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HomeMy WebLinkAbout29-Development Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACMR I G I NAL From:Valerie C. Ross Subject: Resolution approving a Director Service Agreement with Convert-A-Doc for the Dept: Development Services provision of Document Imaging Services Date: August 24, 2006 MCC Date: September 18, 2006 Synopsis of Previous Council Action: Resolution 2003-211 Adopting Archival Fees for the Development Services Dept. Resolution 2004-58 Adopting Archival Fees for the Fire Department Recommended Motion: Adopt Resolution. Valerie C. Ross Contact person: joseph I ease, Building Offic'al Phones 384-5171 Staff Report, Resolution, Supporting data attached: and Agreement Ward: All FUNDING REQUIREMENTS: Amount: $ 107,300 Source: (Acct. No.) 001-181-5502 ($96,000) 001-203-5505 ($11,300) (Acct. Description) Finance: Council Notes: Ll S- Agenda Item Nn l� ��o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution approving a service agreement with Convert-A-Doc for the provision of document imaging services. Background: The California Health and Safety Code, Section 19850 requires local jurisdictions to maintain a copy of the approved plans for every building for which a construction permit is issued for the life of the structure. The Development Services and Fire Departments currently collect archival fees in order to cover the costs of electronic imaging of these plans to provide a permanent archived copy as required by law. The Development Services Department prepared specifications for imaging services. A potential vendor list of firms specializing in document imaging was developed by a search of the Yellow Pages, the Internet, and an inquiry to the Information Technology Department. No local firms were identified as a result of this search. The one local vendor that submitted a bid, Imagine Systems, responded to the notice on the City's Website. The Purchasing Division sent out notices inviting bids for a contract for the provision of such services per Specification No. F-07-04. Notices were sent to fifteen (15) vendors and the San Bernardino Area Chamber of Commerce, and an advertisement was placed in the San Bernardino Sun and on the City's web page. Requests for proposals were sent to the following firms: VENDOR NAME CITY Accelerated Imaging Inc. Yorba Linda, CA BidAmerica - Electronic Archiving Div. Murrieta, CA California CD Imaging Rancho Cucamonga, CA Cynrede Inc. Orange, CA Datagenix LLC Riverside, CA Data Microlmaging Company Valencia, CA Docucom Los Angeles, CA Document Imaging Technologies Brea, CA Fiser Document Solutions Brea, CA J.P. Morgan Los Angeles, CA Lason Cerritos, CA Onyx Technology San Diego, CA Omega Imaging and Microfilm Corp. Upland, CA Ramona Imaging Ramona, CA Redlands Digital Imaging Redlands, CA Bids were received from the following vendors: VENDOR NAME CITY Capitol Imaging Commerce, CA Convert-A-Doc Murrieta, CA Cynrede Inc. Orange, CA Document Imaging Technologies Brea, CA CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT — continued Imagine Systems San Bernardino, CA Integrated Scanning Newbury Park, CA My Info On-Line Long Beach, CA Matrix Imaging Costa Mesa, CA Onyx Technology San Diego, CA Nine (9) firms submitted proposals, one of which is a local firm. Development Services staff reviewed and scored the proposals and rated each proposal based on the following criteria: capabilities of firm, qualifications/related experience, and completeness of response. A point value between one and ten was used to rate each criteria for each firm. The rating scores were weighted at 35%, 45%, and 5% respectively for these criteria, and the weighted scores from four reviewers were averaged. A local preference of five (5) percent was added to the score of the local firm. After the scores were totaled, pricing was evaluated and weighted at 10%, and the highest rated vendor, Convert-A-Doc, was selected. The price rating (scale of 1-10, 10 being best) and the overall rating for the nine (9) firms that responded in the order of ranking are as follows: Firm Name Price Rating Overall Rating Convert-A-Doc 7.7 78.6 Integrated Scanning 6.7 78.3 Matrix Imaging 2.0 77.0 Document Imaging Technologies 5.0 73.2 Cynrede Inc. 4.0 67.8 Capitol Imaging 7.7 62.0 Imagine Systems 1.0 42.5 My Info On-Line 7.3 42.3 Onyx Technology 10.0 41.8 Based on the submitted proposals and pricing, Convert-A-Doc was determined to have the best overall rating. The proposal and pricing of the sole local vender, Imagine Systems, was not competitive, which is likely due to the fact that document imaging is not their primary business. Members of the Development Services and Fire Departments then visited the selected vendor's work site and determined that their overall operation was satisfactory. Since the Fire Department will also be using the imaging services of the selected vendor they were included in the selection process. Financial Impact: In FY 2003-2004 the City started collecting fees for archiving of building plans, permits and associated documents. Since inception of the fee in FY 2003-04 through the end of FY 2005-06, approximately $119,300 in revenue has been collected. A total of $42,500 is projected to be collected in fees in FY 2006-2007. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT— continued Development Services recently completed the RFP process to contract with an archiving firm and approval is requested for a purchase order in the amount of $107,300. A total of $54,500 has been included in the FY 06-07 expenditure budget for archiving services ($50,000 in Development Services account# 001-181-5502 and $4,500 in Fire Department account# 001-203-5505.) The remaining funds ($52,800) are available in unexpended funds from FY 2005-2006 and will be included on the carryover list to be carried over from FY 2005-06 into FY 2006-2007. Future annual archiving expenditures are expected to be approximately half of what is expected this FY once the archiving backlog of documents related to building and fire plans are caught up. Recommendation: Adopt Resolution. C(OPY 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERRNARDINO APPROVING A SERVICES AGREEMENT WITH DOULANIES Il LIMITED DBA CONVERT-A-DOC FOR THE 3 PROVISION OF DOCUMENT IMAGING SERVICES. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. Doulames II Limited dba Convert-A-Doc, a firm, being competent, 7 experienced and able to perform said services, has provided the most advantageous and best 8 responsible proposal for the provision of document imaging services, per Specification No. F-07-04. 9 Pursuant to this determination, the Director of Finance is hereby authorized and directed to issue a 1 o Purchase Order for said services to said finn in the amount of S 107,300,with two single year renewal 11 options; and all other proposals are hereby rejected. The Mayor is hereby authorized and directed to 12 execute the Agreement for Document Imaging Services on behalf of the City; a copy of which is 13 attached hereto and incorporated herein as Exhibit 1. 14 SECTION 2. The authorization to execute the above referenced agreement is rescinded 15 if it is not executed within sixty(60) days of the passage of this resolution. 16 18 19 20 2i 22 23 24 25 26 27 28 F"EMPE-NO,Doulames d'oa Convert-A-Doc Resolution.wpd 1 RESOLUTION OF THE CITY OF SAN BERRNARDINO APPROVING A SERVICES AGREEMENT WITH DOULAMES II LIMITED DBA CONVERT-A-DOC FOR THE _. PROVISION OF DOCUINIENT IMAGING SERVICES. 3 f 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on 7 the day of , 2006, by the following vote, to wit: s 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 VACANT 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 is Rachel Clark, City Clerk 19 The foregoing Resolution is hereby approved this_day of , 2006. 20 21 22 PATRICK J. MORRIS, Mayor City of San Bernardino 23 Approved as to form: 24 25 JAMES F. PENMAN City Attorney 26 28 TTNIPENO'Doulames dba Convert-A-Doc Resolution.wpd 2 Exhibit 1 AGREEMENT FOR DOCUMENT IMAGING SERVICES THIS AGREEMENT is made and entered into this day of , 2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and Doulames II Limited dba Convert-A-Doc, a California corporation ("Contractor"). WITNESSETH : A. WHEREAS, City proposes to have Contractor perform document imaging services described herein below; and B. WfitREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses and permits to practice and perform the services herein contemplated; and C. WHEREAS, City and Contractor desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their .., rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONTRACTOR 1.1. Scope of Services. Contractor shall furnish document imaging services to City in accordance with Bid Specification No. RFP F-07-04, attached and incorporated herein as Attachment A-1, and Contractor's Transmittal Letter dated May 17, 2006, attached and incorporated herein as Attachment A-2. 1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. F:\EMPENO\Doulames dba Convert-A-Doc Agreement.doc 1 I 1.3. "'arranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Contractor shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Contractor understands and agrees that Contractor shall maintain a fiduciary duty and a duty of loyalty to the City in performing Contractor's obligations under this Agreement. 2.0. • COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for such services an amount not to exceed 5107,300, in accordance with Attachment A-2. The volume of work and the amount Contractor shall be paid for such services is dependent upon the demand for such services resulting from development activity in the City and no minimum volume of work to be assigned is expressed or implied. 2.2. Additional Services. Contractor shall not receive compensation for any F:\EMPENO\Doulames dba Convert-A-Doc Agreement.doc 2 services provided outside the scope of services specified in Attachments A-1 and A-2, unless the City's Director of Development Services or her designee, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Contractor may submit invoices to City's Director of Development Services for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Director of Development Services for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Director of Development Services. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending one year after the Effective Date, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. There may be two (2) one (1) year extensions, upon the agreement of City and Contractor. 4.2. Notice of Termination. The City reserves and has the right and privilege F:\EMPENO\Doutames dba Convert-A-Doc Agreement.doc 3 of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in ,progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor. 4.4 Documents. In the event of termination of this Agreement, all documents and computer discs, prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished construction documents, index or indices, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents or computer discs, without specific written authorization from Contractor, shall be at City's sole risk and without liability or legal expense to Contractor. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars (S 1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. F:\EMPENO\Doulames dba Convert-A-Doc Agreement.doc 4 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limitin-. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project !Manager to work directly with Contractor in the performance of this Agreement. F:\EMPENO\Doulames dba Convert-A-Doc Agreement.doc 5 Contractor shall designate a Project Manager who shall represent it and be its anent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONTRACTOR: IF TO CITY: Stan Miner, Manager Valerie C. Ross Doulames II Limited Director of Development Services dba Convert-A-Doc 41085 Elm St. 300 North "D" Street Murrieta. CA 92562 San Bernardino, CA 92418 Tel: (951) 572-3364 Fax: 909-384-5080 Fax: (951) 677-4814 Tel: 909-384-5357 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of tills paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement. the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.1 Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. F:\EMPENO\Doulames dba Convert-A-Doc Agreement.doc 6 6.8 Indemnification and Hold Harmless. Contractor shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and emplovees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Contractor, its employees, agents or subcontractors in the performance of this Agreement. 69. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.11 Public Records Act Disclosure. Contractor has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. F:\EMPEN0\Dou1ames dba Convert-A-Doc Agreement.doc 7 6.12. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested. shall furnish clarification and/or explanation as may be required by the City's representative, re-arding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Partv Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 620. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or F:\EMPENO\Doulames dba Convert-A-Doc Agreement.doc 8 event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. HI F:\EMPENO\Doulames dba Convert-A-Doc Agreement.doc 9 AGREEMENT FOR DOCUMENT IMAGING SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, CONTRACTOR A Municipal Corporation, DOULAMES II LIMITED dba CONVERT-A-DOC By Patrick J. Morris, Mayor Steven Doulames, Director of Operations Approved as to fonn: James F. Penman, City Attorney By , t , i F:\EMPENO\Doulames dba Convert-A-Doc Agreement.doc 10 Attachment A-1 San Bernar ina May 1 , 2006 SUBJECT: REQUEST FOR PROPOSALS (RFP) F-07-04 The City of San Bernardino (City) invites proposals from qualified vendors for Imaging Services for the City of San Bernardino Development Services Department. Parties interested in obtainng a copy of this RFP F-07-04 may do so via Internet at: http:%iwww.sbcity.,Drq - Under "Bislnesses > Requeot for Bids > City Finance - or Jy fax!',-.,,, their request to (909) 384-5043, attention Sheila A. Futch. Copies of the RFP may also be obtained in person at City Hall, 300 N. "D" St., 4th floor, San Bernardino, CA 92418, (909) 384-5085. Closing Date: Proposals must be submitted at or before 3:00 PM, Wednesday, May 17, 2006 at the address listed above. Issuance of this RFP and/or receipt of proposals does not commit City to award a contract. Sincerely, Sheila A. Futch Purchasing Division SECTION I. INSTRUCTION'S TO OFFERORS INSTRUCTIONS TO OFFERORS A. Examination of Proposal Documents 1. By submitting a proposal, the Offeror represents that it has thoroughly examined and become familiar with the Nvork required under this UP and that it is capable of performing quality work to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFPs, for an undetennined period of time, the name of any Offeror for failure to accept a contract, failure to respond to two (2) consecutive UPs and/or unsatisfactory, performance. Please note that a "No Offer" is considered a response. B. Agenda Any City changes to the requirements will be made by written addendum to this REP. Any written addenda issued pertaining to this UP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound to any modifications to or deviations from the requirements set forth in this UP as the result of oral instruction. C. Clarifications 1. Examination of Documents Should an Offeror require clarifications of this REP, the Offeror shall notify the City in writing in accordance with Section D.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the natter which will be sent to all persons who have requested the REP. 2. Submitting Requests a. All questions, clarifications or comments must be received by the City no later than May 8, 2006, and be addressed as follows: RFP F-07-04 Imaging Services City of San Bernardino 300 North "D" Street 4th floor, Attn: Sheila A. Futch San Bernardino, CA 92418 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. The City will also accept questions sent by facsimile machines. however, all faxed questions must be received by the City no later than the specified above. Send facsimile transmissions to (909) 384-5043; attention Shell:. 'k. Futch. C. Inquiries received after May 8, 2006 will not be accepted. 3. Citv Responses Responses from the City will be communicated no later than May 10, 2006. D. Submission of Proposals 1. Date and Time All proposals are to be received by 3:00 p.m., PST, Wednesday, May 17, 2006. Proposals received after 3:00 p.m., PST, May 17, 2006, will be rejected by the City as non-responsive. 2. Address Proposals shall be addressed as follows: RFP F-07-.04 Imaging Services City of San Bernardino 300 N. "D" Street 4th floor: Attn: Sheila A. Futch San Bernardino, CA 92418. Proposals may be delivered in person to the Finance Department, 4th floor of the above address. 3. Identification of Proposals Offeror shall submit a proposal package consisting of: a) a signed original and one (1) copies of its proposal, and b) a completed and signed Price form in a sealed envelope, separate from the proposals, marked "Price Form". The proposal package shall be addressed as shown above, bearing the Off�ror's nanne and address and clearly marked as follows: "RFP F-07-04 Imaging Services" 4. Acceptance of Proposals a. The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. b. The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Offeror responding to this RFP. C. The City reserves the right to postpone proposal opening for its own con,enience. SECTION II. TECHNICAL SPECIFICATIOtiS R City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFiCA T ION NO. RFP F-07-04 Imaging Services A. Scope of Work - Contractor shall provide any and all necessary expertise, hardware, software and equipment necessary to perform document preparation, scanning, coding and indexing services for the City of San Bernardino Department of Development Services. Services include the ongoing conversion of paper records, as required, throughout the contract term. Contractor shall provide two (2) copies of each CD-ROM delivered to City. B. Contract Term - The contract term shall be three years, effective the day following the date of contract award by the San Bernardino City Council. The contract may be extended for two additional one-year periods at the option of the City. C. Services - Throughout the contract term and within two (2) working days of City IF I request, Contractor shall pick up boxes of file folders and rolls of plans which contain City records from City's Development Services Department, 300 Noifih °D" Street, San Bernardino, CA 92418, and shall return same records and labeled CD-ROMs to the same location. 4 D. Software — Vendor shall be responsible for assuring that all deliverables are importable to the City's existing Laserfiche system. Vendor shall indicate in response how this will be accomplished. E. Document Preparation. Contractor shall remove staples and paperclips from hard copy documents prior to scanning. After scanning, documents shall be stapled as found originally and replaced in file folders in the same order as when received. Likewise, file folders shall be placed back in boxes in the same order as when received. F. Security - Contractor shall follow the security procedures below in addition to Contractor's standard security procedures: 1. When picking up boxed documents and rolls of plans, Contractor's representative shall sign a receipt showing how many boxes and rolls are being picked up as well as the number of file folders per box. A maximum of 20,000 documents may be removed from City premises at any given time. 2. Records shall be transported from City's Development Services Department ti to and from (as necessary) Contractor's place cf business in a closed vehicle. Transportation is the responsibility of the contractor. A nationally recognized, reputable delivery company should be used. Optionally, the contractors own delivery vehicles may be used. 3. Immediately upon delivery of documents to Contractor's place of business, records shall be stored in an enclosed and lockable room. Contractor shall always keep City's records in a locked environment. 4. Contractor shall at any time be available to have its security procedures audited by City. 5. Contractor shall not disclose, either verbally, electronically, by facsimile, in writing or otherwise, any information contained in City's documents in Contractor's possession. 6. Documents shall be maintained in a retrievable manner for six months, unless the City requests that documents be returned. Instructions in regard to disposition of documents will be provided on transmittal sheets at time documents are picked up from the City. After the six-month period, unless instructed otherwise, the vendor shall completely shred and then recycle the documents. G Image Resolution/File Format - Scanning resolution shall be a minimum of 3,90 dpi. File format shall be TIFF and convertible to Adobe Acrobat formats. H. Indexing - Indexing structure shall be determined by City and Contractor following contract award but may vary, based upon record category. Each document may have up to four cross-reference indexes. Indexing will be done on the document level rather than on each page. Indexing may be accomplished by either manual data entry or automatic capture, as appropriate to each record category. Delivered CD-ROMs shall be in a format easily importable into the City's Laserfiche system. i. Quality Control - Contractor shall establish quality control measures to be certain that each CD-ROM meets the following criteria: 1. Images are of the same or better quality than the original document. 2. All documents presented for scanning are included in their entirety and in the order in which they were presented. 3. All images are accurately named and indexed. Prior to delivery to City, Contractor shall perform random testing of images to ensure appropriate image quality, proper directory structure and the accuracy and completeness of scanned documents. The number of documents reviewed shall be by mutual agreement between t,'-,e City and the Contractor. This nu7-ber may be reduced over time as confidence and document cuaiity . increase. Contractor shall provide a 100 percent review, if requ;red by City, for certain types of documents. City estimates that there will be up to two percent of documents requiring this 100 percent review. Contractor shall provide proof of testing of images. Contractor shall utilize reject procedures and notations when it is determined that a document will not pass quality control. If any page or document can not be reproduced with full legibility, Contractor is to identify every unreproducible page or document and inform City. Unreproducible pages and/or documents are to be preserved and returned to the City and shall not be shredded and recycled. If, upon review by City, unacceptable images are discovered, the Contractor at no additional cost to the City shall correct all such unacceptable images. J. Time for Performance - Turnaround time for the processing and return of documents created in the future on an ongoing basis shall not exceed two weeks. Should the City have an urgent need for a particu!ar document, box of documents or roll of plans in Contractor's possession, Contractor shall return such document or document(s) within 24 hours of request. K. User Training_- Contractor shall provide training at a City site for City staff who will use the scanned images, including how to search, view and print the electronic records. Training shall be provided at no additional cost to City. L. Review of Sample Documents - Prior to the date and time for receipt of proposals, interested firms may set up an appointment to view samples of the hard copy documents to be converted to CD-ROM by calling Mary Freiberg or Joseph Lease at the Development Services Department at (909) 384-5057. SECTION Ill. PROPOSAL CONTENT AND PRICE FORMS A. PROPOSAL FORMAT AND CONTENT 1. Presentation Proposals shall be typed, double spaced, and submitted on 8-1!2" x 11" size paper. Offers should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Proposals should not exceed fifty (50) pages in length, excluding any appendices. 2. Letter of Transmittal A Letter of Transmittal shall be included with the proposal, addressed to (Contractor's name), and must, at a minimum, contain the following: a. Identification of Contractor, including name, address and telephone; b. Proposed working relationship between Contractor and subcontractors, if applicable; C. Acknowledgment of receipt of all RFP addenda, if any; d. Name, title, address and telephone number of contact person during period of proposal evaluation:; e. A statement to the effect that the proposal shall remain valid for a period of not less than 90 days from the date of submittal; and f. Signature of a person authorized to bind Contractor to the terms of the proposal. 3. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where Contractor wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a proposal, Contractor warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by Contractor, and are valid and in full force and effect. Copies or legitimate proof of such license and/or certification shall be included in Contractor's proposal. Proposals lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. C. COST AND PRICE FORMS Contractor shall complete the Price Form in its entirety including: 1 ) all indivic"ual tasks listed and total price; 2) basis on which prices are quoted; and 3) Contractor's identification information including a binding signature. Contractor shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". AOWk RIQLEST FOR -'ROPOSALS: RFP F-07-0-1 DESCRIPTION OF WORK— Imaging Services CONTRRALCTOR'S NAME-,'ADDRESS: (SIGNATUREI (PLEASE PRINT NA',.',E) ,'ADDRESS) NAME/TELEPHONE NO./FAX NO. OF AUTHORIZED REPRESENTATIVE ANNUAL PURCHASE ORDER Effenve on or abcut .iuly l 2006 through June 30, 2007 Oplus four (_) single y ear options, for City- s partial requir,,ments, on an as-needed basis, with,no guaranteed usage. Option year one, if exercised, shall be effective July 1, 2007 through June 30, 2008. Option year two, if exercised, shall be effective July 1, 2008 through June 30, 2009. . Price Form The undersigned proposer hereby offers to provide document imaging services in strict compliance witn the specifications, terms and conditions set forth in this Request for Proposal. General Information A. Company Name: B. Company Address: C. Number of Employees: D. Average annual business volume over last three calendar years $ E. Number of years providing document imaging services at this location F. Please provide a minimum of three references: Company name, address, contact person and telephone number for which your company have current contracts or provided Imaging Services within the last three years. G. Primary contact person for the City of San Bernardino: Name: _ Telephone No. H. Business Organization Type. Indicate whether vour firm is an individual proprietorship, partnership, corporation, etc. 1. If incorporated, provide the following information: Date of incorporation: State of incorporation: Names and titles of all officers and directors: 2. If an individual, partnership, provide the following information: Formation date of company: Names and addresses of all partners, ind;ca`e whether they are general or limited panner I. Indicate whether your firm has ever failed to complete any contract awarded to it. If so, note when, where and why(enter here or attach narrative). J. Indicate whether your firm has been or is the subject of a bankruptcy or insolvency proceeding or is subject to assignment for the benefit of creditors. K. List subcontractors, if any, who will provide services under this contract. 1. Company name and address: Role under this contract 2. Company name and address: Role under this contract 3. Company name and address: Role um der tliis co:itract K. image clean up, if requested (e.g. de-speckle, de-skew, border erase, etc.) $ cost per image L. Image rotation, manual $ cost per image N1. Scanning @ 300 dpi resolution original documents in sizes as noted: $ cost per image 8 %_" x 11" $ cost per image 8 '/2" x 14" $ cost per image 11"x 17" $ cost per image Larger than 11"x 17" $ cost per image Smaller than 8 '/z" x 11" $ cost per image 16mm microfiche $ cost per image 35mm microfiche $ cost per image Building Plans, B size drawings (12" x 18") $ cost per image AWN Ar Building Plans, C size drawings (13" x 24") $ cost per image Building Plans, D size drawings (24" x 36") S cost per image Building Pla:s, E size drawings (36" x 48") cost per image i i t :r f' 5 t I Are there any other additional or incidental costs that will be required by your farm in order to meet the requirements of the Technical Specifications? Yes I No (circle one). If you �• �' said additi�-nal costs: answered -Yes",, please provide detail of Please indicate any elements of the Technical Specifications that cannot be met by your fine. — Have you included in your proposal all informational items and forms as requested? Yes / No . (circle one). If you answered "No", please explain: This offer shall remain firm for 90 days from RFP close date. Terms and conditions as set forth in this RFP apply to this proposal. In signing this proposal, Offeror warrants that all certifications and documents requested herein are attached and properly completed and signed. I-rom time to tithe, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your iron, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Received on: Addenda No: Received on: AUTHORIZED SIGNATURE: PRINT SIGNER'S NAME AND TITLE: DATE SIGNED: COMPANY NAME & ADDRESS: PHONE: FAX: IF NOT SUBMITTING AN OFFER, PLEASE STATE REASONS) BELONG': `c7rTION IV. EVALUATION AND AWARD SECTION IV. EVALUATION AND AWARD A. EVALUATION CRITERIA 1. Capabilities of Firm to Effectively Complete the Project Requirements - 35% Depth of Offeror's understanding of, and ability to manage, City's requirements; ability to meet task deadlines; utility of suggested enhancements or technical innovations. 2. Qualifications of Firm/Related Experience - 45% Experience in providing services similar to those requested herein; experience working with public agencies; strength and stability of the firm; strength, stability, experience and technical competence of subcontractors; assessment by client references; qualifications of project staff; key personnel's level of involvement in performing related work; logic of project organization; adequacy of labor commitment. 3. Reasonableness of Cost and Price - 10% Reasonableness of the individual firm-fixed prices and competitiveness of quoted prices with other bids received; adequacy of the data in support of figures quoted; basis on which prices are quoted. 4. Completeness of Response - 5% Completeness of response in accordance with RFQ instructions; exceptions to or deviations from the RFQ requirements which the Offeror cannot or will not accommodate; other relevant factors not considered elsewhere. 5. Local Vendor Preference - 5% As approved in Executive Order 2003-01--Offeror's which posses a fixed office or distribution point with at least one owner or employee located within the City of San Bernardino, and possessing all valid and current permits, and licenses required to transact such business, including, but not limited to a City Business Registration Certificate shall receive a five percent (5%) preference. [Unless contrary to Federal, State or Local Law (such as contracts for the construction of public works projects), or unless contrary to the requirements mandated by the funding source for such contractual services (such as the Federal Government or other source which requires award to the lowest responsible bidder). B. EVALUATION PROCEDURE All proposals received as specified will be evaluated by City staff in accordance with the above criteria. Additional sub-criteria beyond those listed may be considered by the evaluators in applying the major criteria to the bids. During the evaluation period, the City may require an on-site visit and/or tour of the Offeror's place of business. Offerors should be aware, however, that award may be made without vendor visits, interviews, or further discussions. C. AWARD Depending on the dollar amounts of the offers received, City staff will either select the vendor best meeting the above-specified criteria or submit to City Council, for consideration and selection, the offer(s) judged by staff to be the most competitive. The City reserves the right to withdraw this RFQ at any time without prior notice and, furthermore, makes no representations that any contract(s) will be awarded to any Offerors responding to this RFQ. The City expressly reserves the right to postpone bid opening for its own convenience, to waive any informality or irregularity in the bids received, and to reject any and all bids_responding to this RFQ without indicating any reasons for such rejection. The City also reserves the right to award its total requirement among two or more Offerors as City staff may deem to be in its best interests. In addition, negotiations may or may not be conducted with Offerors; therefore, the bid submitted should contain the Offerors most favorable terms and conditions, since the selection and award may be made without discussion with any Offeror. D. TIE BIDS If the final evaluation scores (after applying the local preference allowance) result in a tie score, then the recommendation for award will be given to the local vendor. E. NOTIFICATION OF AWARD Offerors who submit a bid in response to this RFQ shall be notified regarding the firm's) who was awarded the agreement. Such notification shall Ge made within a reasonable time after the date the agreement is aA;arded. 3. Appendices Information considered by Bidder to be pertinent to this RFP and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be reievant and brief. F. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. G. COST AND PRICE FORMS Bidder shall complete the Price Form in its entirety including: 1 ) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder's identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. NNON - COLLVSION AFFIDAVIT T0: THE COMtiION COUivCIL, CITE' OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of-per-jury: That he.'she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RIP Imaging Services. Business Name Business Address Signature of offeror X Place of Residence Subscribed and sworn before me this _ day of 72006. Notary Public i., and for the County of_ _ , State of California. My commission expires , 2A AVON GENERAL SPECIFICATIONS 1. Each proposal shall be in accordance-with Request for Proposals(UP)Number F-07-04. All specifications are minimum. Contractors are expected to meet or exceed these specifications as written. Contractor shall attach to proposal a complete detailed itemization and explanation for each and every deviation or variation from the RFP specifications and requirements. Conditional proposals,or those that take exception to the RFP specifications and requirements, may be considered non-responsive and may be rejected. 2. The City reserves the right to accept or reject any and all proposals and to award a contract to the Contractor who best meets our requirements. This may include waiver of minor irregularities or discrepancies,or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors,including but not limited to, workmanship, accessibility of parts and service,known evidence of manufacturer's or Contractor's responsibility and record,durability and known operational record of product and suitability as well as conformity to City needs and requirements. In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices offered. ' 4. Proposals shall be firm offers, subject to acceptance or rejection within 90 days of the opening thereof. 5. Regular dealer.No Contractor shall be acceptable who-is not a reputable manufacturer, dealer or provider of services of such items as submitted for proposal consideration. 6. All materials, workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which.it is intended to be used and shall be produced by use of the current manufacturing processes."Seconds", factory rejects, and substandard goods are not acceptable. 7. Each Contractor shall submit with his proposal a copy of the proposed product specifications, complete detailed drawings, and other descriptive matter in sufficient detail to clearly describe the equipment,materials, services and parts offered. 8. Manufacturer and,or Contractor(Contractor)shall defend any and all suits and assume all liability for any and all claims.made against the City of San Bernardino, or any of its officials or agents for the use of any patented process,device or article forming a part of equipment_or any item furnished under the contract. 9. Each Contractor must state in his proposal the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino,time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the offered items at the earliest possible date following the award of the contract. 10. Each Contractor shall list in his proposal all factory, manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the proposal. 11. Contractor shall furnish and deliver to the City complete equipment and/or services as proposed and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino(all transportation charges shall be fully prepaid), and shall include all discounts. Offer shall include California sales tax, where applicable,computed at the rate of 7.50° (this will normally be shown as a separate line item on the price form). 13. City shall snake payment within thirty(30)days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice. 14. All"standard equipment"is included in any offer. Contractors furnishing proposals under these specifications shall supply all items advertised as"standard"equipment and/or services even if such items are not stipulated in die specifications,unless otherwise clearly excepted in the proposal. 15. The items which the Contractor proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment and/or services pursuant to this RFP specifications shall guarantee that equipment and/or services meet specifications as set forth herein. If it is found that equipment and/or services delivered do not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. I k 17. By subnuttute a bid,each Contractor agrees that in the event complete d aivery is net made within the time or times set forth pursuant to this specification, damage will b•.- sustained by the City, and that it is, and will be impractical and extremely difficult to ascertain the actual damage which the City will sustain in the event of and by reason of such delay. 18. In case the delivery of the itetms under this contract is delayed due to strikes, injunctions, goyemnmert controis, or by reason of any cause or circumstance beyond the control of the contractor, the time for delivery may be extended(in the City's sole discretion)by a number of days to be determined in each instance by mutual writ'.en agreement between the Contractor and the Purchasing?Manager of the City of San Bernardino. The City shall not unreasonably refuse such extension. 19. Contract. Each proposal shall be submitted and received with the understanding that acceptance by the City of San Bernardino of proposal in response to this solicitation shall constitute a contract between the Contractor and the City. This shall bind the Contractor to furnish and deliver at the prices offered and in complete accordance with all provisions of RFP No. F-07-04. In most cases the basis of award will be the City's standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member, officer, or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest,direct or indirect in this contract or the proceeds thereof. Furthermore,the parties hereto covenant and agree that to their knowledge no board member, officer or employee of the City has any interest, whether contractual,non-contractual, financial or otherwise, in this transaction,or in the business of the contracting party other than the City, and that if any such interest comes to the knowledge of either party at any time,a full and complete disclosure of all such information wal be made in wTiting to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090)or Article 4.6(commencing with Section 1120) of Division 4 of Title I of the Government Code of the State of California. 21. One Document. These specifications, the notice inviting proposals,RFP F-07-04,the contractor's proposal, the written agreement executed by the parties, the purchase order and all documents referred to in the complete specifications and purchase order, and all modifications of said documents shall be construed together as one document.Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor,whether specifically set out tin the contract or not. All sections of the specifications shall be read as constituting a%hole and not as an aggregation of individual parts, and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all proposals. 23. Prompt payment. Each Contractor may stipulate in the proposal a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten(10)working days of receipt of material and approval of invoice. For the purpose of this provision,payment is deemed to be trade on the date of mailing of the City check. NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Sheila A. Futch at 909-384-5085. Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential Contractors. 25. Proposah'Price forms.No proposal will be acceptable unless prices are submitted on the pricing-forms furnished herein,the pricing forms are submitted in a separate sealed envelope, and all required forms are completed and included with proposal. Deliver all proposals, signed and sealed to the Purchasing Division,Finance Department at 300 North"D"Street,4`h Floor,City Hall, San Bernardino,California 92418. CLEARLY MARK THE SPECIFICATION TITLE IMAGING SERVICES AND NUMBER(F-07-04) ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All proposals must be received in the Purchasing Division no later than May 17,2006,3:00 PM,where at such time and said place proposals will be publicly declared and recorded. Any proposal may be withdrawn by Contractor prior to the above scheduled time for the opening of proposals.Any proposal received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category, or to award multiple contracts, or to award one contract for fumishing and delivering of all equipment and-or services in all categories. 28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one(1) OPERATORS IvIAN1;'AL and one(1)PARTS MANUAL for all equipment offered. 29. Ir. submitting a proposal to a public Furchasing body, the Contractor agrees that if the proposal is accepted. it will assign to the purchasing body all rights. title. and interest in and to all causes of action it may have under Section 4 of the Clayton Act(U.S.C. Sec 15)or under the CarMTight Act(Chapter 2, cortunencing with Section 16700 of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods. materials, or services by the Contractor for sale to the purchasing body pursuant to the proposal. Such assignment shall be trade and become effective at the time the purchasing body tenders final payment to the Contractor. 30. CONTRACTOR shall indemnify, defend and hold City,its officers,employees and agents harness from any claim, demand, liability,suit,judgment or expense(including, without limitation, reasonable costs of defense) arising out of or related to Contractor's performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by City's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing, during the term of this Agreement,Contractor shall maintain in effect policies of comprehensive public,general,and automobile liability insurance, in the amount of S 1,000,000 combined single limit, and statutory worker's compensation coverage,and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the City as an additional insured and shall provide for ten(10)day notification to the City if said policies are terminated or materially altered. T AITHF rt YERFORnorn�iGE BOOM eF um BONPi 3_. Z��c�-�.�-.a-ormn no:.o. (not required)The Contractor will be required to furnish a cashier's check,certified check or faithful performance bond made payable to the City of San Bernardino in an amount equal to 100%of the proposal price to insure the contractor's faithful performance of this contract. Said surety shall be subject to the approval of the City of San Bernardino,bonds shall be in accordance with Ordinance No. 821, Section 2400,and the corporation issuing said bond shall have a rating in Best's most recent insurance guide of"A"or better. 33. Written contract documents,duly authorized and signed by the appropriate authority,constitute the complete and entire agreement(s) that may result from the RFP. 34. City may,at its discretion, exercise option year renewals for up to 2 years, in one-year increments. 35. By submitting a proposal, Contractor warrants that any and all licenses and/or certifications required by laN , statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by Contractor, and are valid and in full force and effect. Copies or legitimate proof of such licensure and or certification shall be included in Contractor's proposal. Proposals laFkin2 conies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. i , I f iiic� .erY Duc El ectronic ArchicingDivisionBid:lme!-Ica Attachment 41085 Elm Street, Llurneta C%, 92562 A-` Tel: 951-1r.72-3377 Fax -51-677-4814 Websi!e. mvwv,convenadcc corn >;l TO 6 \Is. S!:eila A. Futch Cite of San Bernardino 300 North D St., 4th Floor San Bernardino, CA 92418 Re: Transmittal Letter for IZFP F-07-04 Imaging Services Dear lkls. Futch: Along with this transmittal letter will be BidAmerica/Conver-t-A-Doe's proposal for the Imaging Services for the.City of San Bernardino Development Services Department. Convert-A-Doc has served over 130 agencies in the past 10 years and includes 3 existing County Building & Safety and Planning Agency contracts in place. Tulare County Building & Safety & Planning and Imperial County Building & Safety Departments, we will scan several million documents,plan sheets and microfilm for FY2006. The references we have supplied will vouch for the duality of the service we have and will continue to provide. Sep era] of our existing clients use Laserl-iche Record Management System and do net have any index and image import issues. Convert-A-Doc has received one (1) Addendum to the RFP. This proposal shall remain valid for 90 days staring May 22, 2006. Sincerely, Steven Doulames Director of Operations 1 Company Profile Firm Name: BidAmericafonvert-A-Doc Firm Parent or Owm-rship: Doulames II. LTD Finn Address: 41085 Elm St. Murrieta, CA 92562 Firm Telephone Number: 951-57% ,377 Firm Fax Number: 951-677-4814 Number of years in existence: 10 Management person responsible for direct contact xvith the City of San Bernardino required for RFP F-07-04 Imaging Services: Name: Steven Doulames Title: Director of Operations Fax: 951-572-3377 Email: steveAbidamerica.com Name: Stan Miner Title:_ Archiving Division Manager Fax: 951-572-3364 Email: pr2Caj)bidamerica.com Person responsible for day-to-day servicing of the account: Name: Stan Miner Title: Archiving Division Manager Telephone Number: 951-572-3364 Fax: 951-677-4814 Email: pr2bidamerica.com 2. Types of services provided by the firm: Document. Oyersize Plan sheet. rnicrof_ ilm. Aperture Card & Microfiche conversion and microfilm creation. Services also include indexing. Qualifications of Firm: BidAmerica scanned its first image in 1995 and was incorporated in March of 1997. The Archiving Division was founded in September of 1997. Since that time, BidAmerica has converted many millions of documents; plan sets, microfiche, microfilm and aperture cards into electronic images. BidAmerica began as one of the Country's first Electronic On-Line Plan Rooms. Public ,Agencies who utilized the Plan Room for advertising their public works projects soon began to inquire about the potential of electronically archiving their large plan sheets and engineering drawings. Since that time we not only scan on a daily basis plans and specs for public works projects, but «e perform the same function for many of the Engineering, Building & Safety, and Planning Departments for cities and counties throughout the State of California. As of June 2000, BidAmerica has launched a new nation-wide division for the conversion of documents, engineering plans, microfiche, microfilm and aperture carne called Convert-A-Doc. Convert-A-Doc does all its own conversion work at our Murrieta, California location. N'e'e never send documents/plan sheets or microfiche/microfilm outside the state for overseas for conversion. Convert-A-Doc has served over 130 public agencies over the past 10 years and have a Registered iyil ; ngineer onsite at ail times should any, indexing or plan/spec questions arise. Convert-A-Doc has done many similar jobs converting and one of our latest is the document conversion jobs are with Tulare County Building& Safety and Planning Departments. Project Details and contacts are under references. 3 Convert-A-Doc has a full-time staff of 15 employees, and add temporary and part time staff due to the seasonal requirements of many municipal governments when new budget funds are normally available in January-July. Our success in the document, map, microfilm, microfiche and aperture conversion business stems from the repeat document conversion business from our clients. We enjoy this repeat business because we provide high quality, images & index information in a timely manner for reasonable cost. While we have served over 130 agencies in the past nine years. In quite a few cases, there is no repeat business because we are converting the "backfile" for import into their document management systems and install imaging systems for "day forward". Once we have completed the "backfile" the agencies do their own internal imaging and indexing for the"day forward". Convert-A-Doc has recently been chosen as the vendor for Tulare County Resource Management for Building & Safety and several other departments. The initial contract value of$260,000 contract w ill be soon be on the agenda to be reviewed by Council for approval. The second year of the contract value will nearly be another $200,000. We have just been chosen by Monterey County Assessor to covert over 1.3 million pages of assessor files. Con vert-A-Doe's Facility consists of 1 office building, 1 scanning building/warehouse and two storage building. We have a six-foot fence with barbwire that encircles the entire complex; an electric gate that is kept closed and we have a guard dog on duty during after hours. Convert-A-Doc also has a back-up generator so that power interruptions will not interfere with our 24-hour scanning operation. Insurance: BidAmerica currently carries insurance, which covers us up to a maximum of$2,000,000.00 4 Description of Services: Off-Site Scanning Pict: Up and Return of Documents as Required: Convert-A-Doc employees, in a company owned vehicle, will arrive at specified locations to pick-up and return the Documents to Imaged. Document Preparation: • Each of the 2-4 trained staff used in document preparation will do the following: • Remove documents from folders, binders or other format. • Remove staples, paper clips, fasteners and tape"sticky" notes or undersized documents on 8.5" X 11"to allow scanning. The sticky note pages will be placed in front of original document where removed. • Tape damaged paper and straighten for scanning. • Insert Bar Code Separator Sheets Scanning/Equipment Used: Each scanner has a minimum of 1 qualified staff during each shift. For page size up to 8.5"X 14": The equipment we intend to use is one (1) Fujitsu Model 4099VRS or similar scanner capable of scanning 180 duplex pages per minute. For page size larger than 11" X 17" The equipment we intend to use are two(2)Contex Model 4100 or similar scanner capable of scanning 750 D size plan sheets each per shift, Each of the computers that are connected to the scanners will have both an internal and external hard drive. All scanning will be a minimum of 300dpi, Group 1V TIFF. 5 Image Clean up and Quality Review During tlic scanning process, our employee is looking for possible rescans. views each and e�erN Image. This is our first quality control check. After images have been scanned, there Hill be 100% image review and capture verification to AIIAf accepted practices. Images will cleaned-up by using software and hardware that despeckles and deskews. After Scanning, the images will be deskewed and rotated to proper orientation, and images are reviewed a second time. This is the second quality control check of image quality. Indexing: Indexing is to be performed by viewing each document and keying in the required information. Since each image is viewed, this is our third quality control check. We use the "double blind entry" method of keying in the information by separate operators then comparing the index tables. All discrepancies are AV% identified and resolved. This w111 assure near perfect index accuracy. Images .Hill be indexed by Street Address, Permit Number or ther required fields-up to four index fields are included in imaging pricing. Additional index fields can be added at additional cost. Index and Image Format: Index tables will be Microsoft Access format and Images will be Group IV TIF. The index tables and images will be formatted for Import into LaserFiche Record 'Management System. Reassem bly: All documents will be reassembled in the identical order received. Oversize documents will be collated with letter, legal and smaller document sizes in the identical order removed. Oversized documents will have a page location sheet prior to each oversize sheet. The location sheet will state where the oversize pages belong in a particular document. 6 Media: Index tables and related images �N ill be burned to Mlaster CD %kith an additional copy of each provided to the City. Access to Documents during the scanning process: Requests for documents that are in Convert-A-Doc's possession during the scanning process may be handled in several ways based on the client's preference. Upon receiving the request for a document, Convert-A-Doc will locate the documents and either fax them, scan them and e-mail the images or mail them via next day delivery. E-mailed images will be able to be viewed by anyone having the Windows software on their computer. From there they can print out copies if needed. Emergence deliver, time: Most requests for documents are handled in under 2 hours from the time we receive the request. Requests for documents to be returned NN ill be mailed back via next day air or returned by Convert-A-Doc employee at additional charge. Document Storage-If required: Documents will be stored on site in our warehouse for six months after images and database are provide to the City at no additional charge. It is the City's responsibility to contact Convert-A-Doc prior to the end of the storage period if items are to be returned. After six months, the document boxes will be destroyed and a letter certifying quantity of boxes and contents will be sent to the City contact. 7 C'redent;als/Resurnes of Key Personnel: S'.e,en Doulames, Registered Civil Engineer, Director of Operations for BidAmerica. Steve is also one of the founders of BidAmerica. His background includes system development, software development, and database integration «ith numerous archiving systems as well as network administration. As a Registered Civil Engineer, he has extensive background with AutoCAD and GIS Sy steins as well as numerous other imaging/design packages. Sean Irish, Quality Control Manager: Convert-A-Doc specializes in processing large volumes of data and images in a very accurate and expeditious fashion. This accuracy is derived from the efforts of Sean Irish. He has developed and implemented numerous "double-check" modules within our system that assures us of maintaining the highest image quality available, as well as having each database record . perfectly matched with the appropriate image file. Stan Miner,Archiving Division Manager, who has 20+years of project management experience. will be also assigned to the project. Both Steve and Stan will be ;►pdated daily of f project status and ,+ill J meet with City of Corona officials during the project development review prior tojob start. 8 Reference List County of Imperial. CA: Scanmd 450,000 County Assessor documents on-site. Completed task in 8 days. Indexed for import in Questys Document Management System Imperial Count)- Assessor Jose Rodriguez 940 W. Main Street.Suite 115 [1 Centro,CA 92243-2874 (7 60)482-4579 joserodriguezCimperialcount)•.net Tulare County Resource Management Agency: Scanning in process for all Building R Safety and Plarming Plan sets, permits and other assorted documents for import into Laseffiche Document Management System. Building Official Dave Dean 5961 South Mooney Bled Visalia,CA 93277-9394 (559)733-6291 DDeanvco.tulare.ca.us County of Monterey: Scanned and indexed over 1.5 million County Assessor documents for import into Questys Document Management System. County Assessor,County Clerk-Recorder Mr. Stephen L. Vagnini Assessor's Office 240 Church Street,RM 202 Salinas,CA 93902 (831) 755-5803 vagninis aco.monterey.ca.us 9 City of Sunnyvale,CA: Work in progress. Currently convening approximately 2.3 million microfiche images and presently scanning Building Department Plan Sheets and Permits. Ongoing project. Building Department Diana Perkins 456 West Olive Ave. Sunnyvale,CA 94088 (408)730-7455 dperkins@ci.sunny%-ale.ca.us Cite of El b1onte Police Department: Completed the scanning of more than 900,000 documents. Indexed all images by CR/AR case numbers, UCR codes and suspects name. Created LaserFiche volumes for importation into the client's LaserFiche Document Management System. Ongoing Project. El Monte Police Department Paul Gallovich,IS Department or Captain Steven Schuster 11333 Valley Blvd. El Monte,CA. 91731 (626) 580-2116 pgallovich(a�police.ci.el-monte.ca.us City of Danville, CA: Converted approximately 250,000 microfiche images. Created LaserFiche volumes for importation into the client's LaserFiche Document Management System. Mr. Fred Korbmacher Development Coordinator Danville,City of 510 La Gonda Way Danville, CA 94526 (925)314-3317 fkorbmacher@ci.danville.ca.us 10