current vendors to
provide for a more competitive environment.
The City currently expends approximately $50,000 annually in personnel and cperating expenses to
perform the solicitation announcement and document fulfillment service function, and receives
approximately $30,000 annually in vendor registration fees. Contracting with laD will result in the
net saving of approximately $20,000 annually through the reduction of printing/mailing costs and
the transfer of one (1) Clerk Typist position from the Procurement Division.
Should the City elect to terminate this contract in the future, these funds would have to be reallocated
to perform this function.
Vendors desiring to subscribe to the IOD program will pay a $30 annual subscription fee, which will
enable them to receive solicitation announcements from all governmental entities that have
contracted with laD within Miami-Dade County. The City of Miami Beach will be the first
governmental entity within Miami-Dade County to contract with IOD.Miami-Dade County, the City
of Miami and the City of North Miami are expected to contract with IOD within the next 3 -12
months. For a $100 annual subscription fee, vendors will receive solicitation announcements from
all governmental entities who have contracted with IOD in the State of Florida (Attachment "A").
IOD has found that the majority of vendors have opted to receive statewide solicitation
announcements.
IOD will advise all current City of Miami Beach vendors of the upcoming implementation of the
City of Miami Beach/IOD system. IOD in conjunction with the Procurement Division will hold a
vendor workshop to introduce the system to current and prospective vendors to encourage their
participation. Additionally, IOD will continually market the program to increase vendor participation
in an effort to increase the number of competitive Bids/RFPs the City will potentially receive.
Vendors who subscribe to IOD will receive e-mail/fax notification of upcoming solicitations. The
vendors may then download the solicitation from the IOD website or receive a hardcopy of the
document for a charge of $.05 per page, postage charge, and a handling fee of $5 per document.
Additionally, 100 is continually developing new applications using the latest tedmology to provide
additional services to both vendors and governmental entities which are offered at no cost to the
contracted entities
References submitted by IOD (Attachment "A") have been contacted and have received excellent
service.
Therefore, the Administration recommends contracting with Information on Demand for a three (3)
year period, with a thirty (30) day termination notice, pursuant to St. Johns County Contract No. 99-
33 at no cost to the City, to provide Solicitation Announcements and Document Fulfillment Services.
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