HomeMy WebLinkAbout2000 01 10 Consent E Contract With Information On Demand, Inc.
Date: 01102000
This Contract is being revised.
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COMMISSION AGENDA
ITEM E
January 10. 2000
Meeting
Consent X
Informational
Public Hearing
Re lar
/
City Manager Dept. Head
Authorization
REQUEST:
The General Services Department requests that the City Commission authorize
the execution of a contract with Information on Demand, Inc., Post Office Box
600, Winter Park, Florida 32790-0600.
PURPOSE:
The primary purpose of this agenda item is to allow for an independent contractor
to receive from the City and disseminate requests for proposals, formal bid
packages, and other solicitations to outside vendors on behalf of the city.
APPLICABLE LAW AND PUBLIC POLICY:
Purchasing Policies of the City of Winter Springs.
CONSIDERATIONS:
- The city is relieved of a significant administrative burden by the use of an
outside independent contractor to maintain a vendor database, and to
distribute formal bid packages and requests for proposals.
Significant savings in postage and administrative costs are realized through
the use of an independent contractor.
- There are no up-front costs for this service, and the only expenses that might
be realized on the part of the city are fees that would be charged by the
vendor for optional duplication, postage, and handling services.
January 10, 2000
City Commission Consent Agenda
Item "E"
FUNDING:
None Required.
STAFF RECOMMENDATION:
Staff recommends approval and authorization for the execution of the 100
contract.
ATTACHMENTS:
A. Proposed General Contract for Services between 1.0.0. and City.
B. 100 Proposal for Services
COMMISSION ACTION:
GENERAL CONTRACT FOR SERVICES
This Contract for Services (this "Contract") is made effective as of October 01,1998,
by and between City of Winter Springs Purchasing Department located at 1126 E.
State Road 434, Winter Springs, FL 327082715 and Information On Demand, Inc. of
PO Box 600, Winter Park, Florida 32790-0600. In this Contract, the party who is
contracting to receive services will be referred to as Winter Springs Purchasing, and
the party who will be providing the services will be referred to as IOD.
1. DESCRIPTION OF SERVICES. Beginning on October 01, 1998, IOD will
provide the services described in the attached "Proposal for Services"
2. PAYMENT FOR SERVICES. Winter Springs Purchasing will pay IOD according
to the fees covered in the following document.
3. TERMffERMINATION. Either party upon 30 days written notice to the other
party may terminate this Contract.
4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries,
inventions, patents, products, or other information (collectively the "Work Product")
developed in whole or in part by IOD in connection with the Services will be the
exclusive property of IOD.
5. CONFIDENTIALITY. IOD, and its employees, agents, or representatives will not
at any time or in any manner, directly or indirectly, use for the personal benefit of
IOD, or divulge, disclose, or communicate in any manner any information that is
proprietary to Winter Springs Purchasing unless so directed by Winter Springs
Purchasing. rOD and its employees, agents, and representatives will protect such
information and treat it as strictly confidential. This provision will continue to be
effective after the termination of this Contract. Upon termination of this Contract,
IOD will return to Winter Springs Purchasing all records, notes, documentation and
other items that were used, created, or controlled by IOD during the term of this
Contract.
6. WARRANTY. IOD shall provide its services and meet its obligations under this
Contract in a timely and workmanlike manner, using knowledge and
recommendations for performing the services which meet. generally acceptable
standards in IOD's community and region, and will provide a standard care equal to
or superior to care used by service providers similar to IOD on. similar projects.
7. ENTIRE AGREEMENT. This Contract contains the entire agreement of the
parties, and there are no other promises or conditions in any other agreement whether
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oral or written concerning the subject matter hereunder. This Contract supersedes
any prior written or oral agreements between the parties.
8. SEVERABILITY. If any provision of this Contract will be held to be invalid or
unenforceable for any reason, the remaining provisions will continue to be valid and
enforceable. If a court finds that any provision of this Contract is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision will be deemed to be written, construed, and
enforced as so limited.
9. VENUE. The laws of the State of Florida shall govern this agreement. Venue shall
be in Seminole County, Florida.
10. ATTORNEY'S FEE. In the event oflitigation the prevailing party shall be entitled
to receive reasonable attorney's fees and costs.
11. TERMINATION FOR DEFAULT. The performance of the Agreement may be
terminated by Winter Springs Purchasing in accordance with this clau~e, in whole or
in part, in writing with a 30 day notice, whenever Winter Springs Purchasing shall
determine that the contractor has failed to meet performance requirement(s) of the
Agreement.
12. PERIOD OF AGREEMENT. Agreement shall be awarded for a 36-month term to
begin upon approval by the City of Winter Springs City Manager.
13. OPTION TO EXTEND. The performance period of any contract resulting from this
solicitation may be extended upon mutual agreement between the Bidder and Winter
Springs Purchasing with no change in terms or conditions. Any extension of
performance period under this provision shall be in one-year increments. Any
agreement or amendment to the agreement resulting from this solicitation shall be
subject to fund availability and mutual written agreement between Winter Springs
Purchasing and successful Bidder.
14. EXERCISE OF OPTION. Exercise of option to extend term of contract: If Winter
Springs Purchasing wishes to enter into an option period, 90 days prior to expiration
of this contract Winter Springs Purchasing shall request from the contractor their
written statement of desire to enter into a 12 month extension of the performance
period.
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IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives,
have executed this Agreement effective the day and year first written above.
City Manager
City of Winter Springs,
Winter Springs, FL
By:
City Manager
Date:
ATTEST:
WITNESS/CLERK
By:
Authorized Signature
Title
CONTRACTOR
By:
O. F. Ramos, CEO
Date
A TrEST:
Witness
Witness
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Proposal for Services
Introduction
IOD is a Florida corporation that provides information services to government and
private businesses. Specifically, our company provides fax-on-demand, fax broadcasting,
database management, and Internet services. This proposal outlines services being
offered to the City of Winter Springs Purchasing Department hereinafter referred to as
"Winter Springs Purchasing". This proposal includes a description of these services,
methods of delivery and fees for said services.
PHASE I
Vendor Database Management
Winter Springs Purchasing agrees to forward an electronic file copy of its current vendor
database to Information on Demand, Inc. This information will be used to mail
informational letters to all current Winter Springs Purchasing vendors. The vendors will
be advised of the upcoming implementation of the Winter Springs Purchasing's IOD@
system. Included in the letter will be the following information:
1. Winter Springs Purchasing will no longer provide bidlRFP notification by
postcard, letter, fax, e-mail, telephone or send vendors unsolicited bid
packages.
2. Bid award or vendor participation information may no longer be given out
over the phone by Winter Springs Purchasing staff.
3. Information about upcoming bidsIRFPs may still be obtained at no cost to tlte
vendor by:
· Newspaper advertisement in the local paper
· Postings at the WINTER SPRINGS PURCHASING Office
· Via the Winter Springs Purchasing Internet site
. Via the IOD@ fax-on-demand system
4. A description of the IOD@ fax-on-demand services.
5. A listing of information to be stored on the system including current
procurement items, tabulation sheets, Winter Springs Purchasing policies and
procedures, etc.
6. Instructions on how to use the IOD@ fax-on-demand system.
IOD agrees to assume the reproduction and postage costs for the initial vendor mail-out
described above.
Should vendors wish to receive automatic notification of bidsIRFPs via fax and/or e-mail,
they will be invited to register with IOD for $30.00 per year. This service will provide
the vendor with immediate notification of all new bidsIRFPs developed by the Winter
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Springs Purchasing. They will then be allowed to order the bidlRFP package by regular
U.S. mail, express mail, e-mail or via the Internet. Should Winter Springs Purchasing
decide to bill vendors for bid/RFP packages, the vendor will receive an invoice for such
documents from IOD along with the requested materials. (See Literature Fulfillment
Services section).
Note: Should other cities within the borders of Seminole County decide to participate
in this program, registered vendors will receive bid/RFP notification services for those
agencies at no additional yearly charge.
Winter Springs Purchasing agrees to allow IOD to solicit by mail additional vendors for
purposes of having them register with IOD for automatic bid notification services. IOD
agrees to bear all cost of reproduction and mailing for these solicitation efforts.
Any new vendors requesting to be added to the Winter Springs Purchasing
bidders/vendors list shall be referred to IOD for registration into the database. IOD agrees
to have new vendors registered within 48 hours of receipt of their information.
Winter Springs Purchasing shall be given access rights to query the master vendor
database via the Internet. No editing of the database shall be permitted by anyone other
than 10 D staff.
Fax Broadcast Services
Routine Broadcasts
When a new bid/RFP is developed by Winter Springs Purchasing staff, a copy of
the legal advertisement or announcement shall be sent via e-mail to
mail@infoondemand.com. IOD agrees to provide Microsoft Word™ templates or
access to Internet-based templates to aid Winter Springs Purchasing staff in
preparing the bidlRFP advertisements or announcements. Winter Springs
Purchasing staff shall select the appropriate NIGP@ commodity codes applicable
to that particular project. The selected commodity codes shall be included with
the copy of the bidIRFP information and e-mailed to IOD. The vendor database
will be queried for vendors matching the desired commodity codes and a vendor
broadcast list developed.
Unless otherwise requested, the broadcast will be scheduled for the next 24 hours
following receipt of the new bidlRFP announcement by IOD. Because the fax
broadcast is an automated procedure, no advance warning can be given to vendors
who turn off their fax machines at night or whose phone number is the same as
their fax number. These vendors will not be able to receive the fax broadcast.
The broadcast will be repeated on three successive nights or until at least 90% of
the vendors selected have successfully received the information. Only numbers
unsuccessful during the previous broadcasts will be retried on the subsequent
broadcasts.
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Fax-on-Demand Services
Phone Number:
IOD will develop a fax-on-demand service for Winter Springs Purchasing. This
service will allow Winter Springs Purchasing customers to obtain procurement
information by fax 24 hours a day, seven days a week. The phone number
customers will call to access the service will be (407) 975-0021. This phone
number will be unique to Winter Springs Purchasing and no other county, city, or
company's information shall be accessible from this number.
Voice Prompts:
Voice prompts for Winter Springs Purchasing's system are developed in
cooperation with Winter Springs Purchasing management. Design and scripting
will be done within the current programming parameters of our system. Winter
Springs Purchasing shall be made aware of any special programming
requirements and a cost estimate will be prepared prior to proceeding.
Indexing Procurement Information:
Information to be loaded onto the Winter Springs Purchasing system will be supplied
to IOD in a Microsoft Word™ or compatible format. The information may be
delivered on diskette or via e-mail to Information On Demand. All e-mail should be
addressed to: mail@infoondemand.com.
Suggested information to be stored on the procurement system includes:
1. Current bids, RFPs, formal contracts and other solicitations
2. Vendor registration info'rmation
3 . Award recommendation
4. Winter Springs Purchasing department codes and procedures
5. Miscellaneous forms
Documents will be numbered according to the following scheme:
Document #
Descriotion
xxxxI
The legal advertisement, bid invitation or RFP
xxxx2
The entire bid package when made available for fax
xxxx3
The mail order request form for the entire bidlRFP
package should it not be feasible to fax
xxxx4
The bid tabulation sheet for that particular bid
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xxxx5
A list of all vendors who either picked up a bid
package or were mailed one
xxxx6
Any addendum to the original bid
xxxx7
The award recommendation
xxxx8
A list of all vendors who received the bid
invitationlRFP via fax broadcast. Information
includes date and time of transmission, and fax
number dialed
For example, for RFP-434 the bid tabulation sheet would be document # 4344.
Documents are numbered using only numeric characters. No alpha characters will
be used.
New Information
New information can be relayed to IOD in one of several ways:
I. Bye-mail. Information can be sent Via e-mail to:
mail@infoondemand.com.
2. Via fax. Information can be faxed 24 hours a day to (407) 599-0008.
New information will be loaded onto the system within 24 hours of receipt.
Deleting Old Information
In order to prevent vendors from trying to order out-of-date information, the
indexes of available documents needs to remain current. This can be done in one
of several ways:
1. Winter Springs Purchasing staff can simply line through out-of-date
documents on the index and then fax the corrected index to IOD.
2. Winter Springs Purchasing staff could e-mail desired changes to IOD.
3. Winter Springs Purchasing staff could call IOD during normal
business hours and advise which documents to delete.
Collect and Long Distance Calls
No collect calls will be accepted by IOD on behalf of Winter Springs Purchasing.
Winter Springs Purchasing will not be billed for long distance calls for fax-on-
demand or fax broadcasting services.
Customer Service
Technical support will be available from IOD staff during normal business hours,
9:00 AM to 5:00 PM EST, Monday through Friday. Calls after hours will be
answered as soon as possible. Winter Springs Purchasing customers needing
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technical assistance with the system should be referred to the IOD office at (407)
975-0000.
Internet Services
Basic Information Posting and Update
IOD agrees to post a listing of Winter Springs Purchasing current procurement
items on the Winter Springs Purchasing web site. Proper authoring rights must be
granted to IOD. If desired, IOD will host the web pages particular to Winter
Springs Purchasing on IOD's own server. This would obviate the need for access
through Winter Springs Purchasing's firewall.
Information will be posted to Winter Springs Purchasing's site within one
business day of receipt by IOD
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PHASE II
Literature Fulfillment Services
Duplication
IOD offers complete literature fulfillment services. If Winter Springs Purchasing
should choose to have IOD print the bidlRFP packages, Winter Springs
Purchasing will be charged three and one half ($0.035) cents per page. If Winter
Springs Purchasing elects to charge the vendor for the bidIRFP packages, any
duplication fees will be charged to the vendor. BidlRFP information to be printed
will be sent via e-mail tomail@infoondemand.comin a Microsoft Word™
format. BidlRFP packages will be produced as requested by vendors.
Postage and Handling
Winter Springs Purchasing agrees to reimburse IOD for any postage required for
materials sent on behalf of Winter Springs Purchasing. If Winter Springs
Purchasing elects to charge the vendor for the bidlRFP packages, any postage fees
will be charged to the vendor.
For packages mailed to vendors on behalf of Winter Springs Purchasing, a
handling fee will be assessed to the vendor. This handling fee will be added to
the document and postage cost and will appear on the vendor's invoice. The
Winter Springs Purchasing will not be assessed the fee.
Vendor Invoicing
IOD will invoice Winter Springs Purchasing vendors for materials processed by
IOD. Each vendor invoice will list the date, requested bid package number and
amount due. This invoice will be included with the requested materials. Fees will
be payable by vendors upon receipt of the materials. Checks from vendors will be
made payable to IOD and any funds collected by IOD for bid document charges,
in excess of handling, postage and duplication expenses, will be credited towards
Winter Springs Purchasing's next monthly charges. IOD agrees to keep detailed
records of amounts billed to or collected from vendors. In the event a balance is
due the Winter Springs Purchasing for the month, such amount shall be paid to
the Winter Springs Purchasing within 30 days.
IOD agrees to process all request for materials within 24 hours of receipt.
Materials will not be withheld pending payment from vendors unless the
requesting vendor has a past due balance older than 90 days. In such cases the
vendor will be notified of the outstanding balance and advised they can either
bring their account current or pick up the package from Winter Springs
Purchasing offices. IOD will send vendor statements every 30 days up to 90 days.
After 90 days the vendor will be notified that they will be unable to receive
information by mail until their account is brought current.
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