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Xerox Corporation Certification of ContractMIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Leasing of Copiers CONTRACT NO.: 46-06/07 AM EFFECTIVE DATE(S): /Ll - -/ , 2008 through 3, 2011, with a three (3)'year renewal option. SUPERSEDES: 43-01/02 CONTRACTOR(S): Xerox Corporation ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on February 13, 2008 a Contract has been approved for award and subsequent execution between the City of Miami Beach Florida and Contractor(s). B. EFFECT - This Contract is entered into to provide Citywide Leasing of Copiers for the City or Miami Beach, pursuant to City Invitation to Bid (ITB) No. 46-06/07 and any addenda thereto, and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number (46- 06/07), with the current expiration date of , 2011, and/or 2014, as applicable. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor to perform according to the requirements of the Contract Documents to Gus Lopez, Procurement Director, City of Miami Beach Procurement Division, at 305- 673-7490 ext. 6641. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager prior to commencement of any services/work by Contractor. 1 Page 2 Certification of Contract F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work and/or services required by the Contract Documents. Contractor warrants and represents that all persons performing any work and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform same, to City's satisfaction, for the agreed compensation. Contractor shall perform the work and provide the equipment and/or services required under the Contract Documents in a skillful and respectable manner. The quality of Contractor's performance and all interim and fmal product(s) provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organisational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Services and/or work provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such work and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. 2 Page 3 Certification of Contract The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 Attn: Gus Lopez. Procurement Director For Contractor: Xerox Corporation 1000 Saw2rass Corporate Parkway Suite 500 Sunrise. FL 33323 Iona Forbes Account Manager 954-499-0791 954-514-4990 Iona.Forbes( xerox.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 3 Page 4 Certification of Contract M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents 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 Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. The ITB and all addenda issued, and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; (iii) contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. Q. 4 Page 5 Certification of Contract IN WITNESS WHEREOF the City aid Contractor have caused this Certification of Contract to be signed and attested on this 6 day of 7"ury , 200f, by their respective duly authorized representatives. By CONTRACTOR CITY OF MIAMI BEACH Pr se ideflTrSignatre C)OiNAE Print Name By SaAA2_, j f (( ayor ATTEST: ATTEST: Secret kry/ (gnature F:\PURC\$ALL\OLGA\BID's 06-07\ITB 46-06-07\CONTRACT\Xerox Contractdoc 5 City Clerk APPROVED AS TO FORM & LANGUAGE & FOR CUTION ay Attain ate Condensed Title: Request For Approval To Award Contracts to Sharp as the Secondary Vendor, Pursuant to Invitation to Bid No. 46-06/07 Estimated Annual Amount of $193,000. Key Intended Outcome Supported: Enhance Extemal/Intemal Communications from and Within the C COMMISSION I I EM SUMMARY Primary Vendor and Xerox as the For The Leasing of Copiers In The ity. Supporting Data (Surveys, Environmental Scan, etc.): The Employee Satisfactory Survey indicates that 69% of employees either agreed or strongly agreed on being provided with all the tools and equipment needed to do quality work. Issue: I Shall the Mayor and City Commission approve the bid contract awards? Item Summary/Recommendation: The purpose of Invitation to Bid No. 46-06/07 (the "Bid") is to establish a contract(s), by means of sealed bids, to a qualified vendor(s) for Citywide digital copier service. The contract is to include but not limited to the delivery, integration, installation, service and maintenance including toners of all equipment pursuant to this bid solicitation. This includes an estimated 70 plus walk-up shared, integrated digital copiers to multiple locations. The Bid was revised in response to vendors request for our requirements to be set standard to the industry, at a pre-bid meeting which was held on August 31, 2007. The Bid was re -issued September 10, 2007, with an opening date of September 26, 2007. Both BidNet and RFP Depot issued notices to prospective bidders which resulted in the receipt of eleven (11) bids. A User Group (the "Group") convened on December 5, 2007, to review the responsive bids. On January 8, 2008, the Group re -convened and was provided with Copier Demonstrations in order to evaluate and rank the bidder. The Group recommended Sharp as the primary vendor and Xerox as the secondary vendor should Sharp be unable to perform its contract obligations. The Administration recommends approving the award of contracts. Advisory Board Recommendation: Financial Information: Source of Funds: © ()BPI Financial Impact Summa 93,000 Citywide budgeted accounts. City Clerk's Office Legislative Tracking: I Gus Lopez extension 6641 S PD JMG T:%AGEND 0081February 131Consent lTB-46-06-07/Leasing of Copiers - Sum MIAMIBEACH AGENDA ITEM C F DATE 02-(3-©� tt-A MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the Ci C. fission FROM: City Manager Jorge M. Gonzalez DATE: February 13, 2008 SUBJECT: REQUEST FOR APPROVAL TO ACCEPT THE CITY MANAGER'S RECOMMENDATIONS RELATIVE TO THE RANKING OF FIRMS; AUTHORIZE NEGOTIATIONS WITH SHARP AND XEROX, PURSUANT TO INVITATION TO BID NO. 46-06/07 FOR THE LEASING OF COPIERS; AND FURTHER AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION IN THE TOTAL ESTIMATED AMOUNT OF $193,000. ADMINISTRATION RECOMMENDATION Accept the ranking authorizing negotiations and authorize execution of contracts. FUNDING Funds in the estimated amount of $193,000 are available from Citywide budgeted accounts. ANALYSIS The purpose of Invitation to Bid No. 46-06/07 (the "Bid") is to establish a contract(s), by means of sealed bids, to a qualified vendor(s) for Citywide digital copier service. The contract is to include but not limited to the delivery, integration, installation, service and maintenance including toners of all equipment pursuant to this bid solicitation. This includes an estimated 70 plus walk-up shared, integrated digital copiers to multiple locations. The Bid was revised, in response to vendors request in order for our requirements to be standard to the industry, in a pre-bid meeting which was held on August 31, 2007. The Bid was reissued September 10, 2007, with an opening date of September 26, 2007. Both BidNet and RFP Depot issued notices to prospective bidders which resulted in the receipt of the following eleven (11) bids: 1. BCS Document Solutions 2. DANKA Office Imaging 3. US Imaging Solutions 4. IKON Office Solutions 5. BARLOP Business Systems 6. Accelerated Business Solutions 7. SHARP USA 8. XEROX Corporation 4G Commission Memorandum — ITB -46-06/07 February 13, 2008 Page 2 of 5 9. TGI Office Automation 10. RICOH Americas Corporation 11. TOSHIBA Business Solutions The test of responsiveness performed by the Procurement Department resulted in the following vendors being deemed non-responsive. by failing to comply with the City's General and Special Conditions: RICOH Business Solutions DANKA Office Imaging Company A User Group (the "Group") convened on December 5, 2007, to review the responsive bids. The Group consisted of the following individuals: • Donnovan Ireland, Central Services Coordinator, Central Services • Keith Wilder, Senior Management Analyst, Public Works Department • Kristin Tigner, Assistant Director, Human Resources Department • Linette Nodarse, Special Events Production Liaison, Tourism & Cultural Development • Nelson Martinez, Systems Support Manager, IT Support • Rocio Rodriguez, Financial Analyst III, Parking Department • Victor Armendariz, Records Manager, Building Department • Vincent Tuzeo, Technology Coordinator, Police Tech Services On January 8, 2008, the Group reconvened for copier demonstrations and to evaluate and rank the responsive bidders. Nelson Martinez was unable to evaluate and rank due to an emergency meeting. However, a quorum was obtained. The Group received a 25 minute product demonstration from each bidder in order to obtain visual and tangible display of the capabilities and functionality of each proposed copier. In addition, the Group was provided with Performance Evaluation Surveys received from clients of each vendor. The Group was also briefed on the Evaluation Criteria and method of award to be utilized to rank the vendors. Pursuant to Section 2-369 of the Miami Beach City Code, the City shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, the Group considered the following Evaluation Criteria to rank the bidders: a. The experience and qualification of the bidder (vendor) and key personnel (10 points); b. CostNalue (40 points); c. Methodology/Approach (25 points); d. Past performance based on number and quality of the Performance Evaluation Surveys (10 points); and e. Copier Demonstration (15 points). Bidders were asked to quote on 5 different options of copier speed (one being a color copier/printer), each falling within a volume range of copies, since it was stipulated in the bid that no overages would be paid. Bidders were also asked to quote on a 36 month lease agreement with option to renew and a 60 month lease agreement for an estimated •Ia Commission Memorandum - ITB -46-06107 February 13, 2008 Page 3 of 5 70 plus walk-up shared integrated digital copiers to multiple locations. Should the City elect to enter into a 3 year contract, said contract may be renewed by mutual agreement for an additional 3 year term, whether the option to renew is exercised will be contingent upon the needs of the City and market conditions at the time of renewal. The renewal discussions may include but not be limited to cost of copiers and/or replacement of copiers. Because of the high level of complaints being addressed by the Procurement Department repeatedly coming from various different departmental Procurement Liaisons, it was established that a need to make a change was eminent. The Toshiba copiers are 5 years old or older, which makes them apt to break down sooner, and parts are no longer readily available. The Group discussed their individual perceptions of the bidder's qualifications, experience, cost/value, methodology/approach, past performance and copier demonstration. The Group, after much discussion during deliberation, recommended Sharp as the primary vendor and Xerox as the secondary vendor should Sharp be unable to perform its contract obligations. Both vendors share the highly sought attributes by the City departments placing reliability and service at the top of their list. There are 85 copiers reported in the City of which 54 have a speed of 28 pages per minute ("ppm") and 31 have a speed of 55 ppm. The cost tabulation for each bidder is as follows: Copies per Minute 2OPPM (1,000 - 5,000) 3OPPM (5,000 - 10,000) 45 PPM (10,000- 15,000) 55 PPM (20,000 - 30,000) COLOR COPIER 30 PPM Copies per Minute 2OPPM (1,000 - 5,000) 3OPPM (5,000 - 10,000) 45PPM (10,000- 15,000) 55PPM (20,000 - 30,000) COLOR COPIER 3OPPM SHARP 25 ppm/$117.53 31ppm/$136.32 $207.51 $307.73 $690.11 IKON 25ppm/$175.00 $179.75 $248.09 $367.04 $618.15 XEROX 22ppm/$70.00 $194.00 50ppm/$326.00 $384.00 $698.00 BARLOP 23ppm/$80.14 $156.14 $225.85 $348.48 $497.22 TOSHIBA $129.60 35ppmJ$199.41 $239.43 $399.00 35ppm/$451.00 ACCELERATED BUSINESS SOLUTIONS 25ppm/$134.43 $207.00 5Oppm/$262.00 50ppm/$359.00 32ppm/$735.17 US IMAGING 23ppm/$93.24 $221.71 $281.67 $469.03 $674.11 TGI 21ppm/$53.00 3Oppm/$149.00 $217.00 $318.50 $439.00 Commission Memorandum — ITB -46-06/07 February 13, 2008 Page 4 of 5 RANKING ORDER 1. SHARP USA 2. XEROX Corporation 3. US Imaging Solutions 4. Accelerated Business Solutions 5. BARLOP Business Systems 6. IKON Office Solutions 7. TGI Office Automation 8. TOSHIBA Business Solutions 9. BCS Document Solutions The Group recommended the following two (2) firms as primary and secondary: SHARP USA -Four (4) first place votes. XEROX Corporation -Three (3) first place votes. Background of the two top-ranked bidders follows: SHARP USA Sharp will offer current production models with advanced capabilities which include, but are not limited to, scanning to e-mail, embedded software with web -based management tools. Sharp is offering to work closely with the City, through a compilation of professionals, starting from a project manager, an assigned account coordinator for service, an assigned account manager for sales, as well as an assigned primary technician with four back up technicians. The project manager will work with the City to create a customized reporting tool which will be assessed by the City on a quarterly basis. Sharp offers a 28,000 square feet full service facility located in Miami Lakes. It is a fully stocked warehouse, parts department, shop service department, client services department, accounting department, executives and sales department. Each technician has a company vehicle that is fully stocked with commonly used parts for that account which is called the "car stock". Sharp will offer an automated dispatch system (ADS) which will tie the equipment ID number and nature of the problem with the client information stored in the sharp business system database. Sharp was awarded the "Evergreen Award" on January 21, 2008, in recognition of outstanding environmental practices and a commitment to a sustainable future. The Evergreen Award is granted to the govemment contractor that actively demonstrates the highest overall commitment to environmentally sound manufacturing and operating procedures. Sharp meets our environmentally friendly requirement. XEROX CORPORATION Xerox offers to work closely with the City with a team of professionals led by the account sales manager, followed by the account manager and an administrative national account manager to ensure requirements are met. Xerox will also work with the City to provide periodic management and service reports as well as automatic read (rather than manual). Xerox will offer enhanced features on their IQ Commission Memorandum — ITB -46-06/07 February 13, 2008 Page 5 of 5 copiers, such as print to (mailbox to save and store jobs to retrieve at a later time), scanning to e-mail, scan to desktop, and scanning in color. Xerox will provide Customer Service Engineers (CSE) who will provide maintenance and service response. Xerox CSEs maintain inventory to allow for a 90% completion rate of work performed within the same day to support machine failures, if it does not have the part needed, it will tap into its Distribution Parts Network, with over 60 local and. regional parts centers and national inventory center. The Performance Evaluations Surveys revealed a highly satisfactory overall average rating of 10 for both Sharp and Xerox. Based on the aforementioned, the User Group recommended primary and secondary awards, to Sharp and Xerox, respectively. COST COMPARISON The monthly usage average expense with the current Toshiba copiers has been $15,500 with some months being either higher or lower for a total annual cost of $196,000. The added benefit to the City with the recommended award is to have new copiers with enhanced features in order to streamline the workflow as well as meeting higher demands on the service level and maintenance expectations. Furthermore, the recommended award offers a range of speed options to allow each department to have their needs met without the added overage charges in contrast to the previous contract. The recommended contract(s) will not allow for any overage cost for departments exceeding their copy allowances. Additionally, the total annual expenditures for each department reflect the total value of new copiers as follows: Current Averaae Coolers Cost wlToshiba Sham 28 ppm @ $85,063.32/Annually 55 ppm @ $119,828.64/Annually CITY MANAGER'S REVIEW 31 ppm @ $88,335.36/Annually 55 ppm $114,475.56/Annually Inasmuch as the Xerox 22 ppm is 40% lower in cost than the Sharp 25 ppm copier, the City Manager accepts the recommendation of the Group, Sharp as primary and Xerox as secondary, but in exercising his due diligence, is recommending that the Xerox 22 pages per minute copier be included in the award, unless Sharp via negotiations, lowers its cost to the same or lower monthly cost as Xerox. All other copiers are being recommended for award to Sharp as the lowest and best bidder. CONCLUSION The Administration recommends that the Mayor and City Commission, accept the City Manager's recommendation relative to the ranking of firms; authorize negotiations with Sharp and Xerox; and further authorize the Mayor and City Clerk to execute agreement(s) upon completion of successful negotiations by the Administration. T:WGENDA\2008\February 13\Consent\ITB-46-06-07 Leasing of Copiers - Memo.doc 10 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: February 13, 2008 SUBJECT: REQUEST FOR APPROVAL TO ACCEPT THE CITY MANAGER'S RECOMMENDATIONS RELATIVE TO THE RANKING OF FIRMS; AUTHORIZE NEGOTIATIONS WITH SHARP AND XEROX, PURSUANT TO INVITATION TO BID NO. 46-06/07 FOR THE LEASING OF COPIERS; AND FURTHER AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION IN THE TOTAL ESTIMATED AMOUNT OF $193,000. ADMINISTRATION RECOMMENDATION Accept the ranking authorizing negotiations and authorize execution of contracts. FUNDING Funds in the estimated amount of $193,000 are available from Citywide budgeted accounts. ANALYSIS The purpose of Invitation to Bid No. 46-06/07 (the "Bid") is to establish a contract(s), by means of sealed bids, to a qualified vendor(s) for Citywide digital copier service. The contract is to include but not limited to the delivery, integration, installation, service and maintenance including toners of all equipment pursuant to this bid solicitation. This includes an estimated 70 plus walk-up shared, integrated digital copiers to multiple locations. The Bid was revised, in response to vendors request in order for our requirements to be standard to the industry, in a pre-bid meeting which was held on August 31, 2007. The Bid was reissued September 10, 2007, with an opening date of September 26, 2007. Both BidNet and RFP Depot issued notices to prospective bidders which resulted in the receipt of the following eleven (11) bids: 1. BCS Document Solutions 2. DANKA Office Imaging 3. US Imaging Solutions 4. IKON Office Solutions 5. BARLOP Business Systems 6. Accelerated Business Solutions 7. SHARP USA 8. XEROX Corporation Commission Memorandum — ITB -46-06/07 February 13, 2008 Page 2 of 5 9. TGI Office Automation 10. RICOH Americas Corporation 11. TOSHIBA Business Solutions The test of responsiveness performed by the Procurement Department resulted in the following vendors being deemed non-responsive by failing to comply with the City's General and Special Conditions: RICOH Business Solutions DANKA Office Imaging Company A User Group (the "Group") convened on December 5, 2008, to review the responsive bids. The Group consisted of the following individuals: • Donnovan Ireland, Central Services Coordinator, Central Services • Keith Wilder, Senior Management Analyst, Public Works Department • Kristin Tigner, Assistant Director, Human Resources Department • Linette Nodarse, Special Events Production Liaison, Tourism & Cultural Development • Nelson Martinez, Systems Support Manager, IT Support • Rocio Rodriguez, Financial Analyst III, Parking Department • Victor Armendariz, Records Manager, Building Department • Vincent Tuzeo, Technology Coordinator, Police Tech Services On January 8, 2008, the Group reconvened for copier demonstrations and to evaluate and rank the responsive bidders. Nelson Martinez was unable to evaluate and rank due to an emergency meeting. However, a quorum was obtained. The Group received a 25 minute product demonstration from each bidder in order to obtain visual and tangible display of the capabilities and functionality of each proposed copier. In addition, the Group was provided with Performance Evaluation Surveys received from clients of each vendor. The Group was also briefed on the Evaluation Criteria and method of award to be utilized to rank the vendors. Pursuant to Section 2-369 of the Miami Beach City Code, the City shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, the Group considered the following Evaluation Criteria to rank the bidders: a. The experience and qualification of the bidder (vendor) and key personnel (10 points); b. CostNalue (40 points); c. Methodology/Approach (25 points); d. Past performance based on number and quality of the Performance Evaluation Surveys (10 points); and e. Copier Demonstration (15 points). Bidders were asked to quote on 5 different options of copier speed (one being a color copier/printer), each falling within a volume range of copies, since it was stipulated in the bid that no overages would be paid. Bidders were also asked to quote on a 36 month lease agreement with option to renew and a 60 month lease agreement for an estimated Commission Memorandum - ITB -46-06/07 February 13, 2008 Page 3 of 5 70 plus walk-up shared integrated digital copiers to multiple locations. Should the City elect to enter into a 3 year contract, said contract may be renewed by mutual agreement for an additional 3 year term, whether the option to renew is exercised will be contingent upon the needs of the City and market conditions at the time of renewal. The renewal discussions may include but are not be limited to cost of copiers and/or replacement of copiers. Because of the high level of complaints being addressed by the Procurement Department repeatedly coming from various different departmental Procurement Liaisons, it was established that a need to make a change was eminent. The Toshiba copiers are 5 years old or older, which makes them apt to break down sooner, and parts are no longer readily available. The Group discussed their individual perceptions of the bidder's qualifications, experience, cost/value, methodology/approach, past performance and copier demonstration. The Group, after much discussion during deliberation, recommended Sharp as the primary vendor and Xerox as the secondary vendor should Sharp be unable to perform its contract obligations. Both vendors share the highly sought attributes by the City departments placing reliability and service at the top of their list. There are 85 copiers reported in the City of which 54 have a speed of 28 pages per minute ("ppm") and 31 have a speed of 55 ppm. The cost tabulation for each bidder is as follows: I Copies per Minute 2OPPM (1,000 - 5,000) 3OPPM (5,000 - 10,000) 45 PPM (10,000- 15,000) 55 PPM (20,000 - 30,000) COLOR COPIER 30 PPM Copies per Minute 2OPPM (1,000 - 5,000) 3OPPM (5,000 - 10,000) 45PPM (10,000- 15,000) 55PPM (20,000 - 30,000) COLOR COPIER 3OPPM SHARP 25 ppm/$117.53 31ppm/$136.32 $207.51 $307.73 $690.11 IKON 25Ppm/$175.00 $179.75 $248.09 $367.04 $618.15 XEROX 22ppm/$70.00 $194.00 50ppm/$326.00 $384.00 $698.00 BARLOP 23ppm/$80.14 $156.14 $225.85 $348.48 $497.22 TOSHIBA $129.60 350pm/$199.41 $239.43 $399.00 35ppm/$451.00 ACCELERATED BUSINESS SOLUTIONS 25ppm/$134.43 $207.00 50ppm/$262.00 50ppm/$359.00 32ppm/$735.17 US IMAGING 23ppm/$93.24 $221.71 $281.67 $469.03 $674.11 TGI 21ppm/$53.00 30ppm/$149.00 $217.00 $318.50 $439.00 Commission Memorandum — ITB -46-06/07 February 13, 2008 Page 4 of 5 RANKING ORDER 1. SHARP USA 2. XEROX Corporation 3. US Imaging Solutions 4. Accelerated Business Solutions 5. BARLOP Business Systems 6. IKON Office Solutions 7. TGI Office Automation 8. TOSHIBA Business Solutions 9. BCS Document Solutions The Group recommended the following two (2) firms as primary and secondary: SHARP USA -Four (4) first place votes. XEROX Corporation -Three (3) first place votes. Background of the two top-ranked bidders follows: SHARP USA Sharp will offer current production models with advanced capabilities which include, but are not limited to, scanning to e-mail, embedded software with web -based management tools. Sharp is offering to work closely with the City, through a compilation of professionals, starting from a project manager, an assigned account coordinator for service, an assigned account manager for sales, as well as an assigned primary technician with four back up technicians. The project manager will work with the City to create a customized reporting tool which will be assessed by the City on a quarterly basis. Sharp offers a 28,000 square feet full service facility located in Miami Lakes. It is a fully stocked warehouse, parts department, shop service department, client services department, accounting department, executives and sales department. Each technician has a company vehicle that is fully stocked with commonly used parts for that account which is called the "car stock". Sharp will offer an automated dispatch system (ADS) which will tie the equipment ID number and nature of the problem with the client information stored in the sharp business system database. Sharp was awarded the "Evergreen Award" on January 21, 2008, in recognition of outstanding environmental practices and a commitment to a sustainable future. The Evergreen Award is granted to the government contractor that actively demonstrates the highest overall commitment to environmentally sound manufacturing and operating procedures. Sharp meets our environmentally friendly requirement. XEROX CORPORATION Xerox offers to work closely with the City with a team of professionals led by the account sales manager, followed by the account manager and an administrative national account manager to ensure requirements are met. Xerox will also work with the City to provide periodic management and service reports as well as automatic read (rather than manual). Xerox will offer enhanced features on their Commission Memorandum — ITB -46-06/07 February 13, 2008 Page 5 of 5 copiers, such as print to mailbox (to save and store jobs to retrieve at a later time), scanning to e-mail, scan to desktop, and scanning in color. Xerox will provide Customer Service Engineers (CSE) who will provide maintenance and service response. Xerox CSEs maintain inventory to allow for a 90% completion rate of work performed within the same day to support machine failures, if it does not have the part needed, it will tap into its Distribution Parts Network, with over 60 local and regional parts centers and national inventory center. The Performance Evaluations Surveys revealed a highly satisfactory overall average rating of 10 for both Sharp and Xerox. Based on the aforementioned, the User Group recommended primary and secondary awards, to Sharp and Xerox, respectively. COST COMPARISON The monthly usage average expense with the current Toshiba copiers has been $15,500 with some months being either higher or lower for a total annual cost of $196,000. The added benefit to the City with the recommended award is to have new copiers with enhanced features in order to streamline the workflow as well as meeting higher demands on the service level and maintenance expectations. Furthermore, the recommended award offers a range of speed options to allow each department to have their needs met without the added overage charges in contrast to the previous contract. The recommended contract(s) will not allow for any overage cost for departments exceeding their copy allowances. Additionally, the total annual expenditures for each department reflect the total value of new copiers as follows: Current Averaae Copiers Cost w/Toshiba 28 ppm @ $85,063.32/Annually 55 ppm @ $119,828.64/Annually CITY MANAGER'S REVIEW Sharp 31 ppm @ $88,335.36/Annually 55 ppm @ $114,475.56/Annually Inasmuch as the Xerox 22 ppm is 40% lower in cost than the Sharp 25 ppm copier, the City Manager accepts the recommendation of the Group, Sharp as primary and Xerox as secondary, but in exercising his due diligence, is recommending that the Xerox 22 pages per minute copier be included in the award, unless Sharp via negotiations, lowers its cost to the same or lower monthly cost as Xerox. All other copiers are being recommended for award to Sharp as the lowest and best bidder. CONCLUSION The Administration recommends that the Mayor and City Commission, accept the City Manager's recommendation relative to the ranking of firms; authorize negotiations with Sharp and Xerox; and further authorize the Mayor and City Clerk to execute agreement(s) upon completion of successful negotiations by the Administration. T:\AGENDA\2008\February 13\Consent\ITB-46-06-07 Leasing of Copiers - Memo.doc City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 786-394-4235 INVITATION TO BID (ITB) NO. 46-06-07 (REVISED) ADDENDUM NO. 1 October 1, 2007 LEASING OF COPIER is amended as follows: The Bid Opening Date has changed to 3:00 p.m. on Oct. 10th, 2007. CHANGE: Please be advised that the evaluation criteria is hereby amended to read as follows: Special Conditions 2.3 Evaluation of Bids: Note that CostNalue is now 40 points and Methodology/Approach is now 25 points. The Administration will utilize the following evaluation criteria to evaluate bids submitted by vendors: 1. The experience and qualification of the bidder (vendor) and key personnel (10 points). 2. CostNalue (60 40 points). 3. Methodology/Approach (46 25 points). 4. Past performance based on number and quality of the Performance Evaluation Surveys (10 points). 5. Copier Demonstration (15 points). Additionally, as part of your bid submission, your offer must describe in detail, the approach and methodology that you will undertake to ensure excellent customer service coupled with a best value offer (i.e. cost: copiers, features, volume, maintenance, etc.) in comparison to the City's existing cost and copiers. CHANGE: Please be advised that the Minimum Specifications 3.0, is hereby amended to read as follows: The minimum number for sheet auto feeder is now 50. (45 ppm), laser print engine, integrated to print, copy and scanner, 4-00 50 sheet auto feeder, finishing/collating 25 page stapler, 64mb memory, 6 GB HD, 600x600 dpi and 256 levels of gray, reduce/enlarge (25% to 400%), adjustable paper handling up to 11x17, 3 paper trays (auto select on two), duplexing, 10 bin stapler sorter, auto, manual and photo modes. Please state paper drawers and capacity for each. (55 ppm), laser print engine, integrated to print, copy and scanner, 409 50 sheet auto feeder, finishing/collating 25 page stapler, 64mb memory, 6 GB HD, 600x600 dpi and 256 levels of gray, reduce/enlarge (25% to 400%), adjustable paper handling up to 11x17, 3 paper trays (auto select on two), duplexing, 10 bin stapler sorter, auto, manual and photo modes. Please state paper drawers and capacity for each. Questions & Answers 1Q. How many copies and originals are we looking for? Answer: Original plus seven (7) copies. 2Q. The date of the start of installation and completion date of the installation? Answer: The installation will commence 10 days after contract execution and complete installation within 30 days. 3Q. We have your average volume, but we are confused are those the models and also who is the manufacture? Answer: Yes, these are the Toshiba model copiers we have currently in place. 4Q. On page 2 of 33, Leasing of Copiers states — The term of the awarded contract(s) shall remain in effect for a period of five (5) years from date of contract execution by the May and City Clerk, and may be renewed by mutual agreement for three (3) additional years, on a year-to-year basis. However, page 16 of 33, Section 2.2, Term of Contract(s) states — The contract(s) may be in effect for a minimum of one year to a maximum of five (5) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for three (3) additional years, on a year-to-year basis. There is an inconsistency between the two statements. Please clarify the City's intent regarding the contract term. Answer: CHANGE: page 2 of 33 Scope of Work: Scope of Work: The purpose of this bid is to establish a contract(s), by means of sealed bids, for the lease of copiers for all City departments. Successful vendor must include in its bid price, the delivery, integration, installation, service and maintenance including toners of all copiers pursuant to this Bid. There are approximately 70 copiers included in this Bid. The term of the awarded contract(s) shall remain in effect for a period of either 3 years or five (5) years, based on the City's best interest, from date of contract execution by the Mayor and City Clerk. arid -may -be year—te-year-basisT Answer: CHANGE: Delete first paragraph and second paragraph. years, on a year to year bads: A. Should the City elect to enter into a 3 year contract, said contract may be renewed by mutual agreement for an additional 3 year term, Whether the option to renew is exercised will be contingent upon the needs of the City and market conditions at the time of renewal. The renewal discussions may include but not be limited to cost of copiers and/or replacement of copiers. B. Should the City elect to enter into a 5 year contract, said contract will not have any options for renewal. The following paragraph is deleted in its entirety: intain a Stat- Agreement in order to mitigate the risks of obsolescence in the System or its performance. At a minimum, should the City elect to enter into a five year contract, the successful bidder must agree to replace the existing - - - - - - -' month) of the contract. 5Q. On page 18 of 33, Section 2.17, Exceptions to Specifications states — Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. Please confirm if vendors can submit clarifications to the General or Special Conditions in an effort to provide a better understanding of the services that are included in the vendor's response or expand on how the vendor will meet the City's requirements. Answer: Bidders are strongly encouraged to thoroughly review the scope of services and/or experience and qualification requirements set forth in this ITB, specifically the scope of services section, identified by the words "must", "shall", and "will". Bidders who fail to satisfy the requirements set forth, may be deemed non-responsive and receive no further consideration. Should your proposed solution not be able to meet one (1) or more of the requirements set forth in this ITB and you are proposing alternatives to said requirements, you must notify the Procurement office in writing at least five days prior to the deadline for submission of proposals. The City reserves the right to revise the scope of services via addendum prior to the deadline for receipt of proposals. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director os City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 786-394-4235 INVITATION TO BID (ITB) NO. 46-06-07 (REVISED) ADDENDUM NO. 2 October 5, 2007 THE LEASING OF COPIER ITB is amended as follows: The Bid Opening Date has changed to 3:00 p.m. on Oct. 17th, 2007. Questions & Answers 1Q. On page 17 of 33, Section 2.6c, Delivery Time states — The City will notify the awarded vendor if the need to move the equipment to another location or site. A ten (10) day written notice will be provided by the lessee prior to any relocation request. The City shall not incur any additional cost associated with such a move. Can the City provide the number of moves that have occurred during the current contract term? Answer: There have been a total of 3 moves. 2Q. On page 24 of 33, 5, Interface states — The vendor will be responsible for identifying and resolving all interface parameters between multifunctional machines and the existing equipment and/or network infrastructure. Warded vendors shall provide network engineers as required to bring equipment into full operation. The City shall be responsible for cable and telephone drops. Will the City provide personnel support from the Information Technology department to work with the vendor to ensure successful installation and troubleshooting. Answer: Yes, the City will provide personnel support from the IT department. 3Q. Can the City provide an anticipated award and installation date for Bid No. 46- 06/07? Answer: Award of contract(s) will be presented to the Mayor and City Commission at the December 12 Meeting. "The Installation will commence 10 days after contract execution and complete installation within 30 days." 4Q. Addendum #1 of ITB 46-06-07A1, Exhibit B, issued August 13, 2007 provided information on models, usage and number of copiers citywide. However, the exhibit did not provide the monthly cost for each copier. Lack of this information places vendors at a disadvantage. Please provide information? Answer: Yes, we will post on the City's website current monthly cost information as of next week. 5Q. On page 17 of 33, Section 2.8, Addition/Deletion of Units states - Although this Solicitation identifies specific units to be delivered and maintained, it is hereby agreed and understood that any new units may be added/deleted to/from this contract at the option of the City, at the awarded bid prices. Please clarify if the City requires all contracts for products including additions and deletions to be co - terminus or non co -terminus. Answer: The City requires contracts to be co -terminus. 6Q. On page 20 of 33, Performance Evaluation Survey — Includes a survey to be completed by customers of the vendor. Can the City provide a list to surveys that have been submitted to the City before the bid deadline? Answer: Yes, we will post on the City's website all surveys received. 7Q. On page 22 of 33, Section 3, Minimum Specifications states - that the copier models should be 2007 models. Please clarify if the City is referring to the year the product was introduced or manufactured by the vendor. Using the year of product introduction would limit the copier models a vendor could provide the City. Answer: The Specifications refer to new copiers being manufactured in 2007. 8Q. On page 23 of 33, Section 3.0, Minimum Specifications — General indicates that toner should be included as a consumable supply item. Please specify if staples should be included in the monthly cost. Answer: Staples should be quoted in 2 ways, as a separate line item, and included in the cost. 9Q. On page 22 of 33, Section 3.0, under Minimum Specifications — under the 20 ppm states stapler and sorter capabilities. This feature is not standard for the industry. The vendor requests that this feature be removed as a specification. Answer: Please see attached revised Minimum Specifications page 22-33 and pp 25-28. 10Q. On page 22 of 33, Section 3.0 Minimum Specifications — under the 30/45/55 ppm states integrated to print, copy and scanner. Please specify if scanning capability that would include scanning software is a requirement and if so specify the method of scanning. Answer: Laser engine integrated to Copy, Print and Scan to Email in TIFF and PDF format. Print Drivers to support Windows, PC 11Q. On page 22 of 33, Section 3.0 Minimum Specifications — under the 30/45/55 ppm Includes finishing/collating 25 page stapler and 10 bin stapler sorter. 10 bin Stapler sorter is not a standard feature for the industry. The vendor requests that this be removed from the specification. Answer: We are removing 10 bin stapler sorter as a minimum specification. 12Q. On page 22 of 33, Section 3.0 Minimum Specifications — states specifications for a 30 ppm digital color copier. Please provide a bid proposal page to submit pricing. Answer: Please see attached a bid proposal page for the digital copier. 13Q. Insurance Check list with the XXX before each question are they the questions needed to be answered? Answer: The XXX means that you acknowledge you are covered. 14Q. Cost per month on the 1-2-3-4-5 year leases how is service packaged? Separate based on the monthly minimum volume? Answer: As per Addendum 1, we are asking for quotes on both a 3 year lease and a 5 year lease which will include maintenance based on the minimum monthly volume. 15Q. Payment terms to us when we bill you how many days will be before the check is cut to us? Answer: Payment terms are net 30. 16Q. Have you ever exercised the Spot Market Purchase for MFP's (Copiers). Answer: We have not exercised the Spot Market Purchase. 17Q. Have you ever exercised the termination for convenience for MFP's (Copiers). Answer: We have not exercised the termination for convenience. 18Q. When replacing the existing copiers with state of art copiers @ 30 months of contract would that be all units installed? Answer: Please note as per Addendum 1, the option of a 3 year lease to be renewed with the same vendor will be subject to negotiation that may include discussions relative to replacing the copiers. 19Q. What guidelines would be used to determine replacing the existing copiers with state of the art copiers. Answer: Cost capabilities and features of copiers. 20Q. Please define (auto select on two) on the paper drawer options. The machines will auto select what drawer to pull the paper from based on the print or copy job. Answer: We are revising it to auto select. 21 Q. There is not a "Leasing of Copiers" page for the 30 page per minute color device. We will submit a per page cost for both color and black and white. Answer: We are adding a Minimum Specifications page to the Color Copier. Please see attached. 22Q. On page 8 of 33 under Cancellation, in General Conditions, could you extend the period to correct deficiencies from 10 days to 30 days? (30 days is standard in bids and copier industry). Answer: Yes, we will extend the period to correct deficiencies from 10 days to 30 days. 23Q. Will the vendor have to provide online access of billing and leasing information throughout the life of the contract? Answer: Preferably yes, as per the ITB (Revised) please refer to page 24 of 33 Section 6, Reporting Requirement: Successful bidder(s) shall provide on a monthly basis, a citywide usage report for all copiers. Said report shall, at a minimum, provide the department name, copier ID number, and a number of photocopies. 24Q. Under General Conditions page 17 of 33, Section 2.8 Addition/Deletion of Units is it understood that new units may be added to the fleet and old units may be deleted from the contract by fulfilling the contract obligations? Answer: Yes, that is correct. 25Q. Under Bid page 16 of 33, 2.0 Special Conditions, 2.2 Term of Contract: Under the new terms considered on this revision, The City of Miami Beach fails to realize the tremendous financial impact they could be subject on a 60 month lease with a 30 month mandatory replacement. Answer: Please note as per Addendum 1, we have revised the terms to either a 3 year lease option, to be renewed with the same vendor under negotiated conditions (to include new equipment), or a 5 year lease option. 26Q. Under Bid page 18 of 33, 2.0 Special Conditions, 2.12 Estimated Quantities: The City estimates 70 plus copiers, but currently 80 are installed. Are any departments subject to loose their capacity to use a Multi -Function device; if so, could you please specify, so copy volumes be revised. Answer: We will be revising copy volumes in the Minimum Requirements, please see attached. 27Q. Under Bid page 22 of 33, 3.0 Minimum Specifications, 1 General: 20 ppm: Industry standards limit equipment under this speed to offer a stapling finisher. But the City continues to request a stapler and a sorter. Please clarify if stapling is not required and electronic sorting is needed. 30 ppm: Faxing feature is no longer required. 45 ppm: Faxing feature is no longer required. 55 ppm: Faxing feature is not required. Answer: We are removing the stapler requirement for the 20ppm and 10 bin sorter minimum requirements. We are expecting to be quoted for the faxing feature as a separate line item for each different speed. 28Q. Under Bid page 25 of 33, Bid Proposal Page 1 of 5: Is the City not revising the required monthly volumes. Answer: We have revised monthly volumes, see attached. 29Q. Under Bid page 26 of 33, Bid Proposal Page 2 of 5: Is the City not revising the required monthly volumes. Answer: We have revised monthly volumes, see attached. 30Q. Under Bid page 27 of 33, Bid Proposal Page 3 of 5: Is the City not revising the required monthly volume, since no copier currently installed in the City is reaching this minimum requirement. Answer: We have revised monthly volumes, see attached. Note, we are not trying to extend the `status quo." In other words, we are contemplating different options, including speeds and volumes. 31Q. Under Bid page 28 of 33, Bid Proposal Page 4 of 5: Is the City not revising the monthly volume required, since no copier currently installed in the City is reaching this minimum requirement. Answer: We have revised monthly volumes, see attached. 32Q. Between Bid page 28 of 33 and 29 of 33: Bid Proposal for Page for the Color Digital copier is missing and what monthly breakdown for color and black & white copies/prints will be considered. Answer: We are adding a Minimum Specifications page to the Color Copier with a breakdown. Please see attached. 33Q. Since the bid will be based on best value with different grade per categories, can we include 2 separate bid quotes for two different manufacturers that we represent in the market place? Do you see a problem with being able to show the City all the options that might best suit the requirements? Answer: Not a problem. You may submit multiple options (i.e. copiers) for the City's consideration. 34Q. According to the addendum, if we cannot meet and (1) one or more of the requirements in this ITB, we must notify the Procurement office in writing at least 5 days before the deadline for submissions. This doesn't allow much time. Is their leeway with this? Answer: The deadline for receipt of bids is being extended. If you cannot meet one or more of the Bid requirements, you can notify us up to two (2) days prior to opening. 35Q. In the slim chance of a tie will the City supply the certificate form? Answer: Any documentation that certifies you have drug-free work place would be acceptable. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director os City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachf.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 786-394-4235 INVITATION TO BID (ITB) NO. 46-06-07 (REVISED) ADDENDUM NO. 3 October 11, 2007 THE LEASING OF COPIER ITB is amended as follows: Questions & Answers 1Q. Leasing of copiers bid proposal pages 1 through 5 lists a volume range. Which copy/print volume should be included? Answer: A copy/print volume within each range as listed below: 20ppm 1000 — 5000 monthly volume 30ppm 5000 —10000 monthly volume 45ppm 10000 — 15000 monthly volume 55 ppm 20000 — 30000 monthly volume Please note that the number of units required will be determined based on the needs of the City departments and on their respective budgeted amounts. Therefore, please provide your cost per copier and a sliding scale based on volumes that would result in discount for the City. 2Q. On the individual spec bid sheets fro copiers, for the B&W systems, the city asks that service be included for the minimum # of copies listed for each machine BUT there is a RANGE for each machine....for example, the 20ppm machine shows 1,000-5,000 monthly minimum. Which is it? If the monthly minimum is 1,000, the bid price would be significantly lower than if it were 5,000. On the color machines you have a static # (10,000 each on the 30 & 35 ppm). Answer: It is the range. Your bid price will cover the number of copies that fall within the range. 3Q. Where are overages to be stated on the Bid Proposal Pages 1 through 6? No overages will be applied. The foretasted ranges Answer: No overages will be applied. The aforestated ranges will be sufficient to cover any potential overages. 4Q. Would you please let us know the following: 20 ppm How many units required and how much copies per unit 30 ppm How many units required and how much copies per unit 45 ppm How many units required and how much copies per unit 55 ppm How many units required and how much copies per unit Answer: Each form provides with the anticipated number of copies per unit. 5Q. The answer to 27Q states that the 10 bin sorter requirement has been removed but the new 3.0 Machine Specification, 20 ppm has the 10 bin stapler streaked through and sorter is still required. Answer: No, it is not required. 6Q. On the new revised price sheets, there is no space to show the cost for excess copies, above the minimum monthly volumes. Where would a vendor show the costs for excess copies? Answer: Please refer to answer for question 3. 7Q. Addendum #2 - Response to question 7Q, to clarify, are you saying that if the copier is manufactured in 2007, (but maybe introduced in 2006), that this meets specs? Many current models, from various vendors, were introduced in 2006, but are still manufactured in 2007. Answer: Yes. 8Q. For the Color copier/printer, could you please clarify if the minimum volume of 10,000 per month is for Color images only? Answer: Yes. 9Q. Addendum #2 - Response to question 33Q, Please clarify that if a vendor submits multiple options (ie: copiers) that all submitted responses must meet the Minimum Specifications of the ITB. Answer: Yes. 10Q. On the minimum specs for the machines it shows for example 1,000 — 5,000 monthly volume. In your requirement we have to incorporate this monthly volume?? Which amount is required by the city?? This applies with all of the segments across the board. Answer: Please refer to answer for question 2. 11Q. Color copier machines have two speeds and meters for B&W and color. On the color copier machine specifications: • Is the 10,000 volume color only or is B&W copies included in the minimum volume. If B&W is to be included what are the minimums for each color and B&W? • Is a sheet feeder to be included with the color copier? Answer: The B&W copies should be a range of 3,000 to 5,000 and the color copies a range from 5,000 to 7,000. Yes, a sheet feeder should be included. 12Q. Will references that are not similar be weighted the same as references are? The references that are posted seem to vary greatly. They appear to range from cities in the area, government agencies with similar sized fleets in South Florida area, to commercial accounts that are very small. Others references are scattered around the country. Government agencies are prohibited from taking gratuities and favors from vendors where as commercial accounts are not held to the same standards. Answer: The assigned score will be at the discretion of the City. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director os City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305-673-7490, Fax: 786-394-4235 INVITATION TO BID (ITB) NO. 46-06-07 (REVISED) ADDENDUM NO. 4 October 12, 2007 THE LEASING OF COPIER ITB is amended as follows: Questions & Answers 1Q. Answer to question 2 of the attached amendment states the range but you have for and fixed cost on each unit. Do you then want us to bid only at the top of the range? If we use as you requested a sliding scale, we cannot give a fixed cost. Answer: Each bidder must decide whether to bid at the bottom of the range, middle of the range, or the top of the range. We expect a fixed cost for copies within the range. 2Q. Since you will not allow for overages, what guarantees does the City of Miami Beach have that no copier will ever exceed the maximums? Answer: The City is not providing any guarantees that any copier will exceed the maximum. However, in the developing, the range of copies it is anticipated based on historical usage that the number of copies will be at the lower part of the range 3Q. Answer to question 8 states 10,000 color copies yet the answer to question 11 gives a range of color copies lower than in question number 8. Please clarify? Again we have to ask the same question as we did above concerning how to bid copies. Answer: The question was the following: Is the 10,000 volume color only or is B&W copies included in the minimum volume. If B&W is to be included what are the minimums for each color and B&W? The answer is the following: the B&W copies should be a range of 3,000 to 5,000 and the color copies a range from 5,000 to 7,000. For a total of 10,000 copies 4Q. Will the City accept more than one pricing proposal from a vendor? Answer: Yes. Multiple pricing proposals are acceptable. 5Q. Addendum 2 stated that the City will post the monthly costs for each copier to the website this week? As of today, the information was not available. Answer: Copies of invoices that show monthly costs are posted in the City's website. 6Q. Does the City have any plans for increasing the number of departments of buildings that would require additional copiers or moves within the next three to five years? If so, how many additional copiers and moves will be required? Answer: There will be a multipurpose parking facility with approximately 30,000 square feet of office space for city departments. The facility will be constructed behind City Hall (1700 Convention Center Drive), and it is scheduled to be completed by July 2009. It is anticipated that an additional 10 copiers will be needed when construction of the facility is complete. 7Q. The section regarding RANGES for B&W is doing a disservice to the City of Miami Beach. If the city is asking for a "Range" of copies on the 20ppm, for example, the answer in bid form would be, logically, a "range" from $128 to $140 / month. The actual bid number is directly proportionate to the amount of copies that the cit will make because we ALL charge $ X per copy. Obviously, the higher number of copies the City uses on any given machine will affect the cost. If the City, as in subsequent questions, is asking for "overages" to be included in the bid and as the City does not expect any monthly copy volumes to exceed the range (for example 5,000 on the 20ppm) a vendor would reflexively bid based on the maximum number of copies in each segment. Otherwise, we are in effect playing Russian Roulette and HOPING that the City's use stays at or below the number we "guess" at. Further, if everyone bids based on the maximum number of copies in each segment, The City will be paying for copies that are NOT being used on a monthly basis. Answer: Each bidder must decide whether to bid at the bottom of the range, middle of the range, or the top of the range. We expect a fixed cost for copies within the range. Although the City is not providing any guarantees that any copier will exceed the maximum. However, in the developing, the range of copies it is anticipated based on historical usage that the number of copies will be at the lower part of the range. 8Q. Would you accept a no minimum CPC? Answer: No. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director GL/OS LEASING OF COPIERS BID # 46-06/07 (REVISED) 3.0 MINIMUM SPECIFICATIONS 1. GENERAL: The City seeks to contract with a qualified, responsible vendor(s) for the award of the City's Copier Contract to include but not limited to the delivery, integration, installation, service and maintenance including toners of all NEW 2007 copier models. This includes an estimated 70 plus walk-up shared, integrated digital copiers to multiple locations. 1. Four hour maximum response time on all walk-up copiers with no more than 24hr. downtime on any digital copier: 2. Loaner on any copier that is not repaired within 24 hours to be replaced at no additional charge; 3. Copier(s) shall be replaced if the same repair service is required three (3) times within a 45 day period, or 6 times with a 90 day period; 4. Copier(s) shall be replaced at no additional cost under lease agreement through reasonable unavoidable conditions; 5. Technical Support and on-going training support for new features, software changes at no additional charge; PRINT AND SCAN TO EMAIL IN TIFF AND PDF formats (we will consider compatible formats). (20 ppm), integrated to print, copy and fax, 30-50 sheet feeder reduce/enlarge (25% to 400%), 2-3 paper trays (auto select en-twe), duplexing, startler, sorter, auto, manual and photo modes, scanner/scanner to email. Please state memory (mb), whether it is upgradeable, and dpi levels. Please state paper drawers and capacity for each. The stapler feature if offered, as an optional separate line item. (30 ppm), laser print engine, integrated to print, copy and scanner/ scanner to email, 50 sheet auto feeder, finishing/collating 25 page stapler, 64mb memory, 600x600 dpi and 256 levels of gray, reduce/enlarge (25% to 400%), adjustable paper handling up to 11x17, 3 paper trays (auto select en-twe), duplexing, def sorter, auto, manual and photo modes. Please state paper drawers and capacity for each. Fax feature as a separate line item. (45 ppm), laser print engine, integrated to print, copy and scanner/scanner to email, 1-00 50 sheet auto feeder, finishing/collating 25 page stapler, 64mb memory, 6 GB HD, 600x600 dpi and 256 levels of gray, reduce/enlarge (25% to 400%), adjustable paper handling up to 11x17, 3 paper trays (auto select en twe), duplexing, 1-0 bin staWef sorter, auto, manual and photo modes. Please state paper drawers and capacity for each. Fax feature as a separate line item. (55 ppm), laser print engine, integrated to print, copy and scanner/scanner to email,1-00 50 sheet auto feeder, finishing/collating 25 page stapler, 64mb memory, 6 GB HD, 600x600 dpi and 256 levels of gray, reduce/enlarge (25% to 400%), adjustable paper handling up to 11x17, 3 paper trays (auto select en twe), duplexing,1-0 titin staper sorter, auto, manual and photo modes. Please state paper drawers and capacity for each. Fax feature as a separate line item. One (1) Color Digital Copier minimum specs: • 30 ppm; • Volume cost and/or per page cost; High Capacity Stacker; includes stapling finisher; Networked connected; Scanner; LEASING OF COPIERS BID # 46-06/07 (REVISED) BID PROPOSAL PAGE 1 OF 6 MINIMUM REQUIREMENT (20ppm)/ 1,000-5,000 MONTHLY VOLUME: YEAR: MAKE: MODEL: FEATURES: COPY SPEED: PRINT FROM NETWORK: SCAN TO EMAIL (state formats): NUMBER OF DRAWERS AND PAPER CAPACITY: FINISHER CAPACITY & NUMBER OF TRAYS: DOCUMENT FEEDER CAPACITY: RAM/HARD DRIVE: ENGINE RESOLUTION DPI: PRINT DRIVER LANGUAGES: FEATURES AS A SEPARATE LINE ITEM: STAPLER: 3 YEAR LEASE (Option to renew) COST PER MONTH: 5 YEAR LEASE COST PER MONTH: BIDDER'S NAME: SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: LEASING OF COPIERS BID # 46-06/07 (REVISED) BID PROPOSAL PAGE 2 OF 6 MINIMUM REQUIREMENT (30ppm)/ 5,000-10,000 MONTHLY VOLUME: YEAR: MAKE: MODEL: FEATURES: COPY SPEED: PRINT FROM NETWORK: SCAN TO EMAIL (state formats): NUMBER OF DRAWERS AND PAPER CAPACITY: FINISHER CAPACITY & NUMBER OF TRAYS: DOCUMENT FEEDER CAPACITY: RAM/HARD DRIVE: ENGINE RESOLUTION DPI: PRINT DRIVER LANGUAGES: FEATURES AS A SEPARATE LINE ITEM: FAX: 3 YEAR LEASE (Option to renew) COST PER MONTH: 5 YEAR LEASE COST PER MONTH: BIDDER'S NAME: SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: LEASING OF COPIERS BID # 46-06/07 (REVISED) BID PROPOSAL PAGE 3 OF 6 MINIMUM REQUIREMENT (45ppm)/ 10,000-15,000 MONTHLY VOLUME: YEAR: MAKE: MODEL: FEATURES: COPY SPEED: PRINT FROM NETWORK: SCAN TO EMAIL (state formats): NUMBER OF DRAWERS AND PAPER CAPACITY: FINISHER CAPACITY & NUMBER OF TRAYS: DOCUMENT FEEDER CAPACITY: RAM/HARD DRIVE: ENGINE RESOLUTION DPI: PRINT DRIVER LANGUAGES: FEATURES AS A SEPARATE LINE ITEM: FAX: 3 YEAR LEASE (Option to renew) COST PER MONTH: 5 YEAR LEASE COST PER MONTH: BIDDER'S NAME: SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: LEASING OF COPIERS BID # 46-06/07 (REVISED) BID PROPOSAL PAGE 4 OF 6 MINIMUM REQUIREMENT (55ppm)/ 20,000-30,000 MONTHLY VOLUME: YEAR: MAKE: MODEL: FEATURES: COPY SPEED: PRINT FROM NETWORK: SCAN TO EMAIL (state formats): NUMBER OF DRAWERS AND PAPER CAPACITY: FINISHER CAPACITY & NUMBER OF TRAYS: DOCUMENT FEEDER CAPACITY: RAM/HARD DRIVE: ENGINE RESOLUTION DPI: PRINT DRIVER LANGUAGES: FEATURES AS A SEPARATE LINE ITEM: FAX: 3 YEAR LEASE (Option to renew) COST PER MONTH: 5 YEAR LEASE COST PER MONTH: BIDDER'S NAME: SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: LEASING OF COPIERS BID # 46-06/07 (REVISED) BID PROPOSAL PAGE 5 OF 6 COLOR COPIER 3OPPM MINIMUM SPECIFICATIONS 10,000 VOLUME YEAR: MAKE: MODEL: FEATURES: COPY SPEED: PRINT FROM NETWORK: SCAN RESOLUTION: WARM UP TIME: CPU: DOCUMENT FEEDER CAPACITY: RAM/HARD DRIVE: ENGINE RESOLUTION DPI: SUPPORTED PRINT DRIVER LANGUAGES: FINISHER: STAPLING CAPACITY: DUPLEXING: FEATURES AS A SEPARATE LINE ITEM: FAX: 3 YEAR LEASE (Option to renew) COST PER MONTH: 5 YEAR LEASE COST PER MONTH: BIDDER'S NAME: SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: INV1TA1ION FORBIDS LEASING OF COPIERS (REVISED) BID #46-06/07 BID OPENING: September 26th, 2007 AT 3:00 P.M. Gus Lopez, CAN, Rvcuremeni Director FR CUFEMENTDIVISION 1700 Convention Center Drive, Miami Beach, 8.33139 www. miamibeachf.gov F:1 RJFi1$At1! 0LGA 1 BID 0647111846-06-071 INVITATION TO BID.doc el MIAMIBEACH ea MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachit.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786394.4235 Invitation to Bid No. 46-06/07 (BID REVISED) PUBLIC NOTICE Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 26TH day of September, 2007 for: LEASING OF COPIERS At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. Scope of Work: The purpose of this bid is to establish a contract(s), by means of sealed bids, for the lease of copiers for all City departments. Successful vendor must include in its bid price, the delivery, integration, installation, service and maintenance including toners of all copiers pursuant to this Bid. There are approximately 70 copiers included in this Bid. The term of the awarded contract(s) shall remain in effect for a period of five (5) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for three (3) additional years, on a year—to-year basis. A Pre -Bid Conference was held on August 31st at 2:00 p.m. at the City of Miami Beach City Hall, 4th Floor, City Manager's Large Conference Room, located at 1700 Convention Center Drive, Miami Beach, Florida 33139. The City of Miami Beach has contracted with BidNet and has begun utilizing a new central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet(r), this new South Florida Purchasing system has replaced the DemandStar system and allow vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.aovbids.com/scripts/southflorida/Dublic/homel.aso. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. Any questions or clarifications concerning this Bid shall be submitted in writing by mail or facsimile to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139, or FAX: 786- 394-4235. The Bid title/number shall be referenced on all correspondence. All questions must be received no later than ten (10) calendar days prior to the scheduled Bid opening date. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach is using RFP Depot; a central notification system witch provides bid notification services to interested vendors. RFP Depot allows for vendors to register online and September 10, 2007 City of Miami Beach Bid No: 46-0e/07 2 of 34 receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.rfpdepot.com The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: htto://www.miamibeachfl.oov/newcity/deats/aurchase/bidintro.aso • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363 • LOCAL PREFERENCE ORDINANCE NO. 2003-3413 • EQUAL BENEFITS ORDINANCE NO. 2005-3494 Sincerely, rr Gus Lopez, CPPO Procurement Director September 10, 2007 City of Miami Beach Bid No: 46-06/07 3of34 en MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Te!: 305-673-7490, Fax: 786394.4235 NOTICE TO PROSPECTIVE BIDDERS ITB 46-06/07 (BID REVISED} NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Our company does not handle this type of product/service. _We cannot meet the specifications nor provide an alternate equal product. _Our company is simply not interested in bidding at this time. _ _Due to prior commitments. OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid g this completed form, may result in your company being removed from the City's bid list. September 10, 2007 City of Miami Beach Bid No: 46-06/07 4 of 34 1.0 GENERAL CONDITIONS 1.1 LEASING OF COPIERS BID # 46-06/07 (REVISED) SEALED BIDS: An Original and seven copies of the Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile or e-mailed bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate same and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Discounts for prompt payment. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 1.5 TAXES: The City of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 85-80126216396-9. 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. September 10, 2007 City of Miami Beach Bid No: 48-08/07 5 of 34 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularities or technicalities in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, FL. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s) offered conform with or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Item delivered, not conforming to specifications, may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: A) Vendor's name being removed from the vendor list. B) All departments being advised not to do business with vendor. 1.12 SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name. Failure of bidder to either deliver required samples or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the contact person Olga Serrano, who may be reached by September 10, 2007 City of Miami Beach Bid No: 46-06107 6 of 34 phone: 305-673-7490; fax: 786-394-4235 or e-mail: oloaserrano(7a.miamibeachfl.aov. 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned, unopened. 1.16 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.17 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.18 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on both parties. 1.19 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.20 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.21 OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.23 ANTI -DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. September 10, 2007 City of Miami Beach Bid No: 48-08/07 7of34 1.24 AMERICAN WITH DISABILITIES ACT: To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city -sponsored proceeding, please contact 305-604-2489 (voice), 305-673- 7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 1.25 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami -Dade County and City of Miami Beach municipal code requirements as well as the Florida Building Code. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 BID GUARANTY: N/A 1.28 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.29 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.30 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the City of Miami Beach, Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. 1.31 NOTES TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.32 SUBSTITUTIONS: The City of Miami Beach, Florida WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.33 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. September 10. 2007 City of Miami Beach Bid No: 48-08107 8of34 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self- addressed stamped envelope with the bid. 1.35 PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are required. A copy of such Addendum shall be sent by BidNet® via e-mail or facsimile to each Bidder receiving the Solicitation that is a subscriber to the Bidnet® notification system. Bidders who are not subscribers to the Bidnet® system are responsible for ensuring that they have received all addenda. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.37 DEMONSTRATION OF COMPETENCY: 1) Pre -award inspection of the Bidder's facility may be made prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. 3) The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive. September 10. 2007 City of Miami Beach Bid No: 46-06107 9of34 4) The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder's record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. 1.38 DETERMINATION OF AWARD The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 1.39 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City of Miami Beach. 1.40 LAWS, PERMITS AND REGULATIONS: The contractor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other State agencies at the agencies option. 1.42 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be a Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION This bid solicitation shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.44 WAIVER OF INFORMALITIES The City reserves the right to waive any informalities or irregularities in this bid solicitation. September 10, 2007 City of Miami Beach Bid No: 48-08/07 10 of 34 1.45 ESTIMATED QUANTITIES Estimated quantities or estimated dollars, if provided, are for City guidance only. No September 10, 2007 City of P ami Beach Bid No: 48.08107• 11 of 34 guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.46 COLLUSION Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non - responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.47 DISPUTES In the event of a conflict between the documents, the order of priority of the documents shall be as follows: • Any agreement resulting from the award of this Bid (if applicable); then • Addenda released for this Bid, with the latest Addendum taking precedence; then • The Bid; then • Awardee's Bid. 1.48 REASONABLE ACCOMMODATION In accordance with the Title 11 of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.49 GRATUITIES 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. 1.50 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. 1.51 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at the time of Bid submission. 1.52 PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 September 10. 2007 City of Miami Beach Bid No: 46-06/07 12 of 34 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. 1.53 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.54 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14 days. 1.55 CONE OF SILENCE This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all written communication(s) regarding this bid must be filed with the city clerk. 1.56 TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 1.57 TERMINATION FOR CONVENIENCE OF CITY The City will provide the proper notice to cure for any contractual violation, and should the successful bidder fail to take the necessary correction action then the City will issue a "show cause" notice, which will request information as to why the City should not terminate the contract. The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this section. September 10, 2007 City of Miami Beach Bid No: 46-08!07 13 of 34 1.58 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this contract) The contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Automobile Liability Insurance including Property Damage covering all owned, non - owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+: VI or better per Best's Key Rating Guide, latest edition. Original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. Upon expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless September 10, 2007 City of Miami Beach Bid No: 46-08107 14of34 Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current insurance within seven days of receipt of written notice at any time during the contract term, the City shall have the right to consider the contract breached and justifying the termination thereof. If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insureds hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. September 10, 2007 City of Miami Beach Bid No: 46-06/07 15 of 34 LEASING OF COPIERS BID # 46-06/07 (REVISED) INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1.000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder September 10. 2007 City of Miami Beach Bid No: 46-06!07 16of34 LEASING OF COPIERS BID # 46-06/07 (REVISED) 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this Bid is to establish a contract(s), by means of sealed bids, to a qualified vendor(s) for citywide digital copier service. The contract(s) to include but not limited to the delivery, integration, installation, service and maintenance including toners of all equipment pursuant to this bid solicitation. This includes an estimated 70 plus walk-up shared, integrated digital copiers to multiple locations. 2.2 TERM OF CONTRACT(S): This contract(s) may be in effect for a minimum of one year to a maximum of five (5) years from date of contract execution by the Mayor and City Clerk, and may be renewed by mutual agreement for three (3) additional years, on a year-to-year basis. Contractor shall maintain a State of the Art System, during the term of the Agreement in order to mitigate the risks of obsolescence in the System or its performance. At a minimum, should the City elect to enter into a five-year contract, the successful bidder must agree to replace the existing copiers with state of the art copiers at the half way point (30th month) of the contract. State of the Art copiers are defined as the most advanced, commercially available, copier technology solutions related to levels of performance, applications, equipment, software and components, based upon Industry standards. Option to Renew 1 Adiustment to Contract Amount: In the event the City of Miami Beach exercises its option to renew beyond the initial five (5) year contract, the City reserves the right to negotiate the renewal options, terms and conditions. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. 2.3 EVALUATION OF BIDS The Administration will utilize the following evaluation criteria to evaluate bids submitted by vendors: 1. The experience and qualification of the bidder (vendor) and key personnel (10 points). 2. CostNalue (50 points). 3. Methodology/Approach (15 points). 4. Past performance based on number and quality of the Performance Evaluation Surveys (10 points). 5. Copier Demonstration (15 points). 2.4 AWARD OF CONTRACT: Award of this contract may be made to the primary and secondary lowest and best bidders, pursuant to section 1.38 entitled "Determination of Award". Should the primary vendor fail to comply with the Terms and Conditions of this Contract, the City reserves the right to award to the secondary vendor, if it is deemed to be in the best interest of the City. September 10. 2007 City of Miami Beach Bid No: 46-08107 17 of 34 2.5 PAYMENT: Invoices shall be submitted monthly. These invoices shall be submitted to the City of Miami using department(s) that requested the service, through a blanket purchase order. The invoices shall reflect the service location(s), appropriate blanket purchase order number, model and serial number, date of previous meter reading, date of current meter reading. The City will not pay for overages. 2.6 DELIVERY TIME: A. To be the same as specified in the successful bidder Methodology/Approach. The City reserves the right to negotiate delivery schedule. B. It is the successful vendor(s) responsibility to remove the equipment at the end of the leases; however, the City may require the vendor to retain the equipment at the present location, past the expiration date of the lease. Under these circumstances, the City will contact the vendor with thirty (30) days written notice. Payment terms are to be mutually agreed upon. C. The City will notify the awarded vendor if the need to move the equipment to another location or site. A ten (10) day written notice will be provided by the lessee prior to any relocation request. The City shall not incur any additional cost associated with such a move. 2.7 SHIPPING TERMS: Prices shall include freight to City's premises, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized City representative. 2.8 ADDITION/DELETION OF UNITS: Although this Solicitation identifies specific units to be delivered and maintained, it is hereby agreed and understood that any new units may be added/deleted to/from this contract at the option of the City, at the awarded bid prices. 2.9 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Forms shall remain fixed and firm during the initial term of this contract. 2.10 PRE-BID CONFERENCE: A non -mandatory Pre -Bid Conference will be held at 2 p.m. on August 31't, 2007 at the City of Miami Beach, City Hall, 4th Floor, City Manager's Large Conference Room located at 1700 Convention Center Drive, Miami Beach, Florida 33139. 2.11 CONTACT PERSON: The contact person for this Invitation to Bid is Olga Serrano. The contact person may be reached by phone: 305.673.7490; fax: 786-394-4235; or e-mail: oloaserranoemiamibeachfl.aov. Communications between a proposer, bidder, lobbyist or consultant and Procurement Staff is limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the contact person, with a copy to the City Clerk, no later than ten (10) calendar days prior to the scheduled Bid opening date. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the Bid. Bidders should not rely on representations, statements, or explanations other than those made in this Bid or in any written addendum to this Bid. Bidders should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. September 10, 2007 City of Miami Beach Bid No: 48-06!07 18 01 34 YOU MUST FAMILIARIZE YOURSELF WITH GENERAL CONDITION 1.55, ENTITLED CONE OF SILENCE, WHICH SETS FORTH THE POLICIES AND PROCEDURES RELATIVE TO ORAL AND WRITTEN COMMUNICATIONS. 2.12 ESTIMATED QUANTITIES: The City estimates leasing a total of 70 (plus) copiers. Quantities stated are for bidders' guidance only and no guarantee is given or implied as to quantities that will be used during the contract period. 2.13 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE FORM) Each bid must be accompanied by a minimum of five (5) references of clients or government organizations for which the Bidder is currently furnishing or has furnished similar services. Reference shall include the name of the company, a contact person, the telephone number and e-mail address. However, should this information be omitted, the City reserves the right to request the omitted information. 2.14 FACILITY LOCATION: Various locations throughout the City of Miami Beach: The City will provide a list of specific location to the successful bidder. 2.15 BIDDER QUALIFICATIONS: In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of equipment included in this scope of work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; and has tested and serviced similar type, size and complexity of such (type of equipment). The evidence will consist of listing the type of, nature of work and number of units for each of the last five (5) years. 2.16 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.17 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. 2.18 COMPLETE INFORMATION REQUIRED ON BID FORM: All bids must be submitted on the attached Bid Form and all blanks filled in. To be considered a valid bid, the ORIGINAL AND SEVEN COPIES of the Bid Form pages and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.19 CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner in all situations. The successful bidder's employees must work as a cooperative team of well-trained professionals, and must serve the public with dignity and September 10, 2007 City of Miami Beach Bid No: 46-08107 19 of 34 respect. All business transactions with the City will be conducted with honesty, integrity, and dedication. 2.20 SERVICE REPAIRS TO COPIERS SHALL BE PROVIDED BY BIDDER: A. As outlined, part of the bidder's Methodology and Approach in section 3.0 will be of paramount importance in the award of this contract. No award will be made to any bidder regardless of Bid price, who has not demonstrated to the City total satisfaction that they have the capabilities to meet the service requirements of this Bid. 2.21 TRAINING The vendor shall schedule sufficient training sessions to adequately instruct personnel in the use of the equipment. This is to be performed after installation and prior to actual operation. Vendor shall provide a User's Manual for each copier. 2.22 DEMONSTRATION OF EQUIPMENT MAY BE REQUIRED DURING EVALUATION A. Vendors may be required to demonstrate the offered equipment for evaluation purposes, at no cost to the City. The purpose of the demonstration is to observe the equipment in an operational environment and to verify its capability, suitability, and adaptability. If a demonstration is required, the City shall notify the vendor in writing and will specify the date, time and location of the demonstration. If the vendor fails to perform the demonstration on the specified date, the vendor maybe considered non-responsive. The City shall be the sole judge of the acceptability of the equipment in conformance with the Bid specifications and its decision shall be final. B. The equipment used for the demonstration shall be the same as the manufacturer's model identified in the vendor's bid. The copiers provided by the successful bidder shall perform, at a minimum the same functions as the copiers utilized for the demonstration. 2.23 FURNISH AND INSTALL REQUIREMENTS Successful vendors are responsible for furnishing and installing all equipment ordered. Any technical omissions of functions or classes within the sections of these specifications shall not relieve the vendor from furnishing, installing or performing such work where required. 2.24 SUBSTITUTION OF ITEMS DURING TERM OF CONTRACT Prior written approval is required for substitution of any awarded equipment. Any equipment awarded will establish the new specification for the class for that Bidder for the balance of the contract period. The City retains sole discretion to accept and approve such requests when deemed to be in the City's best interest. 2.25 ENVIRONMENTALLY FRIENDLY — OZONE FREE TECHNOLOGY Bidder must provide copiers that earn the ENERGY STAR or have Third -party certification/Eco-labels such as EU, Nordic Swan, Blue Angel, or TCO. The vendor is encouraged to visit energystar.gov. September 10. 2007 City of Miami Beach Bid No: 46-06/07 20 of 34 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachtLgov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4235 September 12, 2007 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on firms that compete for City contracts. The information will be used to assist City of Miami Beach in the leasing of copiers for the City of Miami Beach. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Olga Serrano by September 26TH, 2007 by fax: 786-394-4235; or e-mail olaaserranoemiamibeachfl.aov. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director September 10. 2007 City of Miami Beach Bid No: 48-08107 21 of 34 erk MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4235 PERFORMANCE EVALUATION SURVEY ITB 46-06107 Company Name: Point of Contact: Phone and email: Please evaluate the performance of the company (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). Please leave blank if you don't know. NO. CRITERIA UNIT 1 Company reliability. (1-10) 2 Ability to maintain repair/delivery schedule. (1-10) Customer Service (communication, resolution of (1-10) 3 discrepancies, responsiveness of personnel servicing the account). 4 Problem solving skills (1-10) 5 Responsiveness to agency's priorities for service. (1-10) 6 Overall customer satisfaction and hiring again based on (1-10) performance (comfort level in hiring vendor again). Overall Comments: Company providing Referral: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: Thank you for your time and effort. Please return this form to 786-394-4235 Attn. Olga Serrano at: owl aserranoemiamibeachfl,g_ov , with a copy to stenhaniecamoanionvemiamibeachfl.aov September 10, 2007 City of Miami Beach Bid No: 46-06/07 22of34 LEASING OF COPIERS BID # 46-06/07 (REVISED) 3.0 MINIMUM SPECIFICATIONS 1. GENERAL: The City seeks to contract with a qualified, responsible vendor(s) for the award of the City's Copier Contract to include but not limited to the delivery, integration, installation, service and maintenance including toners of all NEW 2007 copier models. This includes an estimated 70 plus walk-up shared, integrated digital copiers to multiple locations. 1. Four hour maximum response time on all walk-up copiers with no more than 24hr. downtime on any digital copier: 2. Loaner on any copier that is not repaired within 24 hours to be replaced at no additional charge; 3. Copier(s) shall be replaced if the same repair service is required three (3) times within a 45 day period, or 6 times with a 90 day period; 4. Copier(s) shall be replaced at no additional cost under lease agreement through reasonable unavoidable conditions; 5. Technical Support and on-going training support for new features, software changes at no additional charge; Please note the following are minimum specs: (20 ppm), integrated to print, copy and fax, 30-50 sheet feeder reduce/enlarge (25% to 400%), 2-3 paper trays (auto select on two), duplexing, stapler, sorter, auto, manual and photo modes, scanner. Please state memory (mb), whether it is upgradeable, and dpi levels. Please state paper drawers and capacity for each. (30 ppm), laser print engine, integrated to print, copy and scanner, finishing/collating 25 page stapler, 64mb memory, 600x600 dpi and 256 levels of gray, reduce/enlarge (25% to 400%), adjustable paper handling up to 11x17, 3 paper trays (auto select on two), duplexing, 10 bin stapler sorter, auto, manual and photo modes. Please state paper drawers and capacity for each. (45 ppm), laser print engine, integrated to print, copy and scanner, 100 sheet auto feeder, finishing/collating 25 page stapler, 64mb memory, 6 GB HD, 600x600 dpi and 256 levels of gray, reduce/enlarge (25% to 400%), adjustable paper handling up to 11x17, 3 paper trays (auto select on two), duplexing, 10 bin stapler sorter, auto, manual and photo modes. Please state paper drawers and capacity for each. (55 ppm), laser print engine, integrated to print, copy and scanner, 100 sheet auto feeder, finishing/collating 25 page stapler, 64mb memory, 6 GB HD, 600x600 dpi and 256 levels of gray, reduce/enlarge (25% to 400%), adjustable paper handling up to 11x17, 3 paper trays (auto select on two), duplexing, 10 bin stapler sorter, auto, manual and photo modes. Please state paper drawers and capacity for each. One (1) Color Digital Copier minimum specs: • 30 ppm; • Volume cost and/or per page cost; • High Capacity Stacker; includes stapling finisher; • Networked connected; • Scanner; September 10. 2007 City of Miami BeQch Bid No: 46-06/07 23 of 34 4.0 BID SUBMISSION FORMAT Bids must contain the following documents, each fully completed, and signed as required. If any item (with the exception of cost information) that is requested below is omitted, then Bidders must submit the documentation within five (5) calendar days upon request from the City's Procurement Office, or the bid shall be deemed non-responsive. The City will not accept cost information after deadline for receipt of bids. 1. Table of Contents Outline in sequential order the major areas of the bids, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Points to Address: Bidders must respond to all minimum requirements listed below. Bids which do not contain such documentation may be deemed non-responsive. a) Introduction letter (i.e., Executive Summary) outlining the Bidder's capability to provide, install and support (service) digital copiers as outlined in this Invitation to Bid. b) References: List at least five client references, to include contact name, title, company, address, telephone number, e-mail address, fax number. Please ensure that the information provided is current. c) Qualifications of Bidder: Outline in detail the experience and qualifications of the business entity. d) Qualifications of Bidder's Key Personnel: Outline the experience and qualifications of individual(s) assigned to work on the City's account. Copies of resumes will suffice. e) Methodology and Approach: Describe in detail, your approach and methodology to ensure that excellent customer service is provided to the City. 3. Costs to the City: Complete and submit the cost proposal forms that are on pages 25 thru 28 for the copier(s) that you proposing to the City. 4. Acknowledgment of Addendums (if any) and all other documents required by this Bid. Complete and submit all forms listed on pages 29 thru 33. September 10, 2007 City of Miami Beach Bid No: 46-08/07 24 of 34 1. RESPONSE TIME: The City requires a return call within an hour after the initial service call was made. Supplier to indicate the number of hours in response time after initial service call was made: HRS The City requires the technician to arrive within four (4) hours after the initial call was made. Supplier to indicate the number of hours when technician is expected to arrive after the initial call was made. HRS UPTIME: The City requires 95% uptime of all Multifunction Copiers installed. Suppliers to indicate the percentage of guaranteed uptime: cyo 2. GUARANTEE: The city requires Total Satisfaction Guarantee to facilitate the determination of whether an equipment need to be replaces. Supplier to indicate if this is acceptable (please initial): Yes: No: 3. TRAINING: Supplier is responsible for training employees in the use of the new equipment after initial installation through the life of the contract. 4. INSTRUCTIONAL MANUAL Instructional manuals shall be included for all equipment acquired from the contract resulting from this Bid. The instruction manuals shall contain, but not be limited to: 1. Defining the capabilities of the equipment (specifications) 2. Describing the technical operation of the equipment. 3. Describing the installation and use criteria of the equipment. 5. INTERFACE The vendor will be responsible for identifying and resolving all interface parameters between the multifunctional machines and the existing equipment and/or network infrastructure. Warded vendors shall provide network engineers as required to bring equipment into full operation. The City shall be responsible for cable and telephone drops. 6. REPORTING REQUIREMENT Successful bidder(s) shall provide on a monthly basis, a citywide usage report for all copiers. Said report shall, at a minimum, provide the department name, copier ID number, and number of photocopies. September 10.2007 City of Miami Beach Bid No: 40-06107 25 of 34 LEASING OF COPIERS BID # 46-06/07 (REVISED) Bid Proposal Page 1 of 5 Minimum requirement for (20ppm)/ 5,000 Monthly Volume: YEAR, MAKE, MODEL, FEATURES, (ECO FRIENDLY): COST PER MONTH: 1 YEAR LEASE COST PER MONTH: 2 YEAR LEASE COST PER MONTH: 3 YEAR LEASE COST PER MONTH: 4 YEAR LEASE COST PER MONTH: 5 YEAR LEASE BIDDER'S NAME: SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: September 10, 2007 City of Miami Beach Bid No: 48-08107 26 of 34 LEASING OF COPIERS BID # 46-06/07 (REVISED) Bid Proposal Page 2 of 5 Minimum requirement for (30ppm)/ 15,000 Monthly Volume: YEAR, MAKE, MODEL, FEATURE, (ECO FRIENDLY): COST PER MONTH: 1 YEAR LEASE COST PER MONTH: 2 YEAR LEASE COST PER MONTH: 3 YEAR LEASE COST PER MONTH: 4 YEAR LEASE COST PER MONTH: 5 YEAR LEASE BIDDER'S NAME: SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: September 10, 2007 City of Miami Beach Bid No: 46-08/07 27 of 34 LEASING OF COPIERS BID # 46-06107 (REVISED) Bid Proposal Page 3 of 5 Minimum requirement for (45ppm)! 30,000 Monthly Volume: YEAR, MAKE, MODEL, FEATURE, (ECO FRIENDLY): COST PER MONTH: 1 YEAR LEASE COST PER MONTH: 2 YEAR LEASE COST PER MONTH: 3 YEAR LEASE COST PER MONTH: 4 YEAR LEASE COST PER MONTH: 5 YEAR LEASE BIDDER'S NAME: SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: September 10. 2007 City of Miami Beach Bid No: 46-06/07 28 of 34 LEASING OF COPIERS BID # 46-06/07 (REVISED) Bid Proposal Page 4 of 5 Minimum requirement for (55ppm)/ 50,000 Monthly Volume: YEAR, MAKE, MODEL, FEATURE, (ECO FRIENDLY): COST PER MONTH: 1 YEAR LEASE COST PER MONTH: 2 YEAR LEASE COST PER MONTH: 3 YEAR LEASE COST PER MONTH: 4 YEAR LEASE COST PER MONTH: 5 YEAR LEASE BIDDER'S NAME: SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: September 10, 2007 City of Miami Beach Bid No: 48-08107 29 of 34 LEASING OF COPIERS BID # 46-06/07 Bid Proposal Page 5 of 5 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: COMPANY NAME: SIGNED: (I certify that I am authorized to execute this proposal and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: Insert Date Addendum No. 3: Insert Date NAMEITITLE(Print): ADDRESS: CITY/STATE: TELEPHONE NO: FACSIMILE NO: September 10, 2007 City of Miami Beach Addendum No. 2: Addendum No. 4: ZIP: Insert Date Insert Date Bid No: 46.06/07 30 0f 34 CUSTOMER REFERENCE LISTING Bidder's shall furnish the names, addresses, and telephone numbers of a minimum of six (6) clients or government organizations for which the Bidder is currently furnishing or has furnished similar services. 1) Company Name Address Contact Person/Contract Amount Telephone No. E-mail 2) Company Name Address Contact Person/Contract Amount Telephone No. E-mail 3) Company Name Address Contact Person/Contract Amount Telephone No. E-mail September 10. 2007 City of Miami Beach Fax No. Fax No. Fax No. Bid No: 46-06/07 31 of 34 CUSTOMER REFERENCE LISTING (CONTD.) 4) Company Name Address Contact Person/Contract Amount Telephone No. E-mail 5) Company Name Address Contact Person/Contract Amount Telephone No. E-mail 6) Company Name Address Contact Person/Contract Amount Telephone No. E-mail September 10, 2007 City of Miami Beach Fax No. Fax No. Fax No. Bid No: 46-06/07 32 of 34 LEASING OF COPIER BID # 46-06/07 VENDOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: Bir Principal Office How many years has your organization been in business under your present business name? Does your organization have current occupational licenses entitling it to do the work/service contemplated in this Contract? Please state license(s) type and number: Include copies of above licenses and certificates with proposal. Have you ever had a contract terminated due to failure to comply with contractual specifications? If so, where and why? In what other lines of business are you financially interested or engaged? Give references as to experience, ability, and financial standing September 10, 2007 City of Miami Beach Bid No: 46-06/07 33 of 34 VENDOR'S QUESTIONNAIRE (CONTD.) Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub -consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. b. Individuals or entities (including our sub -consultants) with a controlling financial interest: have have not 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. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. I HEREBY CERTIFY that the above answers are true and correct. (SEAL) (SEAL) September 10, 2007 City of Miami Beach Bid No: 46-06/07 34 of 34