HomeMy WebLinkAbout05.F- Finance 5.F
RESOLUTION (ID # 4484) DOC ID: 4484 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Brent Mason M/CC Meeting Date: 06/20/2016
Prepared by: Veronica Martinez, (909)
384-5242
Dept: Finance Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of Agreements and Purchase Orders for the Provision of Multifunction
Copier Equipment, Supplies and Maintenance with the Following Vendors: Advanced
Copy Systems; Advanced Imaging Solutions; Burtronics Business Systems; Canon
Solutions America; Cell Business Equipment; Daisy It; Konica Minolta; Toshiba
Business Solutions and Xerox Corporation. (#4484)
Current Business Registration Certificate: Yes
Financial Impact:
Departments will include funds in their budgets for copier usage costs.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
4/19/2010 - Resolution 2010-73 approved
9/7/2006 - Resolution 2006-307 approved
Background:
In 2006 and again in 2010, the County issued Request for Proposals (RFP) for a copier
rental program which, with the approval of the Mayor and Common Council, the City of
San Bernardino entered into cooperative agreements with the approved lists of County
Vendors. The City of San Bernardino's Purchasing Code, allows purchases from a
vendor or manufacturer which, through the City's bidding procedure, or other California
government or governmental agency's bidding procedure has established a price at
which such a vendor or manufacturer is willing to sell to the City.
Recently the County of San Bernardino issued an RFP for copier rental program and
awarded agreements to: Advanced Copy Systems; Advanced Imaging Solutions;
Burtronics Business Systems; Canon Solutions America; Cell Business Equipment;
Daisy IT; Konica Minolta; Toshiba Business Solutions and Xerox Corporation. The
Finance Department is recommending that the City also award contracts based upon
the County's RFP for the provision of multifunction copier equipment, supplies and
maintenance.
This recommendation will allow City departments to choose from a complete selection
of brands, models, and types of equipment. Departments will be given the opportunity
Updated: 6/13/2016 by Georgeann "Gigi" Hanna A Packet Pg. 130
5.F
4484
to use any of the above-recommended vendors to select their equipment. The
availability of multiple vendors, copier models and new technology provides maximum
flexibility, which will improve efficiency without restricting the needs of the departments.
City Attorney Review:
Supporting Documents:
RESO - Copier Equipment Supplies and Maint - 2016 (DOCX)
County RFP Agency 15-PUR-1356 - Exhibit "A"(PDF)
4484 B1 (PDF)
4484 B2 (PDF)
4484 B3 (PDF)
4484 B4 (PDF)
4484 B5 (PDF)
4484 B6 (PDF)
4484 B7 (PDF)
4484 B8 (PDF)
4484 B9 (PDF)
County Bid Analysis(PDF)
Resolution 2010-73 (PDF)
Resolution 2006-307 (PDF)
Updated: 6/13/2016 by Georgeann "Gigi" Hanna A Packet Pg.-131
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RESOLUTION NO. v
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF c
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS AN
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PURCHASE ORDERS FOR THE PROVISION OF MULTIFUNCTION COPIE
4 EQUIPMENT, SUPPLIES AND MAINTENANCE WITH THE FOLLOWINGL
VENDORS: ADVANCED COPY SYSTEMS; ADVANCED IMAGING SOLUTIONS; N
s BURTRONICS BUSINESS SYSTEMS; CANON SOLUTIONS AMERICA; CELL a
6 BUSINESS EQUIPMENT; DAISY IT; KONICA MINOLTA; TOSHIBA BUSINESSo
SOLUTIONS AND XEROX CORPORATION.
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WHEREAS, CITY has need for Multi-Function Copiers (MFC), Supplies, Maintenancem
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9 and service, and, a
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10 WHEREAS, the CITY'S Purchasing Code allows purchases from a vendor o 0
11 manufacturer which, through the City's bidding procedure, or other California government or
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governmental agency's bidding procedure has established a price at which such a vendor of
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manufacturer is willing to sell to the City. Q
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15 NOW THERFORE,BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. Advanced Copy Systems; Advanced Imaging Solutions; Burtronics
18 Business Systems; Canon Solutions America; Cell Business Equipment; Daisy It; Konica
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Minolta; Toshiba Business Solutions and Xerox Corporation were the most responsive bidders a
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for the copier replacement program bid, awarded by the County of San Bernardino (RFP- C
21 Agencyl5-PUR-1356)on March 11,2015. Copy of said RFP, and bid analysis are attached to
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this resolution and incorporated herein as Exhibit"A".
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SECTION 2. Under the terms of this purchase,the City Manager is hereby authorized to
24 execute Master Rental Agreements, attached and incorporated herein as Exhibit"B-1"Advanced 0
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Copy Systems,Exhibit`B-2"Advanced Imaging Solutions, Exhibit`B-3"Burtronics Business N
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Systems, Exhibit`B-4" Canon Solutions America, Exhibit`B-5" Cell Business Equipment,
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Exhibit B-6 Daisy IT, Exhibit B-7»Konica Minolta, Exhibit B-8 Toshiba Business
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Solutions, Exhibit`B" 9"Xerox Corporation, and the Finance Department is hereby authorized
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i and directed to issue annual Purchase Orders for three(3)years for FY 2015-16 through FY c°v
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2 2017-18,with an option of two one-year extensions (FY 2018-19 and FY 2019-20) to the nine
3 (9) above mentioned vendors.
4 SECTION 3. This contract and any amendment or modification thereto shall not take
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5 effect or become operative until fully signed and executed by the parties and no party shall be JA
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obligated hereunder until the time of such execution. No oral agreements, amendments,
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8 modifications or waivers are intended or authorized and shall not be implied from any other EEi
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9 course of conduct of any party. Q
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10 SECTION 4. The authorization to execute the above-referenced Agreements and w 0
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Purchase Orders are rescinded if not issued within ninety(90) days of the passage of this w
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY O o
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS AN
PURCHASE ORDERS FOR THE PROVISION OF MULTIFUNCTION COPIE
EQUIPMENT, SUPPLIES AND MAINTENANCE WITH THE FOLLOWING
3 VENDORS: ADVANCED COPY SYSTEMS; ADVANCED IMAGING SOLUTIONS;
BURTRONICS BUSINESS SYSTEMS; CANON SOLUTIONS AMERICA; CELL
4 BUSINESS EQUIPMENT; DAISY IT; KONICA MINOLTA; TOSHIBA BUSINESS o
5 SOLUTIONS AND XEROX CORPORATION. v
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and v
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Common Council of the City of San Bernardino at a meeting thereof,
8 held on the day of ,2016,by the following vote,to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT o
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11 MARQUEZ
BARRIOS w U
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VALDIVIA "
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13 SHORETT
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14 NICKEL
15 RICHARD It
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18 Georgeann Hanna, City Clerk
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20 The foregoing resolution is hereby approved this day of , 2016. Q
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R. Carey Davis, Mayor E
City of San Bernardino
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23 Approved as to form: w
24 Gary D. Saenz, City Attorney a
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REQUEST FOR PROPOSAL Date: January 16,2015 Proposal No.AGENCY15-PU - 35R 1 6
COUNTY OF SAN BERNARDINO
PURCHASING DEPARTMENT Page No. 1 of 25 Pages a
Materials: Copiers/Multi-Function Office Machines a7
Submit each individual proposal in separate sealed envelope with W
proposal number marked on outside to: L
To Be Delivered To: Countywide County Purchasing Agent
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77 East Rialto Avenue O
For further information,contact:Bill Brock, San Bernardino,CA 92415-0760 U
Deputy Purchasing Agent BEFORE: Wednesday, March 11'h,2015 at 4:00 PM PST
bbrock @pur.sbcounty.gov 2
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INSTRUCTIONS AND CONDITIONS
1. All prices and notations must be typewritten or printed in ink.No erasures 18. Neither party will be held liable for failure or delay in fulfillment if hindered
permitted. Mistakes may be crossed out and corrections made adjacent, or prevented by fire,strikes,or Acts of God.(Force Majeure)
and must be initialed in ink by person signing quotation. 19. Quotations are subject to acceptance at any time within 60 days after L
2. State brand, or make, on each item. If quoting an article exactly as opening of same,unless otherwise stipulated. �O
specified, the words "or equal" must be stricken out by the Vendor. If 20. Verify your quotations before submission,as they cannot be withdrawn or to
quoting on other than make,model or brand specified, the manufacturer's corrected after being opened. 0
name and the catalog number must be given, or descriptive cut and 21. RETURN THIS SHEET WHETHER OR NOT YOU QUOTE A PRICE. If 0.
information attached to the quotation. you do not quote, state your reason; otherwise, your name may be „a
3. Quote on each item separately.Prices should be stated in units specified. removed from the mailing list.
4. Each quotation must be in separate sealed envelope with proposal number 22. Accounts paid for transportation of property to the County of San M
on outside, and must be received by County Purchasing Agent, 777 East Bernardino are exempt from Federal Transportation Tax. An exemption N
Rialto Avenue,San Bernardino,CA 92415-0760 not later than the hour and certificate is not required where the shipping papers show the consignee as =
day specified hereon,at which time it will be publicly opened and read. For San Bernardino County;as such,papers may be accepted by the carrier as d
the purposes of this proposal,the time specified will be as defined by the proof of the exempt character of the shipment. E
official time clock located in the Purchasing Department. Late or 23. To be considered, each Vendor must register with the epro system at d
incomplete proposals will not be accepted. https://epro.sbcounty.gOv/epro/on file. L
5. Time of delivery is a part of the consideration and must be stated in definite 24. The Vendor agrees to comply with Executive Orders 11246,11375,11625, t)
terms,and must be adhered to.If time varies on different Items,the Vendor 12138,12432,12250,Title VII of the Civil Rights Act of 1964,the California w
shall so state in the column provided,opposite each item. Fair Employment Practice Act, Equal Employment Opportunity, San O
6. Terms of less than 30 days for cash discount will be considered as net. Bernardino County Emerging Small Business Enterprise program, and C
7. All quotations must be signed with the firm's name,by a responsible officer other applicable Federal,State,and County laws,regulations,and policies O
or employee.Obligations assumed by such signatures must be fulfilled. relating to equal employment and contracting opportunities,including laws 7
8. Unless otherwise definitely specified, the prices quoted herein do not and regulations hereafter enacted. The articles covered by the quotation t,)
include California Sales Tax. must conform to safety orders of OSHA, CALOSHA and/or NIOSHA,and d
9. No charge for packing,drayage, or for any other purpose will be allowed OSH-POD. X
over and above the prices quoted on this sheet. 25. Assignment of the contract by the Vendor to other suppliers/contractors W
10. The right is reserved,unless otherwise stated,to accept or reject any or all must be approved by the Purchasing Agent. N
quotations,or any part thereof,either separately or as a whole,or to waive 26. Prevailing Wage Laws(if applicable) L
any informality in a proposal. By its execution of this Agreement, Contractor certifies that it is aware of 0
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11. Cost is an important factor in the evaluation process,but the County is not the requirements of California Labor Code Sections 1720 et seq.and 1770
obligated to accept the lowest cost proposal. At the County's discretion, et seq. As well as California Code of Regulations,Title 8,Section 16000 et Q
considerations other than price may factor into a decision as to which seq. ("Prevailing Wage Laws"), which require the payment of prevailing
products provide the best overall value to the County. wage rates and the performance of other requirements on certain"public
12. Samples of items,when required,must be furnished free of expense to the works"and"maintenance"projects. If the Services are being performed as 00
County; and if not destroyed by tests, will upon request be returned at part of an applicable"public works"or"maintenance"project,as defined by
Vendor's expense. Vendors shall pick up their items within five days after the Prevailing Wage Laws,and if the total compensation is$1,000 or more,
they have been notified that the testing has been completed. Items not Vendor agrees to fully comply with such Prevailing Wage Laws. Vendor
picked up will be disposed of at the discretion of the Purchasing Agent. shall make copies of the prevailing rates of per diem wages for each craft, Q
13. In case of default by the Vendor, the County of San Bernardino may classification or type of worker needed to execute the Services available to ,
procure the product(s)from other sources and may deduct from unpaid interested parties upon request, and shall post copies at the Vendor's
balance due the Vendor,or may collect against the bond of surety,or mail principal place of business and at the project site.Vendor will also adhere
bill for excess costs so paid, and the prices paid by the County of San to any other applicable requirements, including but not limited to, those X
Bernardino shall be considered the prevailing market prices paid at the time regarding the employment of apprentices, travel and subsistence pay, W
such purchase is made, retention and inspection of payroll records, workers compensation and '
14. All freight charges must be itemized separately on all responses to this forfeiture of penalties prescribed in the Labor Code for violations. Vendor to
RFP. If shipping cost is included in the product unit cost, deduct the shall defend, indemnify and hold the County, its elected officials, officers, M
amount added for shipping and show it as a separate line item. Freight employees and agents free and harmless from any claims,liabilities,costs,
terms to be FOB destination. penalties or interest arising out of any failure or alleged failure to comply
15. Cost of transportation, handling, and/or inspection on deliveries, or offers with Prevailing Wage Laws,
for delivery,which do not meet specifications,will be for the account of the 27. Conflict of Interest: Your signature hereon certifies that no County d
Vendor. employee,whose position in the County service enables them to influence u)
16. The Vendor shall hold the County of San Bernardino, its officers, agents, any award of your offer or any competing offer, shall have any direct or T_
servants and employees, harmless and defend same from liability of any indirect financial interest in any transaction resulting from this request for >%
nature or kind on account of use of any copyright or uncopyrighted proposal. U
composition, secret process, patented or unpatented invention, article, or 28. Vendors making delivery or providing services on County premises shall 4
appliance furnished or used under this quotation. carry liability insurance and Worker's Compensation coverage in Q
17, PRICES QUOTED F.O.B.DESTINATION UNLESS OTHERWISE accordance with the County's Standard Practice requirements. d.
STATED.
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The following must be filled in by the contractor in submitting his proposal:
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Date Company p
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Delivery will be made in days Address ;.
from receipt of order unless otherwise noted. _
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;ash Discount Terms City&State Zip E
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Signed By Telephone No.( )
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(REV 10/10/13—Product) Q
Packet pg. 135
County of San Bernardino Request for Proposal AGENCY15-P 5.F.b
Purchasing Department COPIERS/MULTIFUNCTION OFFICE MACHINES Page 3 of 25
I. INTRODUCTION
A. Solicitation Language Cr
ePro w
Proposals or bids must be received by the designated date and time. Proposal responses will be a
accepted at the location identified in the solicitation, by mail or in person to the address listed in Section 0
11, Paragraph B and will be time/date stamped when received and can be withdrawn at any time prior to 0
the scheduled deadline for submission of the proposal or bid. All proposers/bidders must register
with the ePro system prior to the date and time to receive the bid or proposal or they will be
disqualified. Late or incomplete proposals or bids will not be accepted. System-related issues in
ePro shall be directed to Vendor support at ePro.Vendors(cDbuyspeed.com or at (855) 800-5046. For
procurement questions involving ePro, please contact the Purchasing Department at(909) 387-2060. o
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B. PURPOSE
The Count of San Bernardino Count is seeking qualified Vendors to 0-
County (County) � g q provide Multifunction Copiers on a a
purchase or monthly rental basis, and to provide maintenance and service for same equipment throughout the =
County. This Request for Proposal (RFP) is being released to identify, pre-qualify and establish contracts with
vendors for the aforementioned products and services.
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C. PERIOD OF CONTRACT m
The contract awarded shall begin on June 1st, 2015 or as soon as thereafter practicable and extend through May
31, 2018. Q
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II. INSTRUCTIONS TO VENDORS o
A. GENERAL INFORMATION .0
Vendors shall conform to all instructions and conditions as specified in the Request for Proposal. Awards will be m
posted on the Purchasing Department website at www.sbcounty.gov/purchasing w
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B. PROPOSAL RETURN N
Return a signed original of the proposal in a sealed envelope and clearly state on the outside of the envelope in s
the lower left-hand corner"PROPOSAL ENCLOSED AGENCYI5-PUR-1356"and return to:
County of San Bernardino a
Purchasing Department
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777 E. Rialto Avenue; RFP AGENCYI5-PUR-1356
San Bernardino, CA 92415-0760 �-
Attn: Bill Brock, Deputy Purchasing Agent a
Due on or before: WEDNESDAY, MARCH 11T",2015 AT 4:00 PM PST
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C. DEADLINE
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Vendors shall submit Signature Page (Cover Sheet), References (Attachment A), Service Technician List by w
Equipment Model (Attachment B), Purchase Price Sheets (Attachment C) for each model of equipment bid, and w
Rental Pricing Sheets (Attachment D)for each model of equipment bid. To be considered responsive, proposals M
are to include all items identified. Facsimile or electronically transmitted proposals will not be accepted
since they do not contain original signatures. Postmarks will not be accepted in lieu of actual receipt. a
Late or incomplete proposals will not be accepted. R_
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D. PROPOSAL OPENING
All proposals will be opened at the time, date and place specified. There will be no public reading of this proposal. Q
Bid tabulations and recommended contract awards will be provided to any participating vendors, upon request as a.
soon as they are available.
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E. QUESTIONS
Questions pertaining to this RFP must be submitted via e-mail to the contact person referenced on the RFP cover o
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page on or before Thursday, February 5th, 2015 by 5:00 PM PST. Any questions received after that date and
time will receive no response. Copies of questions and answers will be provided to all vendors attending the m
Mandatory Pre-Bid Meeting. E
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County of San Bernardino Request for Proposal AGENCY15-P
Purchasing Department COPIERS/MULTIFUNCTION OFFICE MACHINES Page 4 of 25
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F. MADATORY PRE-BID MEETING
A mandatory pre-bid meeting will be held on Wednesday, February 11t", 2015 at 2:00 PM at the General w
Services Building located at 777 E. Rialto Ave., San Bernardino, CA 92415. Vendors MUST attend this pre-bid 2 CL
meeting if they are submitting a proposal for consideration. 0
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G. MINIMUM VENDOR REQUIREMENTS o
All Vendors must:
1. Have at least three references of governmental agencies or private companies of similar size and scope to ,5-
whom they have supplied like products/supplies within the last five years(see Attachment A).
2. Provide copies of current necessary licenses and/or permits.
3. Have specific expertise in providing sales, service and technical support for Copiers (Multifunctional Office
Machines).
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4. Have no outstanding or unresolved complaints/issues with San Bernardino County or other local agencies. 0
5. Sell a brand(s) of equipment from a manufacturer(s) which is either ISO-9001 certified or is a Malcolm n.
Baldridge Award recipient. Proof of such certification or award is to be submitted with proposal.
6. Sell a brand(s) of equipment from a manufacturer(s) which complies with ISO 14001 environmental standards. N
Proof of compliance is to be submitted with proposal.
7. Vendor must be registered in the County's e-Pro procurement system at the time proposals are due. Any
vendor(s)not so registered will be disqualified. c,
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H. PROPOSAL PREPARATION INSTRUCTIONS a
Bids must be typed OR written legibly in ink. Erasures and "white-out"are not permitted. Mistakes may o
be crossed out, corrections typed adjacent and initialed in ink by person signing the proposal. Proposals c
must be verified before submission as they cannot be withdrawn or corrected after being opened. The County will
not be responsible for errors or omissions on the part of bidders in making up their proposals. A responsible
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officer or employee must sign proposals. California State Sales Tax should NOT be included in Vendor's x
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proposal.
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I. PROPOSAL PREPARATION COST 0
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Cost for preparing bid response and any other related material is the responsibility of the vendor and shall not be a
chargeable in any manner to the County.
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J. USE OF PROPOSALS RECEIVED v
All proposals received shall become the property of the County.
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K. ACCEPTANCE OR REJECTION OF PROPOSALS
Proposals shall remain open, valid and subject to acceptance anytime within ninety (90) days after the proposal c2
opening date and time, unless a longer period of time is mutually agreed to by the parties. X
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The County reserves the right to reject any and all proposals or any portions of a proposal or alternates received 0
by reasons of this request or to waive any informality or immaterial irregularities in a proposal. M
The County also reserves the right to negotiate separately with vendors as may be necessary to serve its best a
interests. Ln
Incomplete proposals will not be accepted.
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L. ADMONITION TO VENDORS a'
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Once this RFP has been issued, Vendors are specifically directed not to contact County personnel for meetings, 0-
conferences or technical discussions related to this RFP. Failure to adhere to this policy may result in ot
disqualification of the Vendor. All questions regarding this RFP should be directed to the Deputy Purchasing
Agent indicated on the Cover Page.
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M. CONTINGENCIES v
This RFP does not commit the County to award a contract. The County reserves the right to accept or reject any a
or all proposals or portions of proposals, if the County determines it is in the best interest of the County to do so. E
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County of San Bernardino Request for Proposal AGENCY15-P 5.F.b
Purchasing Department COPIERS/MULTIFUNCTION OFFICE MACHINES Page 5 of 25
N. MODIFICATIONS EL
The County reserves the right to issue addenda or amendments to this RFP. Minor modifications may be made o
at the discretion of the Director of Purchasing. Any addenda or amendments will be posted on the Purchasing w
Department's e-Pro website and vendors will receive an e-mail notification. No other notice will be given. °—'
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O. NONEXCLUSIVE CONTRACT V
This is not an exclusive Request for Proposal. The County reserves the right to enter into a contract with other o
Vendors for the same or similar services. The County does not guarantee or represent that the Vendors will be c
permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, ,S
under the terms of this contract.
P. CONFIDENTIAL INFORMATION
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It is the responsibility of bidders to identify information in their proposals, which they consider to be confidential '0
under the California Public Records Act, such as method of manufacture, materials, etc. To the extent that the O
County agrees with such a designation, such information will be held in strict confidence. All other information n.
shall be considered public, including pricing.
Q. BEST VALUE EVALUATION PROCESS
Cost is an important factor in the evaluation process, but the County is not obligated to accept the lowest cost
proposal. At the County's discretion, considerations other than price may factor into a decision as to which d
products provide the best value to the County. Such considerations may include:
• Life cycle cost Q
• Probable life of the product o
• Length and scope of warranty c
• Maintenance or service availability
• Past performance
• Environmental considerations w
• Trade-in terms d
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• Risk reduction L
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• Any other relevant factor listed in the solicitation w
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R. LOCAL PREFERENCE
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The County of San Bernardino has adopted a preference for Vendors whose principle place of business is located co
within the boundaries of the County. A five percent (5%) preference may be applied prior to approval of any
purchase or acquisition of services, equipment, goods, or supplies. -
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For purposes of the application of the local preference policy(County Policy 11-12), "principal place of business"
is defined as the Vendor's main office (or headquarters) or a major regional office. A "major regional office" is
defined as a business location apart from the Vendor's main office(or headquarters)which: w
a. Has been issued a business license, if required, and has been established and open for a minimum of six I
months prior to the date that the approval authority authorizes the circulation of an RFP/RFB/Quote for any M
contract, agreement, or purchase order to which it responds;
b. Can demonstrate on-going business activity in the field of endeavor on which the Vendor is proposing,
from that office during the preceding six months; and a
c. Has a minimum of twenty-five percent (25%) of the Vendor's full time management employees and
twenty-five percent (25%) of its full time regular employees working from the County of San Bernardino
location(s).
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The County's Local Preference Policy means for example, if two Vendors are responding to this RFP and if a
quality, service and ability to meet the County's needs are equal, County staff must determine if one of the u-
Vendors is a local Vendor. If one of the Vendors is a local Vendor, and its quoted price or cost for services, y,
equipment, goods or supplies does not exceed five percent (5%) of the other Vendor's quoted price or cost, c
unless it is determined that an exemption applies, staff may recommend the local Vendor for the contract award. o
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My company meets the criteria for the five percent cost preference as a local Vendor for the County of San c
Bernardino, as described above: m
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YES NO ,ens,
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Packet Pg.138
County of San Bernardino Request for Proposal AGENCY15-P
5.F.b
Purchasing Department COPIERS/MULTIFUNCTION OFFICE MACHINES Page 6 of 25
S. PRICE GUARANTEE
The County gives preference to firm prices. All price escalation provisions will be considered alternate offers. w
Offers specifying a maximum escalation percentage during the period of contract will be given preference over Z
those offering an unspecified price escalation. The County requires bona fide proof of cost increases, including •Q
surcharges, fees, etc., on Contracts prior to any price escalation adjustment. A minimum of thirty (30) days v
advance notice is required to secure such adjustments. Vendor must obtain prior written approval from the =
Purchasing Agent before implementing any price increases. When offering escalating price contracts, quote
applicable labor and materials separately as to percentage of total cost. No retroactive pricing adjustments will be =
considered. The County may enforce, adjust, or cancel escalating price contracts as it sees fit. The net dollar ,t
amount of profit will remain firm during the period of the contract. Adjustments increasing the vendor's profit will
not be allowed. The County shall be given the benefit of all price decreases provided by vendor to similarly-sized g
customers.
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Vendor represents that the prices charged the County do not exceed existing selling prices to other agencies for p
the same or substantially similar items or services for comparable quantities under similar terms and conditions. a
The County retains the right to rebid the contract if, in the opinion of the County, prices become too high.
T. COMPLETION OF QUOTE
When no manufacturer is specified, vendor must indicate brand of manufacturer being bid. When brand or
manufacturer is specified, vendor may bid substitute items as equals, except those items marked "NO
SUBSTITUTE". Vendor must be able to justify any substitute item by submitting samples when called for. The
County reserves the exclusive right to accept or reject any item. If there is a discrepancy between brand or a
manufacturer number and item description, the description will be controlling. Changes in packaging will not be c
authorized unless so indicated when proposal is submitted. Bidder shall complete quote by filling in on each item o
quoted: brand name, product number and manufacturer. If bidding "As Specified", indicate so, with an "A/S".
Indicate if there is a minimum quantity required with order. If unable to quote on an item, specify"No Bid". m
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U. PURCHASE ORDER ADDRESS 0
If purchase orders are to be sent to an address other than that filled in by the vendor on the first page of this
proposal, the vendor shall show on the following blank lines the address to which resultant orders from this °�
proposal should be sent: Q
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111. SCOPE OF CONTRACT/REQUIREMENTS Q
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A. Purpose: To provide Copiers/Multifunction Office Equipment to County departments on a monthly rental and w
purchase basis and to provide maintenance for purchased equipment. All such equipment provided to the County 1�
must be New. "New" is defined in the sense any ordinary, reasonable person would understand the term. Used, Ln
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re-conditioned or"newly remanufactured" equipment is unacceptable to the County's needs. The County currently
spends approximately 3.5 million dollars ($3,500,000) annually on copiers, copier supplies and maintenance of
copiers. a
B. Orders: Orders against a resultant contract may be made periodically by the issuance of separate purchase
orders. In the case of monthly maintenance agreements and monthly rentals, Master Blanket purchase orders will 2J
be issued per department or per piece of equipment and individual releases will be made as needed against the a
Master Blanket PO. Vendors responding to this RFP agree to accept the County's standard Purchase Order. a
Purchase Orders are issued electronically through the County's e-Pro procurement system and vendors are u-
responsible from retrieving the Purchase Order(s)from e-Pro. y,
There is no specified number of units which will be ordered by the County during the term of the contract, nor is o
there any guarantee that an awarded vendor will receive any orders from County departments. Any resultant v
contract is merely a contract allowing the awarded vendor(s) the opportunity to supply the County with the types a
of equipment requested in this RFP. Only vendors with a contract are allowed to supply copiers/multifunctional E
office machines to County departments.
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County departments will be allowed to order consumable supplies such as toners, staples, developers, etc., Q'
directly from the contract vendor(s). Vendors responding to this RFP should have Internet ordering for supplies or tr
other EDI capabilities and are to provide such information as part of their response. w
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C. Copiers: The majority of copiers in use in the County are multifunctional devices with at least the following basic v
features: Automatic Document Feeder, Auto Duplex, Finisher, Stapler, Print and Scan. The County considers this r
to be a basic model and vendors are to account for these basic features in their pricing. In addition, vendors C
should provide pricing for any options which they feel would be of interest, such as larger paper decks, hole
punch, fax, integrated share scan, etc.
D. Delivery and Set-Up: Vendor must make delivery of all copiers within thirty (30)days of receipt of order. Vendor �
will deliver and set-up copier on site at the location specified by the County. Vendor will also provide at time of o
delivery a start-up kit of supplies, so that the copier may be set up for immediate use. Delivery in excess of thirty N
days does not meet the County's requirements and will not be considered. The county will not pay any fuel p
surcharges or delivery fees. o-
Seller must make delivery of any supplies, including but not limited to, toners, staples, developers, etc. within y
twenty-four(24) hours of receipt of an order placed by a user department. _
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E. Training: The Vendor will provide all training as required on use of the equipment at no extra charge to the
County. L
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F. Supplies: All monthly copier rentals and all maintenance agreements for purchased copiers are to include c
all consumable operating supplies, including but not limited to Toners, Staples, Developers and Drums. o
This provision excludes paper.
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G. Subcontractors: There shall be no subcontracting nor joint venture of any services, marketing, or other activities w
by the Vendor unless specifically approved in advance in writing by the County Purchasing Department. The N
Vendor shall act as the single principal for all products and services in this contract.This requires a single point of
contact representing the Vendor. 0
H. Vendor Representation: Vendor will provide a designated sales representative to the County. Vendor will Q
provide the name(s) and all contact information, including e-mail address, of all Vendor personnel who will be
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assigned to the County's account.
I. Terms Definitions: Q
Rental: Rental on a month to month basis, which can be terminated at any time with or without Due Cause. Due
Cause for termination shall include, but not be limited to, failure to deliver in quantities required within required -fl
lead times, failure of product(s)to meet specifications and/or for reasons of unsatisfactory service. w
Rentals are for thirty-six (36) month terms, which commence upon delivery and set-up of the equipment. 10
Departments are billed a base monthly amount which includes a specified number of black and white copies r
allowed each month. Departments are provided a per copy charge for any black and white copies exceeding
the number of monthly allowable copies. Color copies are typically billed per copy and billed in arrears. D
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Early termination penalties may only be assessed when a rental is cancelled without Due Cause. The County a
will only agree to the following early termination penalties; if termination occurs within:
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0-12 Months—no greater than three (3)times the base rental payment a
13-24 Months—no greater than two(2) times the base rental payment 0-
25-36 Months—no greater than one (1)times the base rental payment
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All rental agreements that extend over any fiscal year must contain a provision that the agreement can be
cancelled at any time if funds have not been appropriated for the new fiscal year. Such termination shall not �j
be subject to early termination penalties.
County departments will be allowed to upgrade any equipment on an existing rental agreement mid-term with E
the same vendor without being assessed any penalties.
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The Vendor assumes all responsibility for any property taxes on equipment provided to the County under the
Rental Program. The County does not own the equipment, but is merely renting it for a fixed time period. w
NO third party rentals will be considered.
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NOTE: Due to the popularity of the County's Rental Program for copiers, preference will be shown to those U
vendors offering such a program in compliance with the County's stated requirements. Very few County
departments actually purchase copiers.
J. Copier Maintenance: Applies to both rented and purchased equipment.
1. Service Calls: Tools, equipment and skill used in the accomplishment of needed service will comply with the M
equipment manufacturer's specifications. The service technician shall have the training and experience level to 0
perform prompt, efficient and accurate service on each type and model of equipment for which the vendor is w
responsible. Service calls are unlimited and will be performed during normal business hours, p
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All service personnel must provide proper photo identification in order to be allowed access to c
County facilities. R
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2. Parts: All replacement parts will meet the original equipment manufacturer's specifications. No used parts will E
be installed. OEM parts only are allowed. d
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a. Response Time: Under normal circumstances, response time for service requests will not be longer than `t
eight (8) business hours. The county expects service calls to be performed within two (2)to four(4) hours o
on the average. (For example: If a service call is placed in the A.M., the County will expect a service o
technician to arrive at the requesting location in the P.M. of that same day and the equipment to be r
operational within 2 to 4 hours from the time the service call was placed.)Any delay for service in excess m
of eight (8) business hours shall be coordinated at the time of service request and Vendor will provide a w
written report to Purchasing as to why the delay occurred. a,
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Some County departments, due to the nature of their operations, require service personnel to be available 0
twenty-four (24) hours a day, seven (7) days per week. Therefore, vendors are to provide a contact person
and phone number for emergencies during times other than normal business hours. Q
b. Loaner/Replacement Machines: If contract equipment is unable to be repaired within sixteen (16)
business hours (two business days), a loaner machine will be provided to the user department within
eight(8)additional business hours at no additional charge to the County. Q
c. Maintenance Records: The Vendor shall provide and maintain a "Maintenance History Record" for each z2
machine. This record shall contain the following information: Model Number, Serial Number, Date placed x
into service, Date and Description of each service call, Date of inspections and initials of the Vendor's w
Service Technician. An inspection and service acknowledgement will be furnished to the County for each ;O
visit, to be left with the using department. r
d. Billing of Maintenance: The County will pay maintenance on a monthly, quarterly or annual basis, per a
user department preference. The County will only pay per copy charges in arrears. ,n
e. Additions/Deletions to Maintenance: The County reserves the right to add/delete equipment to/from the
contract as necessary. The Vendor will provide additions/deletions to maintenance on a monthly basis.
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f. Warranty: The Vendor shall provide warranty information for each model of equipment purchased by the
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County. All warranties shall include replacement of all parts, including Drums, under the Maintenance
Agreement and shall include the replacement of equipment if necessary.
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g. Exclusions: Repairs for damage or loss caused by any other than normal and reasonable use shall not U
be covered by this contract. Written estimates for work required for the aforementioned reasons will be .-
submitted in advance by the Vendor to the user department prior to the work being performed. 4)
Authorization for said repairs shall be a separate Purchase Order issued by the County. E
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Purchasing Department COPIERS/MULTIFUNCTION OFFICE MACHINES Page 9 of 25
K. Security of Multifunction Copiers: In recent years office copiers have become more sophisticated and are now
more often Multifunction Devices. They contain hard drives and store information like a personal computer. This a
storage capability allows these devices to store information which may be confidential and not intended for w U.
general dissemination. For this reason the Vendor(s)will be required, if necessary, to provide the following: D
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1. Enable Overwrite at Job Completion option to ensure that only the most recent document v
is stored on the hard drive. o
2, If Overwrite at Job Completion option is not supported by the Vendor's equipment, then 0
the Vendor shall review all stored documents with the County user department on a ,:3
regular basis and clean the hard drive as directed by the user.
3. Or ensure that the option to store on the hard drive is disabled by default. 0
4. For rental copiers, Vendor will remove all documents and/or data stored on the hard o
drive, if necessary, prior to removal of any multifunction copier from the County's N
premises. This will be provided to the County at no additional charge as a cost of doing p
business. o.
5. For purchased copiers which are owned by the County, Vendor shall provide at no
charge any software or other means necessary to clean the hard drives on their brand of
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equipment as well as any training necessary in the use of such program. _
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IV. CONTRACT REQUIREMENTS d
Contracts resulting from this RFP may include the terms contained below. If the Proposer has any objections to
these terms, these objections must be addressed in the proposal/bid or the objections will be deemed waived. Q
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A. GENERAL _
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1. DELIVERY SERVICE
a. Delivery shall be made to point as specified to each County address and department as ordered.
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b. Delivery shall be inside delivery to the specified inside point as directed by the receiving department. w
c. Vendor shall coordinate with each location to establish a regular delivery schedule. N
d. Delivery shall be made complete as ordered within the time quoted by vendor from receipt of order.
e. One Delivery-One Invoice. 0
f. Delivery will be made to the location listed on any resultant purchase order(s) during the stated delivery a
hours.
g. Prompt delivery and efficient service are essential; failure to furnish such delivery and service will
constitute a breach of this contract.
h. All freight charges must be itemized separately on all responses to this RFP. If shipping cost is included
in the product unit cost, deduct the amount added for shipping and show it as a separate line item. Q
Freight terms to be FOB destination.
2. VENDOR'S GUARANTEE X
a. In quoting, the Vendor guarantees to make delivery of all items quoted, either from its stock, from w
warehouse stock, or via manufacturer's shipment. If unavailable from Vendor's stock or if Vendor is ;n
unable to secure from warehouse or manufacturer, it shall be the Vendor's responsibility to see that the r
item is obtained from any other source having the item in stock.
b. In case of default by Vendor, the County may procure the item from other sources and will charge the
vendor for excess costs so paid and the prices paid by the County shall be considered to be the 1n
prevailing market price at the time such purchase is made.
c. Vendor's response to this RFP is to be on the basis that all items bid are guaranteed equal in quality and
pattern to those specified and that any item purchased as equivalent and found not acceptable to using
department may be returned for full credit. q
d. The Vendor guarantees that the goods supplied under this RFP and any purchase order resulting from
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award of same will meet all the express warranties and the implied warranties of merchantability and o:
fitness for the intended purpose(s).
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3. IRAN CONTRACTING ACT OF 2010 0
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(Applicable for all RFP/Bids of one million dollars ($1,000,000) or more). In accordance with Public .•_:
Contract Code section 2204(a), the Proposer certifies that at the time the proposal is submitted, the Proposer m
signing the proposal is not identified on a list created pursuant to subdivision (b) of Public Contract Code E
section 2203 (http://www.dgs.ca.gov/pd/Resources/PDLegislation.aspx as a person (as defined in Public
Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a)of Public L
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Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section
2202.5, as applicable. W
Proposers are cautioned that making a false certification may subject the Proposer to civil 0
p g y J p penalties, 2
termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in 0
accordance with Public Contract Code section 2205. Proposer agrees that signing the Proposal shall =
constitute signature of this Certification.
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4. STOCK ADJUSTMENTS/RETURNS
In quoting, the Seller agrees to give full credit on returned merchandise resulting from this proposal, with
exception of custom orders. Vendor agrees to waive any re-stocking fees. g
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5. RETURNED MERCHANDISE
In quoting, the Vendor agrees to give full credit on returned merchandise resulting from this proposal, with O
exception of custom orders. a
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6. CONFIDENTIALITY 0
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During the term of the Contract, if Vendor will have access to and become acquainted with confidential c
information, Vendor and each of their officers, employees, and agents, will maintain all confidential E
information, except as authorized in writing by County, or except as specifically provided herein, or except to
the extent that: it was generally known when received; it is or hereafter becomes lawfully obtainable from rn
other sources; it is necessary to disclose it to regulatory authorities having jurisdiction over either party or their
subsidiaries or affiliated companies, or as may otherwise be required by law; or to that extent such duty as to 0
confidentiality is waived. Vendor will take all steps necessary to safeguard the confidential information o
against unauthorized disclosure or use, and to satisfy their obligations under this contract. Failure of Vendor
to exercise and safeguard confidential information may result in criminal prosecution. If deemed necessary,
any background checks will be at Vendor's expense. County will invoice the Vendor for costs paid by the W
County for reimbursement. N
7. TERMINATION FOR CONVENIENCE 0
The County for its convenience may terminate this contract in whole or in part upon thirty (30) calendar day's Q
written notice. If such termination is effected, an equitable adjustment in the price provided for in this contract
shall be made. Such adjustment shall provide for payment to the Vendor for services rendered and expenses
reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Vendor shall
promptly discontinue services unless the notice directs otherwise. Vendor shall deliver promptly to County
and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, Q
forms, data, products, graphics, computer programs and reports.
8. PARTICIPATION x
The County desires that Public Agencies, Municipalities, School Districts, and other Tax Exempt Districts w
within the:
(select all that apply) ce)
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• County of San Bernardino a
• State of California
• None
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requiring Copiers/Multifunctional Office Machines may at their option and through the County Purchasing
Agent, avail themselves of the agreement resulting from this proposal. Upon notice, in writing, the Vendor Q
agrees to the extension of the terms of a resultant agreement with such Governmental bodies as though they U.
have been expressly identified in this agreement, with the provision that:
a. Such Governmental body does not have and will not have in force any other contract for like purchases.
b. Such Governmental body does not have under consideration for award any other bids or quotations for c
like purchases. 0
c. Such Governmental body shall make purchases and payment directly through the Vendor. The County
will not be liable for any such purchase made between the Vendor and another Governmental body who
avail them of this agreement. s
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The Contractor shall be required to maintain a list of all Public Agencies, Municipalities, School Districts, and a
other Tax Exempt Districts using this Contract. The list shall report dollar volumes spent annually and shall C:73
be provided to the County on January 1 sc of each year during the term of the contract. w
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9. VOLUME PURCHASE DISCOUNTS v
The County may, from time to time, have the need for a large individual spot purchase, warranting special =
pricing. Separate quotes with Vendors shall be permitted in these cases. 2
10, INDEMNIFICATION AND INSURANCE REQUIREMENTS 12
Indemnification —The Contractor agrees to indemnify, defend (with counsel reasonably approved by County)
and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all s:
claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, o
including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on y
account of any claim except where such indemnification is prohibited by law. This indemnification provision p
shall apply regardless of the existence or degree of fault of indemnitees. The Contractor's indemnification °-
obligation applies to the County's "active" as well as "passive" negligence but does not apply to the County's c
"sole negligence"or"willful misconduct"within the meaning of Civil Code Section 2782. N
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Additional Insured — All policies, except for the Workers' Compensation, Errors and Omissions and E
Professional Liability policies, shall contain endorsements naming the County and its officers, employees,
agents and volunteers as additional insureds with respect to liabilities arising out of the performance of
services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County Q
to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such o
additional insured coverage shall be at least as broad as Additional Insured (Form B)endorsement form ISO, c
CG 2010.11 $5.
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Waiver of Subrogation Rights — The Contractor shall require the carriers of required coverages to waive all w
rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and N
subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Contractor and L
Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The s°,
Contractor hereby waives all rights of subrogation against the County. a
Policies Primary and Non-Contributory — All policies required herein are to be primary and non-contributory
with any insurance or self-insurance programs carried or administered by the County.
Severability of Interests — The Contractor agrees to ensure that coverage provided to meet these Q
requirements is applicable separately to each insured and there will be no cross liability exclusions that
preclude coverage for suits between the Contractor and the County or between the County and any other
insured or additional insured under the policy. w
Proof of Coverage — The Contractor shall furnish Certificates of Insurance to the County Department
administering the contract evidencing the insurance coverage, including endorsements, as required, prior to
the commencement of performance of services hereunder, which certificates shall provide that such
insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and o=.
Contractor shall maintain such insurance from the time Contractor commences performance of services ,r,
hereunder until the completion of such services. Within fifteen (15) days of the commencement of this
contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide
complete certified copies of the policies and endorsements immediately upon request.
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Acceptability of Insurance Carrier — Unless otherwise approved by Risk Management, insurance shall be 0-
written by insurers authorized to do business in the State of California and with a minimum "Best" Insurance Of
Guide rating of"A-VII".
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Deductibles and Self-Insured Retention - Any and all deductibles or self-insured retentions in excess of v
$10,000 shall be declared to and approved by Risk Management. w
Failure to Procure Coverage— In the event that any policy of insurance required under this contract does not �
comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but
not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums Q
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paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will
be reduced to pay for County purchased insurance. Cr
Insurance Review — Insurance requirements are subject to periodic review by the County. The Director of -2
Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance U
requirements whenever Risk Management determines that any of the required insurance is not available, is =
unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of 2
Risk Management determines that heretofore unreasonably priced or unavailable types of insurance
coverage or coverage limits become reasonably priced or available, the Director of Risk Management or
designee is authorized, but not required, to change the above insurance requirements to require additional
types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of
past claims against the County, inflation, or any other item reasonably related to the County's risk. o
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Any change requiring additional types of insurance coverage or higher coverage limits must be made by p
amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of a
receipt.
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Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the c
insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the
County.
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The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the Q
Contractor uses existing coverage to comply with these requirements and that coverage does not meet the o
specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do C
so. The type(s)of insurance required is determined by the scope of the contract services.
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Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure w
and maintain throughout the contract term the following types of insurance with limits as shown: m
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Workers' Compensation/Employers Liability ° A program of Workers' Compensation insurance or a state- s
approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Q
Code of the State of California, including Employer's Liability with $250,000 limits covering all persons
including volunteers providing services on behalf of the Contractor and all risks to such persons under this
contract. a
If Contractor has no employees, it may certify or warrant to the County that it does not currently have any Q
employees or individuals who are defined as "employees" under the Labor Code and the requirement for
Workers' Compensation coverage will be waived by the County's Director of Risk Management. Q
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With respect to Contractors that are non-profit corporations organized under California or Federal law,
volunteers for such entities are required to be covered by Workers' Compensation insurance.
Commercial/General Liability Insurance — The Contractor shall carry General Liability Insurance covering all
operations performed by or on behalf of the Contractor providing coverage for bodily injury and property
damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The a=.
policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage(including completed operations).
d. Explosion, collapse and underground hazards. Q
e. Personal injury LL
f. Contractual liability.
g. $2,000,000 general aggregate limit.
Automobile Liability Insurance— Primary insurance coverage shall be written on ISO Business Auto coverage U
form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a
combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, W
per occurrence.
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If the Contractor is transporting one or more non-employee passengers in performance of contract services,
the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily w
injury and property damage per occurrence. L
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If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described v
above is acceptable. r_
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Umbrella Liability Insurance—An umbrella (over primary) or excess policy may be used to comply with limits
or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property
damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary
coverage for any liability not covered by the primary policy. Coverage shall also apply to automobile liability.
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11. RIGHT TO MONITOR AND AUDIT N
The County shall have absolute right to review and audit all records, books, papers, documents, corporate p
minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of a
Vendor in the delivery of services provided under this contract. Vendor shall give full cooperation, in any c
auditing or monitoring conducted. Vendor shall cooperate with the County in the implementation, monitoring N
and evaluation of this contract and comply with any and all reporting requirements established by the County.
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In the event the County determines that Vendor's performance of its duties or other terms of this contract are d
deficient in any manner, County will notify Vendor of such deficiency in writing or orally, provided written a,
confirmation is given five (5)days thereafter. Vendor shall remedy any deficiency within forty-eight(48) hours Q
of such notification, or County at its option, may terminate this contract immediately upon written notice, or o
remedy deficiency and off set the cost thereof from any amounts due the Vendor under this contract or o
otherwise. y
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Availability of Records w
All records pertaining to services delivered and all fiscal, statistical and management books and records shall N
be available for examination and audit by County representatives for a period of three years after final 'o
payment under the contract or until all pending County, State and Federal audits are completed, whichever is w
later. 3
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12. DISCLOSURE OF CRIMINAL AND CIVIL PROCEEDINGS
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The County reserves the right to request the information described herein from the Vendor selected for
contract award. Failure to provide the information may result in a disqualification from the selection process `r
and no award of contract to the Vendor. The County also reserves the right to obtain the requested Q
information by way of a background check performed by an investigative firm. The selected Vendor also may
be requested to provide information to clarify initial responses. Negative information provided or discovered
may result in disqualification from the selection process and no award of contract. w
The selected Vendor may be asked to disclose whether the firm, or any of its partners, principals, members, 1�
associates or key employees (as that term is defined herein), within the last ten years, has been indicted on r
or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly
or indirectly from the conduct of the firm's business, or whether the firm, or any of it partners, principals, a
members, associates or key employees, has within the last ten years, been indicted on or had charges Lj;
brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct %
or fraud. If the response is affirmative, the Vendor will be asked to describe any such indictments or charges
(and the status thereof), convictions and the surrounding circumstances in detail.
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In addition, the selected Vendor may also be asked to disclose whether the firm, or any of its partners, LL
principals, members, associates or key employees, within the last ten years, has been the subject of legal 0:
proceedings as defined herein arising directly from the provision of services by the firm or those individuals. c
"Legal proceedings" means any civil actions filed in a court of competent jurisdiction, or any matters filed by o
an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is U
affirmative, the Vendor will be asked to describe any such legal proceedings (and the status and disposition
thereof)and the surrounding circumstances in detail. CD
For purposes of this provision "key employees" includes any individuals providing direct service to the County.
"Key employees" do not include clerical personnel providing service at the firm's offices or locations. Q
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13. REPRESENTATION OF THE COUNTY
In the performance of the contract, Vendor, its agents and employees, shall act in an independent capacity w
and not as officers, employees, or agents of the County of San Bernardino.
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14. VENDOR PRIMARY CONTACT 0
The Vendor will designate an individual to serve as the primary v
g p y point of contact far the contract. Vendor or r_
designee must respond to County inquiries within two (2) business days. Vendor shall not change the primary
contact without written acknowledgement to the County.
15. CHANGE OF ADDRESS
Vendor shall notify the County in writing, and update their Vendor profile at www.sbcounty.gov/purchasing, of E
any change in mailing address within ten (10)business days of the change. o
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16. SUBCONTRACTING p
Vendor agrees not to enter into any subcontracting contracts for work contemplated under the contract a
without first obtaining written approval from the County. Any subcontracting shall be subject to the same R
terms and conditions as Vendor. Vendor shall be fully responsible for the performance and payments of any y
subcontractor's contract. c
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17. LEGALITY AND SEVERABILITY 4)
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The parties' actions under the Contract shall comply with all applicable laws, rules, regulations, court orders a�
and governmental agency orders. If a provision of the Contract is terminated or held to be invalid, illegal or Q
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect. 0
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18. CONTRACT ASSIGNABILITY
Without the prior written consent of the County, the contract is not assignable by Vendor either in whole or in
part. w
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19. CONTRACT AMENDMENTS
Vendor agrees any alterations, variations, modifications, or waivers of the provisions of the contract, shall be �0,
valid only when reduced to writing, executed and attached to the original contract and approved by the Q
required persons.
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20. ATTORNEY FEES AND COSTS
If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and
attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and Q
attorney fees directly arising from a third-party legal action against a party hereto and payable under Section ►�
C Terms and Conditions, Indemnification and Insurance Requirements.
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21. CHOICE OF LAW w
This Contract shall be governed by and construed according to the laws of the State of California.
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22. VENUE ck
The venue of any action or claim brought by any party to the Agreement will be the Superior Court of n=
California, County of San Bernardino, San Bernardino District or the Federal District Court, Riverside County. L�)
Each party hereby waives any law or rule of the court, which would allow them to request or demand a
change of venue. If any action or claim concerning this contract is brought by any third-party and filed in c
another venue, the parties hereto agree to use their best efforts to obtain a change of venue to San
Bernardino County. Q
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23. LICENSES AND PERMITS W
Vendor shall ensure that it has all necessary licenses and permits required by the laws of Federal, State,
County, and municipal laws, ordinances, rules and regulations. The Vendor shall maintain these licenses and S
permits in effect for the duration of this contract. Vendor will notify County immediately of loss or suspension ci
of any such licenses and permits. Failure to maintain a required license or permit may result in immediate
termination of this contract. w
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24. NOTICE OF DELAYS EL
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is to
delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four(24)
hours, give notice thereof, including all relevant information with respect thereto, to the other party. 2
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25. NOTIFICATION REGARDING PERFORMANCE v
In the event of a problem or potential problem that could impact the quality or quantity of work, services, or 0
the level of performance under this contract, the Vendor shall notify the County within one (1)working day, in
writing and by telephone.
26. CONFLICT OF INTEREST 2
Vendor shall make all reasonable efforts to ensure that no county officer or employee, whose position in the o
county enables him/her to influence any award of this contract or any competing offer, shall have any direct or N
indirect financial interest resulting from the award of this contract or shall have any relationship to the Vendor p
or officer or employee of the Vendor. n.
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27. LABOR LAWS
Vendor shall strictly adhere to the applicable provisions of the Labor Code regarding the employment of
apprentices; minimum wages; travel and subsistence pay; retention and inspection of payroll records;workers
compensation; payment of wages. If applicable, the Vendor shall forfeit to the County the penalties
prescribed in the Labor Code for violations.
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28, ELECTRONIC FUND TRANSFER PROGRAM o
Vendor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the o
Vendor's designated checking or other bank account. Vendor shall promptly comply with directions and
accurately complete forms provided by County required to process EFT payments.
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29. PROCUREMENT CARD PROGRAM m
The County participates in the State of California Procurement Card Program known as CAL-Card (VISA
credit card). Whenever possible, the County prefers to place orders and make payments utilizing procurement °�
cards. Please indicate if your company accepts VISA. YES NO Q
If your company does not accept procurement cards and you are interested in accepting VISA, contact your
local bank or financial institution for assistance. v
30. OWNERSHIP OF DOCUMENTS Q
All documents, data, products, graphics, computer programs and reports prepared by Vendor pursuant to
contract shall be considered property of the County upon payment for services. All such items shall be :E
delivered to County at the completion of work under this contract, subject to the requirements of Termination x
for Convenience. w
31. COPYRIGHT M
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate,
and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, a
forms, designs, plans, procedures, systems, and any other materials or properties developed under this ,n
contract including those covered by copyright, and reserves the right to authorize others to use or reproduce
such material. All such materials developed under the terms of this contract shall acknowledge the County of
San Bernardino as the funding agency and Vendor as the creator of the publication. No such materials or
properties produced in whole or in part under this contract shall be subject to private use, copyright or patent a
right by Vendor in the United States or in any other country without the express written consent of County. 0-
Copies of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals, W
assembled pursuant to this contract must be filed with the County prior to publication.
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32. RELEASE OF INFORMATION 0
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No news releases, advertisements, public announcements or photographs arising out of this contract or
Vendor's relationship with County may be made or used without prior written approval of the County. W
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33. ENVIRONMENTAL REQUIREMENTS
In accordance with County Policy 11-10, the County prefers to acquire and use products with higher levels of w
post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily
and be available at a reasonable price. The County requires Vendors to use recycled paper for proposals
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and for any printed or photocopied material created as a result of a contract with the County. The policy also v
requires Vendors to use both sides of paper sheets for reports submitted to the County whenever practicable. r
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Although the County has not committed to allowing a cost preference, if two products are equivalent and the
cost is feasible the environmentally preferable product would be selected. The intent is to utilize Vendors that
reduce environmental impacts in their production and distribution systems whenever fiscally practicable.
To assist the County in meeting the reporting requirements of the California Integrated Waste Management o
Act of 1989 (AB939), Vendor must be able to annually report the County's environmentally preferable m
purchases using Exhibit I. Service providers are also asked to report on environmentally preferable goods p
and materials used in the provision of their service to the County. n-
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34. ARTWORK, PROOFS AND/OR NEGATIVES
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All artwork, proofs and/or negatives in either print or digital format for this product are the property of the c
County of San Bernardino. These items must be returned to the County of San Bernardino within ten (10) 'u
days, upon written notification to the Vendor. In the event of a failure to return the documents, the county is W
entitled to pursue any available legal remedies. In addition, the Vendor will be barred from all future
solicitations, for a period of at least six(6) months. Q
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35. EMPLOYMENT OF FORMER COUNTY OFFICIALS o
Vendor agrees to provide or has already provided information on former County of San Bernardino
administrative officials (as defined below) who are employed by or represent Vendor. The information
provided must include a list of former county administrative officials who terminated county employment within w
the last five years and who are now officers, principals, partners, associates or members of the business. N
The information also includes the employment with or representation of Vendor. For purposes of this .L
provision, "county administrative official" is defined as a member of the Board of Supervisors or such officer's
staff, Chief Executive Officer or member of such officer's staff, county department or group head, assistant Q
department or group head, or any employee in the Exempt Group, Management Unit or Safety Management
Unit. b
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36. DRUG-FREE WORKPLACE "'
The Vendor certifies that he will comply with the requirements of the Drug-Free Workplace Act of 1990 and Q
will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession s?
or use of a controlled substance is prohibited and specifying actions to be taken against employees for w
violations, as required by Government Code Section 8355(a); ,
b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform
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employees about all of the following: M
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i. The dangers of drug abuse in the workplace.
ii. The person's or organization's policy of maintaining a drug-free workplace. D
iii. Any available counseling, rehabilitation and employee assistance programs. a,r,
iv. Penalties that may be imposed upon any employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355(c), that every employee who works on the =
proposed or resulting contract:
i. Will receive a copy of the company's drug-free policy statement; and, d
ii. Will agree to abide by the terms of the company's statement as a condition of employment. a
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37. DAMAGE TO COUNTY PROPERTY, FACILITIES, BUILDINGS OR GROUNDS
The Vendor shall repair, or cause to be repaired, at its own cost, all damage to County vehicles, facilities,
buildings or grounds caused by the willful or negligent acts of Vendor or employees or agents of the Vendor. v
Such repairs shall be made immediately after Vendor becomes aware of such damage, but in no event later
than thirty(30)days after the occurrence.
If the Vendor fails to make timely repairs, the County may make any necessary repairs. The Vendor, as
determined by the County, for such repairs shall repay all costs incurred by the County, by cash payment Q
upon demand or County may deduct such costs from any amounts due to the Vendor from the County.
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38. AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING (ARRA) w
Use of ARRA Funds and Requirements L
This Contract may be funded in whole or in part with funds provided by the American Recovery and 2
Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits v
the use of recovery funds for a project for the construction, alteration, maintenance or repair of a public =
building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured o
goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is
available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in
the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron,
steel or manufactured goods produced in the United States will increase the cost of the overall project by M
more than 25 percent; or (iii)Applying the domestic preference would be inconsistent with the public interest. L
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This is referred to as the "Buy American" requirement. Request for a waiver must be made to the County for N
an appropriate determination. p
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Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on c
projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to
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ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the =
locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31). This
is referred to as the"wage rate" requirement.
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The above described provisions constitute notice under ARRA of the Buy American and wage rate a
requirements. Contractor must contact the County contact if it has any questions regarding the applicability or o
implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to 0
provide detailed information regarding compliance with the Buy American requirements, expenditure of funds
and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA.
The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate '<
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.,r in providing information or documents as requested by the County pursuant to this provision. Failure to do so a
will be deemed a default and may result in the withholding of payments and termination of this Contract.
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Contractor may also be required to register in the Central Contractor Registration (CCR) database at Q
http://www.uscontractorregistration.com and may be required to have its subcontractors also register in the
same database. Contractor must contact the County with any questions regarding registration requirements.
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Schedule of Expenditure of Federal Awards
In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and Q
reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the
expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards r2
(SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular w
A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA ,
and SF-SAG shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA)
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number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal r
award number consistent with the recipient reports required by ARRA Section 1512 (c). CL
In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub- a
contract and at the time of disbursement of funds, the Federal award number, any special CFDA number
assigned for ARRA purposes, and amount of ARRA funds.
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Contractor may be required to provide detailed information regarding expenditures so that the County may
fulfill any reporting requirements under ARRA described in this section. The information may be required as a
frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents a-
as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may W
result in the withholding of payments and termination of this Contract.
Whistleblower Protection °
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Contractor agrees that both it and its subcontractors shall comply with Section 1553 of the ARRA, which
prohibits all non-Federal contractors, including the State, and all contractors of the State, from discharging,
demoting or otherwise discriminating against an employee for disclosures by the employee that the employee E
reasonably believes are evidence of: (1) gross mismanagement of a contract relating to ARRA funds; (2) a
gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the a
implementation or use of ARRA funds; (4) an abuse of authority related to the implementation or use of
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recovery funds; or (5) a violation of law, rule, or regulation related to an agency contract (including the
10 competition for or negotiation of a contract) awarded or issued relating to ARRA funds. a
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Contractor agrees that it and its subcontractors shall post notice of the rights and remedies available to Q
employees under Section 1553 of Division A, Title XV of the ARRA. O
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39. FISCAL PROVISIONS 0
a. The maximum amount of reimbursement/payment under this Contract shall be subject to availability of
other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full
payment for all Contractor's services and expenses incurred in the performance hereof, including travel
and per diem. g
b. Contractor shall provide County itemized monthly invoices, in arrears, for services performed under this y a
Agreement within twenty(20) days of the end of the previous month. The County shall make payment O
to Consultant within sixty(60)working days after receipt of invoice or the resolution of any billing dispute. a.
Invoices must reflect both purchase order number and applicable proposal number to initiate payment. c
Invoices are to be sent to the ordering department. N
c. Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited E
into the Contractor's designated checking or other bank account. Contractor shall promptly comply with
directions and accurately complete forms provided by County required to process EFT payments.
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d. County is exempt from Federal excise taxes and no payment shall be made for any personal property O
taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any o
State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the
County pursuant to the Contract.
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e. Costs for services under the terms of this Contract shall be incurred during the contract period except as N
1 approved by County. Contractor shall not use current year funds to pay prior or future year obligations. o
f. Funds made available under this Contract shall not supplant any federal, state or any governmental funds
intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or Q
payment from County for, or apply sums received from County with respect to that portion of its
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obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds `*
received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for —
purposes of obtaining funds from another revenue source without prior written approval of the County. Q
V. IMPROPER CONSIDERATION
Vendor shall not offer(either directly or through an intermediary)any improper consideration such as, but not w
limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer,
employee or agent of the County in an attempt to secure favorable treatment regarding the award of this proposal.
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The County, by written notice, may immediately terminate any contract resulting from this proposal process if it
determines that any improper consideration as described in the preceding paragraph was offered to any officer,
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employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to U;
any amendment, extension or evaluation process once a contract has been awarded.
Vendor shall immediately report any attempt by a County officer, employee or agent to solicit(either directly or
through an intermediary) improper consideration from Vendor. The report shall be made to the supervisor or Q
manager charged with supervision of the employee or to the County Administrative Office. In the event of a °-
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termination under this provision, the County is entitled to pursue any available legal remedies.
VI. INACCURACIES OR MISREPRESENTATIONS
If, in the course of the RFP process or in the administration of a resulting contract, the County determines that tj
Vendor has made a material misstatement or misrepresentation, or that materially inaccurate information has
been provided to the County, Vendor may be terminated from the RFP process, or in the event a contract has E
been awarded, the contract may be immediately terminated. In the event of a termination under this provision, the _
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County is entitled to pursue any available legal remedies Q
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VII. PROPOSAL SUBMISSION
1. General a
a. All interested and qualified vendors are invited to submit a proposal for consideration. Submission of a w
proposal indicates that the vendor has read and understands this entire RFP, including the scope and 2
requirements of the contract, contract terms and conditions, and any attachments, appendices or 0
addendum (as applicable).
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b. Proposals must be submitted in the format described in the following section. Proposals are to be 0
prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the
requirements of this RFP. Expensive bindings, colored displays, promotional materials, etc. are not
necessary or desired. Emphasis should be concentrated on a vendor's own conformance to the RFP
instructions, responsiveness to the RFP contract scope/requirements, and on completeness and clarity of 2
content. �-
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c. Proposals must be complete in all respects as required in this section. A proposal may not be considered N
if it is conditional or incomplete. p
d. Late proposals will not be accepted. n.
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2. Proposal Presentation f°
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One (1) original bound and one (1) unbound copy of the written proposal is required. All proposals should be c
submitted on 8 '/" X 11" recycled paper with double sided printing, unless impractical, with no less than '/2" top,
bottom, left and right margins. Proposals must be typed and double-spaced. Typeface must be no more than 12
characters per inch. Each page, including attachments and exhibits, must be clearly and sequentially numbered at a,
the bottom center of each page. aC
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3. Proposal Format o
Response to this Request for Proposal must be in the form of a proposal package submitted in the following
format:
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1. Cover Page — Submit Request for Proposal coversheet and a letter, on company stationery, signed by a w
duly authorized officer, employee, or agent of the organization/firm submitting the proposal that must N
include the following information: L
a. A statement that the proposal is submitted in response the Request for Proposal °_
b. A statement indicating which individuals, by name, title, address, phone number and e-mail address, Q
are authorized to negotiate with the County on behalf of the organization.
c. A statement certifying that the undersigned, under penalty of perjury, is an agent authorized to submit
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proposals on behalf of the organization.
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2. Statement of Certification— Include the following in this section of the proposal: a
a. A concise statement of the services proposed.
b. A statement that the offer made in the proposal is firm and binding for 120 days from the date the r2
proposal is opened. x
c. A statement that all aspects of the proposal, including cost, have been determined independently, without
consultation with any other prospective vendor or competitor for the purpose of restricting competition. ;O
d. A statement that all declarations in the proposal and attachments are true and that this shall constitute a T
warranty, the falsity of which shall entitle the County to pursue any remedy by law.
e. A statement that the Vendor agrees that all aspects of the RFP and the proposal submitted shall be a
binding if the proposal is selected and a contract awarded.
f. A statement that the Vendor agrees to provide the County with any other information that the County
deems necessary for an accurate determination of the Vendor's ability to provide the equipment and
perform the services proposed.
g. A statement that the Vendor, if selected, will comply with all applicable rules, laws and regulations. Q
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3. Statement of Qualifications — Vendor shall state the ability to provide multifunction copiers and fax
machines on a purchase or rental basis. Vendor shall also state that they do not have any commitments
or potential commitments which may impact their company's assets, lines of credit, guarantor letters, or m
ability to perform the contract. This would include if the Vendor is currently in negotiations to either merge Uo
with or be acquired by a competitor.
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4. Proposal — Proposal should address, but is not limited to all items in Section III, Scope of
Contract/Requirements. Cr
Proposal must include the following: Q
o Brief synopsis of the Vendor's understanding of the County's needs and how the Vendor plans to v
meet these needs. Vendor should discuss their hard drive security in this section. c
o References—Attachment A g
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o Service Technician List by Equipment Model—Attachment B U
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o Purchase Price Sheets — Attachment C, one for each model of equipment bid. Vendor should ,:3
make as many copies of this attachment as necessary.
o Rental Price Sheets —Attachment D, one for each model of equipment bid. Vendor should make n
as many copies of this attachment as necessary. o
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NOTE: Any reasonable inquiry to determine the responsibility of a vendor may be conducted by the O
County. The submission of a proposal constitutes permission by the Vendor for the County to verify all
information contained herein. If the County deems it necessary, additional information may be requested a
from the Vendor. Failure to comply with any such request may disqualify a vendor from further
consideration. Such additional information may include evidence of financial ability to perform in the form
of independently audited financial statements. Vendors should only provide such information if requested. E
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5. Pricing Proposal —Vendors are to use the Pricing Sheets (Attachments C and D) included with this RFP. `m
A price sheet should be completed for each model of copier and/or fax machine bid. The County Q
understands that technology is constantly changing and new models introduced. For the purpose of this o
RFP, vendors are to bid current models of equipment. Optional features should be priced separately. o
Pricing should be provided for both purchased units and monthly rentals and should reflect the Vendor's
normal pricing to the County. The County understands that vendors may, at times, offer promotional 00
pricing. The County expects to receive the benefit of any such promotional pricing as may occur W
throughout the year. Do not include Sales Tax in pricing proposals. N
.� Pricing proposals for Monthly Copier Rentals are to include all service calls, parts, labor, drums and .co,
consumable supplies such as toner, staples, developer, excluding paper. Vendor shall provide prices for Q
Rentals which include 1,000, 2,500, 5,000, 10,000, 15,000, 20,000 & 25,000 black and white copies per ..
month and shall indicate excess black and white per copy charges. Vendor shall also indicate per copy
charge for color copies if applicable to a specific model.
Pricing proposals for Purchased Copier equipment should also include, as a separate item, monthly Q
maintenance charges for each model bid. Monthly maintenance agreements are to include all service ,•�
calls, labor, parts, drums and consumable supplies such as toner, staples and developer, excluding s
paper. Vendors shall provide pricing for agreements which include 1,000, 2,500, 5,000, 10,000, 15,000, w
20,000 & 25,000 black and white copies per month and shall indicate excess black and white per copy
charges. Vendor shall also indicate per copy charge for color copies if applicable to a specific model.
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Although the above volume bands may be too high for smaller machines or too low for larger machines,
for the sake of simplicity, vendors are to follow the above instructions.
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Copier pricing will be broken out into segments based on the Dataquest segmentation scheme as follows:
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• Segment 1 —up to 20 cpm
• Segment 2—21 to 30 cpm Q
• Segment 3—31 to 44 cpm U.
• Segment 4—45 to 69 cpm
• Segment 5—70 to 90 cpm =
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• Segment 6—91 cpm &above o
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Approximately ninety-five percent (95%) of the copiers in use by the County fall within the 25 cpm to 65 c
cpm range.
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Vendor is to provide a specification sheet for each model of copier/multifunctional office machine bid.
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If a vendor is a distributor of multiple brands, they may bid as many brands as they wish. If bidding •E
multiple brands of equipment, you are to submit one proposal, but each brand of equipment must be bid Or
separately.
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NOTE: The County of San Bernardino is not interested in GSA or C-MAS contracts. o
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6. Material Safety Data Sheets—Vendors responding to this RFP must provide Material Safety Data o
Sheets for any toners and/or developers which
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they propose to furnish to the County.
7. Proof of ISO-9001 and ISO 14001 Certification. '
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VIII. EVALUATION AND AWARD "-
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A. General
Proposals will be subject to a review process developed by the County, which includes:
1. Mandatory submittal requirements and minimum qualifications
2. Analysis of functionality and service requirements
3. Cost evaluation E
4. Reference checks
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B. Evaluation Criteria a
1. Initial Review - All proposals will be initially evaluated as follows to determine if they are eligible to be o
considered and evaluated: o
a. The proposal must be complete, in the required format, and comply with all RFP requirements.
b. Proposers must meet the Minimum Vendor Requirements as outlined in Section II. G. Failure to meet all (OD
of these requirements will result in a non-responsive proposal that will be rejected with no further w
evaluation or consideration. No proposal shall be rejected, however, if it contains a minor irregularity, N
defect or variation and if the irregularity, defect or variation is considered by the County to be immaterial *C 0
or inconsequential, the County may chose to accept the proposal. In such cases the Vendor will be
notified of the deficiency in the proposal and given an opportunity to correct the irregularity, defect or a'
variation or the County may elect to waive the deficiency and accept the proposal.
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2. Technical Review- Proposals meeting the above requirements will be evaluated on the basis of the following
criteria:
a. Credentials, qualifications, reputation or past performance a
b. Ability to provide product(s) in a timely manner
c. Functional specifications or system components
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d. Maintenance or serviceability x
e. E-commerce or online reporting capabilities w
f. Field delivery or priority service considerations LO
g. Performance, testing or certifications r
h. Warranties/guarantees
i. Training a
j. Reliability and/or fiscal strength LO
3. Cost Evaluation - Cost effectiveness may include factors such as trade-in terms, buyback options, and life
cycle cost. a,
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4. Reference Checks - References are obtained or verified at the discretion of the County, and at any stage in U_
the evaluation process.
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C. Award '
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Contract(s)will be awarded based on a competitive selection of proposals received. The contents of the proposal v
of the successful Vendor(s) will become contractual obligations and failure to accept these obligations in a
contractual agreement may result in cancellation of the award.This is a Multiple Award contract. m
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D. Transition Q
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County of San Bernardino Request for Proposal AGENCY15-P 5.F.b
Purchasing Department COPIERS/MULTIFUNCTION OFFICE MACHINES Page 22 of 25
Should a current contract vendor not be awarded a new contract under this RFP, copier rentals from the current Q'
contract vendor shall remain in effect until the normal expiration date of the rental term, at which point the user w
department shall be required to choose a replacement copier from a vendor awarded a contract under this RFP.
The purpose of this provision is to provide ease of transition to county departments. °—'
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In order for current equipment which the County owns to be properly maintained, all maintenance agreements on )
such equipment shall remain in effect as long as the equipment covered by the maintenance agreement remains 0
in the County's inventory.
E. Disputes Relating to Proposal Process and Award
In the event a dispute arises concerning the proposal process prior to the award of the contract, the party wishing m
resolution of the dispute shall submit a request in writing to the Director of Purchasing. Vendor may appeal the c
recommended award or denial of award, provided the following stipulations are met: w
a. Appeal must be in writing. p
b. Must be submitted within ten (10)calendar days of the date of the notification of the recommended award a-
or denial of award letters. c
An appeal of a denial of award can only be brought on the following grounds: c
a. Failure of the County to follow the selection procedures and adhere to requirements specified in the RFP
or any addenda or amendments.
b. There has been a violation of conflict of interest as provided by California Government Code Section
87100 et seq. a
c. A violation of State or Federal law. 0
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Appeals will not be accepted for any other reasons than those stated above. All appeals must be sent to:
Laurie Rozko, Director
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County of San Bernardino W
Purchasing Department N
777 E. Rialto Avenue
San Bernardino, CA 92415-0760
The County Purchasing Agent shall make a decision concerning the appeal, and notify the Vendor making the Q
appeal, within a reasonable timeframe prior to the tentatively scheduled date for awarding the contract. The
decision of the County Purchasing Agent shall be deemed final. IT
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County of San Bernardino Request for Proposal AGENCY15-PU
Purchasing Department COPIERS/MULTIFUNCTION OFFICE MACHINES Page 23 of 25
COPIERS/MULTI-FUNCTION OFFICE MACHINES
PROPOSAL COVER PAGE w
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PROPOSERS SERVICES OR BUSINESS ACTIVITIES OTHER THAN WHAT THIS RFP REQUESTS:
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PROPOSER'S AUTHORIZED SIGNATURE:
The undersigned hereby certifies that this proposal is submitted in response to this solicitation.
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County of San Bernardino Request for Proposal AGENCY15-PU
Purchasing Department COPIERS/MULTIFUNCTION OFFICE MACHINES Page 24 of 25
ATTACHMENT A— REFERENCES
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List three (3) government agencies or private sector companies of equal size and scope to whom you have
supplied like product within the last five (5)years. o
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
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18 San Bernardino CA 92418 N
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
1 AND ADVANCED COPY SYSTEMS
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25 prevailing party shall be entitled to recover from the opposing party all costs and expense
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27 3
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20 1003 East Brier Drive Suite 120 00
21 San Bernardino CA 92408
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
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1 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
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12 WHEREAS,the County of San Bernardino did solicit and accept proposals and bids from 0-
13 a number of vendors of such copier and related items and services; and
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14 WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and
15 authorized by the County of San Bernardino to provide such copier and related items and services. o
16 NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS:
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17 1. SCOPE OF SERVICES. X
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18 For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR N
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19 to provide those products and services as set forth in Exhibit "A" to this Resolution, entitled
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20 "Request for Proposal, County of San Bernardino", dated January 16,2015.
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21 2. COMPENSATION AND EXPENSES.
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22 a. For the services delineated above,the CITY,upon presentation of an invoice,shall 1*
23 pay VENDOR the amount reflected in attached Exhibit"A."
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24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25 3. TERM; SEVERABILITY.
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26 The term of this Agreement, is for a period of three years(s), commencing July 1, 2016
27 1
28
Packet Pg.206
I through June 30, 2018 (with the option of two one-year extensions) on a month to month basis.
2 This Agreement may be terminated at any time by thirty(30)days written notice by either
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3 p arty. The terms of this Agreement shall remain in force unless mutually amended. The
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4 duration of this Agreement may be extended with the written consent of both parties. c
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5 4. INDEMNITY.
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7 from any and all claims, actions, or losses, damages and/or liability resulting from CITY's p e
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8 negligent acts or omissions arising from the CITY's performance of its obligations under the 2
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9 Agreement.
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10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and o
11 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
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12 VENDOR's negligent acts or omissions arising from the VENDOR's performance of it,
13 obligations under the Agreement.
14 In the event the CITY and/or the VENDOR is found to be comparatively at fault for an) o
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15 claim,action,loss,or damage which results from their respective obligations under the Agreemen Q
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16 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. o
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17 5. INSURANCE x
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18 While not restricting or limiting the forgoing, during the term of this Agreement N
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19 VENDOR shall maintain in effect policies of comprehensive public, general and automobile :E
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20 liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker':
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21 compensation coverage and shall file copies of said policies with the CITY's Risk Manager prio:
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22 to undertaking any work under this Agreement. CITY shall be set forth as an additional name( ca
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23 insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished t(
24 the CITY shall require the insurer to notify CITY of any change or termination in the policy. E
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25 6. NON-DISCRIMINATION. =°-
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26 In the performance of this Agreement and in the hiring and recruitment of employees
27 2
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AN
10 S.F.k
I VENDOR shall not discriminate on the basis of race,creed,color,religion,sex,physical handicap,
2 ethnic background or country of origin.
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3 7. INDEPENDENT CONTRACTOR. �
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4 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
5 purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. '
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6 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax,
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7 payroll deductions for VENDOR and its officers,agents,and employees,and all business licenses, 00
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8 if any are required, in connection with the services to be performed hereunder.
9 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIRMENTS
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
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certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 0
11
qualifications, insurance and approval of whatever nature that is legally required of VENDOR to a.
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13 practice its business or profession.
9. NOTICES E
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Any notice to be given pursuant to this Agreement shall be deposited with the United States a
15
16 Postal Service,postage prepaid and addressed as follows: 00
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17 TO THE CITY: City Finance Department
300 North"D" Street X
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18 San Bernardino CA 92418 0
Telephone: (909)384-5242 0
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20 TO THE VENDOR: Xerox Corporation a
1851 E. First Street Suite 300
00
21 Santa Ana CA 92705
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22 °�°
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23 10. ATTORNEY'S FEES.
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24 In the event that litigation is brought by any party in connection with this Agreement, the
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25 prevailing party shall be entitled to recover from the opposing party all costs and expenses, Q
26 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of it,,` 27
3
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I rights or remedies hereunder or the enforcement of any of the terms, conditions or provision
2 hereof. The costs, salary and expenses of the City Attorney and members of his office ii d
3 enforcing this Agreement on behalf of the CITY shall be considered "attorney's fees" for th( ;
4 purposes of this paragraph.
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5 11. ASSIGNMENT. Cr
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6 VENDOR shall not voluntarily or by operation of law assign,transfer, sublet or encumbe ,a-)
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7 all or any part of the VENDOR's interest in this Agreement without CITY'S prior written consent U
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8 Any attempted assignment,transfer, subletting or encumbrance shall be void and shall constitute,
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9 breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY';
10 consent,no subletting or assignment shall release VENDOR of VENDOR's obligation to perforn o
12
11 all other obligations to be performed by VENDOR hereunder for the tenn of this Agreement. o
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12 12. VENUE.
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13 The parties hereto agree that all actions or proceedings arising in connection with thi;
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14 Agreement shall be tried and litigated either in the State courts located in the County of Sar
15 Bernardino, State of California or the U.S. District Court for the Central District of California a
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16 Riverside Division. The Aforementioned choice of venue is intended by the parties to be th( o
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17 mandatory and not permissive in nature. x
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18 13. GOVERNING LAW d
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20 14. SUCCESSORS AND ASSIGNS.
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22 and their respective heirs,representatives, successors, and assigns. 0°
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23 15. HEADINGS.
24 The subject headings of the sections of this Agreement are included for the purposes o E
25 convenience only and shall not affect the construction or the interpretation of any of its provisions 20
26
27 4
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1 16. ENTIRE AGREEMENT; MODIFICATION.
2 This Agreement constitutes the entire agreement and the understanding between thf
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3 parties, and supersedes any prior agreements and understandings relating to the subject manner ol a
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4 this Agreement. This Agreement may be modified or amended only by a written instrumerr
5 executed by all parties to this Agreement.
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1 VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND XEROX CORPORATION
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3 IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day an( czL
4 date set forth below. _
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6 Date: , 2016 XEROX CORPORATION 0
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8 By: o
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Date: , 2016 CITY OF SAN BERNARDINO 0
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By:
13 Mark Scott, City Manager
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15 ATTEST: a
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17 Georgeann"Gigi" Hanna,City Clerk w
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20 APPROVED AS TO FORM: a
Gary D. Saenz, City Attorney
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(IMPORTANT NOTE: AGREEMENTS WITH COOK ARTHUR
AND MWB NULL AND VOID BECAUSE THEY WERE NOT
Ar EXEC. TED WITHIN THE TIME SPECIFIED)
RESOLUTION NO. 2010-73
CL
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 'a
3 BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS AND
PURCHASE ORDERS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT9
4 SUPPLIES AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCED W
5 COPY SYSTEMS; CANON BUSINESS SOLUTIONS; COOK ARTHUR INC; IKON
OFFICE SOLUTIONS; KONICA-MINOLTA BUSINESS SOLUTIONS; MWB CL
0
6 BUSINESS SYSTEMS; RICOH BUSINESS SYSTEMS; TOSHIBA BUSINESS
SOLUTIONS AND XEROX CORPORATION. .0
7
WHEREAS, CITY has need for Photocopier Equipment, Supplies, Maintenance and
8
9 service,and,
0
10 WHEREAS, the CITY'S Purchasing Code allows purchases from a vendor or
0
manufacturer which, through the City's bidding procedure, or other California governinent or
12 W
governmental agency's bidding procedure has established a price at which such a vendor or
13 E
manufacturer is willing to sell to the City.
14
y-
15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
16
X
17 W
SECTION 1. Advanced Copy Systems; Canon Business Solutions;Cook/Arthur Inc.; 0
N
Is M
0
Ikon Office Solutions; Konica-Minolta Business Solutions;MWB Business Systems;Ricoh :E
I4 0
Business Systems;Toshiba Business Solutions,and Xerox Corporation were the most responsive
20 1t
00
21 bidders for the copier replacement program bid,awarded by the County of San Bernardino v
ti
22 (RFQ-K-52)on April 28,2009, Copy of said RFQ, County staff report and bid analysis are
23 attached to this resolution and incorporated herein as Exhibit"A". Under the terms of this
.2
24
purchase,the City Manager is hereby authorized to execute Master Rental Agreements,attached 0
25
tY
and incorporated herein as Exhibits"B-I through B-9", and the Finance Department is hereby
26
E
27 authorized and directed to issue annual Purchase Orders for three(3)years for FY 2010-11
28 through FY 2012-13,with an option of two one-year extensions(FY 2013-14 and FY 2014-15) <
to the nine(9)above mentioned vendors.
Packet Pg.225�
5.F.m
RESOLUTION NO. 2010-73
f Q-
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS AND c
3 PURCHASE ORDERS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT 3
4 SUPPLIES AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCED w
COPY SYSTEMS; CANON BUSINESS SOLUTIONS; COOK ARTHUR INC; IKON d
5 OFFICE SOLUTIONS; KONICA-MINOLTA BUSINESS SOLUTIONS; MWB o
BUSINESS SYSTEMS; RICOH BUSINESS SYSTEMS; TOSHIBA BUSINESS U
6 SOLUTIONS AND XEROX CORPORATION, 0
7 c
8 SECTION 2. This contract and any amendment or modification thereto shall not take
9 effect or become operative until fully signed and executed by the parties and no party shall be
Y)
10 Q
obligated hereunder until the time of such execution. No oral agreements,amendments, a
11 c
c�
12 modifications or waivers are intended or authorized and shall not be implied from any other c
4)
13 course of conduct of any party.
L
14 SECTION 3. The authorization to execute the above-referenced Agreements and o
1s �
0
Purchase Orders are rescinded if not issued within ninety(90)days of the passage of this
16
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2 RESOLUTION NO. 201 0-73 rn
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ca
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
4 BERNARDINO AUTHORIZING THE EXECUTION OF AGREEMENTS AND Cr
w
PURCHASE ORDERS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT a)
s SUPPLIES AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCE
.Q
0
6 COPY SYSTEMS; CANON BUSINESS SOLUTIONS; COOK ARTHUR INC; IKONv
OFFICE SOLUTIONS; KONICA-MINOLTA BUSINESS SOLUTIONS; MW o
7 BUSINESS SYSTEMS; RICOH BUSINESS SYSTEMS; TOSHIBA BUSINESS c
SOLUTIONS AND XEROX CORPORA'T'ION. .'
R
9 ^
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ,F
10 Common Council of the City of San Bernardino at a Joint regular meeting thereof, p
a
i I held on the 19th day of April ,2010,by the following vote, to wit: _
12
c
Council Members: AYES NAYS ABSTAIN ABSENT
13 a>
MARQUEZ x
�✓ 14 Q
DEJARDINS x +-
0
15 BRINKER x o
16 SHORETT x a
17 KELLY x w
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t s JOHNSON x `o
McCAMMACK x
19 Q
20
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21 City Clerk
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The foregoing resolution is hereby approved thi§�:2&?V day of April 2010. c°14
23 =
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24
2s rick T. Morris,. I'ayat„
City of San Bernardino
26 m
roved as to form:
27
28 Q
James F. Penman,City Attorney
Packet Pg. 227
5.F.n
t RESOLUTION NO. 2006-307 d
.Q
2
co
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
3 BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVICE
AGREEMENTS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT,SUPPLIES?
4 AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCED COP Cr
5 SYSTEMS; CANON BUSINESS SOLUTIONS; BURTRONICS BUSINESS SYSTEMS; w
IKON OFFICE SOLUTIONS; TOSHIBA AMERICA BUSINESS SOLUTIONS; 0.
6 KONICA-MINOLTA BUSINESS SOLUTIONS AND XEROX CORPORATION. c°�
c
0
7 WHEREAS, CITY has need for Photocopier Equipment, Supplies, Maintenance an
c
s
service,and, w
3
9
WHEREAS, the CITY'S Municipal Code authorizes purchases from a vendor oi `0
10 w
N
manufacturer which, through the City's bidding procedure, or other California government ol a
11
12 governmental agency's bidding procedure has established a price at which such a vendor o
13 manufacturer is willing to sell to the City.
a�
14 L
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF Q
is SAN BERNARDINO AS FOLLOWS: o
r-
16 0
E7 SECTION 1. Advanced Copy Systems; Canon Business Solutions; Burtronics Business x
W
18 Systems;Ikon Office Solutions;Toshiba America Business Solutions;Konica-Minolta Business N
L
0
19 Solutions,and Xerox Corporation were the most responsive bidders for the copier replacement
d
20
program bid awarded by the County of San Bernardino RI -G47)on April 11 2006. Copy of 00
21
said RFQ,County staff report and bid analysis are attached to this resolution and incorporated
22 0
herein as Exhibit"A".Under the terms of this purchase,the City Manager or his designee is o
23 c
24 hereby authorized to execute Vendor Services Agreements,a copy of which is attached and r-
.2
25 incorporated herein as Exhibit"B",and the Finance Department is hereby authorized and 0
N
d
26 directed to issue annual Purchase Orders for three(3)years for FY 2006-07 through FY 2008-09,
c
27
with an option of two one-year extensions(FY 2009-10 and FY 2010-11)to the seven(7)above
28 B
mentioned vendors. Q
Packet Pg. 228
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN Cn
3 BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVICES
AGREEMENTS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT, SUPPLIES
4 AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCED COP'V
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SYSTEMS; CANON BUSINESS SOLUTIONS; BURTRONICS, BUSINESS SYSTEMS; W
L.
5 IKON OFFICE SOLUTIONS; TOSHIBA AMERICA BUSINESS SOLUTIONS; .0
KONICA-MINOLTA BUSINESS SOLUTIONS AND XEROX CORPORATION. a
6 0
7 .0
SECTION 2. This contract and any amendment or modification thereto shall not take
8
effect or become operative until fully signed and executed by the parties and no party shall be
9
jo obligated hereunder until the time of such execution.No oral agreements,amendments,
0
modifications or waivers are intended or authorized and shall not be implied from any other CL
12
course of conduct of any party. ui
13
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14 SECTION 3. The authorization to execute the above-referenced Agreements and
15 Purchase Orders are rescinded if not issued within ninety(90)days of the passage of this
0
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S.F.n
CL
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN rn
BERNARDINO AUTHORIZING THE EXECUTION OF VENDOR SERVICE
3 AGREEMENTS FOR THE PROVISION OF PHOTOCOPIER EQUIPMENT, SUPPLIE
4 AND MAINTENANCE WITH THE FOLLOWING VENDORS: ADVANCED COP
SYSTEMS; CANON BUSINESS SOLUTIONS; BURTRONICS BUSINESS SYSTEMS; Cr
5 IKON OFFICE SOLUTIONS; TOSHIBA AMERICA BUSINESS SOLUTIONS; d
KONICA-MINOLTA BUSINESS SOLUTIONS AND XEROX CORPORATION. o
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a j oint regular meeting thereof,
9 held on the 5th day of September ,2006,by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT 0
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ESTRADA x c
12 f4
BAXTER.
13 VACANT E
14 DERRY x
15 KELLY x o
16 JOHNSON x a
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McCAMMAACK x
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19 City Jerk
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The foregoing resolution is hereby approved this 7f_ day of Se tember_ 2006.
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23 Wen McCarnrack, Mayor Pro Ter N
City of San Bernardino 0
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roved as to fo _
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26 es F.Penman,City Attorney
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