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HomeMy WebLinkAboutR-00-0821J-00-755. 09/27/00 RESOLUTION NO.O Q — 821 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/5TIS ) AFFIRMATIVE VOTE, AFTER A DULY ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT XEROX CORPORATION IS THE SOLE SOURCE PROVIDER OF CONSUMABLE SUPPLIES FOR TWO (2) XEROX 4850 LASER PRINTING SYSTEMS FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF SUCH SUPPLIES, AT AN ANNUAL COST OF $35,000, WITH THE OPTION TO EXTEND FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS AT THE CITY'S DISCRETION; ALLOCATING FUNDS FROM GENERAL FUND ACCOUNT CODE NO. 001000.460101.6.722. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. By a four-fifths (4/stns) affirmative vote, after a duly advertised public hearing, the City Manager's finding that Xerox Corporation is the sole source provider of consumable supplies for two (2) Xerox 4850 Laser Printing Systems for the Department of Information Technology, is ratified, approved and confirmed, the requirements for competitive bidding procedures are waived and the procurement of such supplies, at an CITY S E P 2 S, 2000 Rescsk�tion, `Aip• ' FJ o - 821 annual cost of $35,000, with the option to extend for four (4) additional one (1) year periods at the City's discretion, is approved, with funds allocated from General Fund Account Code No. 001000.460101.6.722. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'''/ PASSED AND ADOPTED this 28th day of September , 2000. JOE CAROLLO, MAYOR In 'oc1�ta 1�IPtin �sr'I t 6` n ^F cz zn� 4 L d 316 a- A ry this + { r 4 y� r ¢�. � . ��r d'd not rnt�c�tE ��,�re�� of zy s " q` said ^ tx �ysta w yq T y ¢ �y. } p} �y g , said � � t[;}MtegWyil mel :`U'Y 6?(i�69 L`.' t64 aJiYb"1J iY4'd' `,vi6i S �. , ....14s o n 'iY 1K,j� 4d.x: ,fs, t. ��d7 l{4aiY �aie of V1v���faY cion rLdOn AJ$.�@4�A �+i��p�+ P..e^+ $ i 1 {� jWi1d 1 f x.1 71 i'fi, �1i Sii d,':til t1 anti MaY01- O.$liai, rdus', ing a veo. ATTEST: palter J. Foeman, City Clerk WALTER J. FOEMAN CITY CLERK APPROVED AS TO FORM AND C RRECTNESS:kl—'Q� ANDRO VILA ,LLO ATTORNEY 639:dd:smg:.13SS If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 U0`". • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members Of The City Commission FROM: lg�K s imenez Ci Manager DATE : SEP-- 1 2 2;;u1J FILE: SUBJECT: Acquisition of Consumable Supplies for Xerox 4850 Laser Printing Systems REFERENCES: ENCLOSURES: Recommendation It is respectfully requested that the City Commission waive the necessity of sealed bids and approve the attached resolution authorizing the City Manager to acquire consumable supplies for two Xerox 4850 Laser Printing Systems from Xerox Corporation (non- local/non-minority), for the Department of Information Technology, at a cost of $35,000.00 for one year, with the option to extend for four additional one-year periods. Funds are allocated from General Fund Account Code, 001000.460101.6.722. Background The Information Technology Department's computer center handles the majority of the production -computer printing requirements of the City of Miami. The volume of this printing is four million pages per year. These reports are comprised of Financial Reports, Direct Deposit Slips, Collection Letters, Police Reports, Building and Zoning Reports, Personnel Reports, etc. On a daily basis, almost every department receives reports printed at the Computer center. Two Xerox Laser Printing Systems that were purchased last year handle the bulk of this printing. These supplies are vital to the day-to-day operations of these printers. These printing systems have assisted the City of Miami in reducing. printing costs by providing for duplex printing and by providing the capability of printing forms, thereby eliminating the need to buy pre-printed forms. These printers also reduced banking fees by reducing bank lockbox rejection rates, and will reduce postal expenses when the City obtains CASS certification from the post office. In order to keep these printing systems operational, they require consumable supplies such as ink cartridges and fuser oil. Xerox Corporation is the sole vendor that can provide supplies for these machines. Furthermore, these systems carry a three year Total Satisfaction Guarantee that would be voided in the event that modified supplies from an unauthorized vendors are used during this time frame. The Director of Purchasing has determined that Xerox is the sole provider of consumable supplies for the Ndrox 4850 Laser Printing Systems. CAG:RJN:AG' :-cn - 821 ® CITY OF MIAMI, FLORIDA 0 INTER -OFFICE MEMORANDUM TO: Judy Carter DATE : August -7, 2000 FILE Director Purchasing Department SUBJECT: Acquisition of Consumable Supplies for Xerox 4850 Laser Printing Systems FROM: REFERENCES: Aldo Stancato ENCLOSURES: Director, Information Technology Department The Information Technology Department has verified with the Department of • Management & Budget, that funds are available to cover the purchase of consumable supplies for two Xerox 4850 Laser Printing Systems from Xerox Corporation, at a cost of $35,000.00 for one year, with the option to extend for four additional one-year periods. Funding is available from the General Fund Account Code, 001000.460101.6.722. BUDGETARY REVIEW AND APPROVAL: A 9ti0.G'1�- Linda Haskins, Director Management and Budget Department AGS:jcn 6v" Y -Y a� - eco City of Miami IM!o"91__ _ S B dget AnsmMof $ avekbb in SaMuntnumber. %I019d by: SIGNATURE 00- 821 0 TO: Carlos A. Gimenez City Manager FROM: y .Carter, rector eartment of Purchasing • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE: August 16, 2000 FILE: SUBJECT: Sole Source Request for the Acquisition of Consumable Supplies for Xerox 4850 Laser Printing Systems REFERENCES: ENCLOSURES: Staff conducted an investigation to determine whether Xerox Corporation, a non -minority / non -local vendor, located at 800 Carillon Parkway, St. Petersburg, Florida 33716, is the sole source provider of consumable supplies for two (2) Xerox 4850 Laser Printing Systems, for the Department of Information Technology. Funding for the provision of these supplies, at an annual cost of $35,000, with the option to extend for four (4) additional one (1) year periods at the City's discretion, is available from General Fund Account Code 001000.460101.6.722. The Department of Information Technology recently acquired the two laser printers from the Xerox Corporation. The computer center of the Department of Information Technology handles the majority of the production computer printing requirements of the City, and the volume of printing is approximately four (4) million pages per year. The reports produced include Financial Reports, Building and Zoning Reports, and others. In order to keep these printing systems operational, they require consumable supplies such as ink cartridges and fuser oil, as they are vital to the day-to-day operations of these printers. According to the department, Xerox Corporation is the sole vendor that can provide supplies for these machines as the three- year Total Satisfaction Guarantee would be voided in the event that modified supplies from unauthorized vendors are used during the warranty period. The Xerox Corporation acknowledged they are the sole source providers of these supplies; and that any attempt by the City to utilize products from vendors other than Xerox will void any Xerox warranty on the equipment. Further, according to Xerox, for there are no authorized dealers other than Xerox from which to acquire the specific supplies for the 4850 Laser Printing Systems. Accordingly, I am recommending that the requirements for competitive bidding be waived, and these findings be approved: Xerox Corporation is the sole source service provider of consumable supplies for two (2) Xerox 4850 Laser Printing Systems, for the Department of Information Technology. Funding for the provision of these supplies, at an annual cost of $35,000, with the option to extend for four (4) additional one (1) year periods at the City's discretion, is available from General Fund Account Code 001000.460101.6.722. APPROVED Date: Carlos A. Gimenez City Manager. CAG/RJN/JSC/peb SEP 1 Judy Carter, Director TO: Department of Purchasing FROM: ✓ Pamela E. Burns, CPPB Sr. Procurement Contracts Officer • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM July 11, 2000 DATE: FILE : Sole Source Request for the SUBJECT: Acquisition of Maintenance Services for Xerox 4850 Laser Printing Systems REFERENCES: ENCLOSURES: I conducted an investigation to determine whether Xerox Corporation, a non -minority / non -local vendor, located`at 800 Carillon Parkway, St. Petersburg, Florida 33716, is the sole source provider of consumable supplies for two (2) Xerox 4850 Laser Printing Systems, for the Department of Information Technology. Funding for the provision of these supplies, at an annual cost of $35,000, with the option to extend for four (4) additional one (1) year periods at the City's discretion, is available from General Fund Account Code 001000.460101.6.722. The Department of Information Technology recently acquired the two laser printers from the Xerox Corporation. The computer center of the Department of Information Technology handles the majority of the production computer printing requirements of the City, and the volume of printing is approximately four (4) million pages per year. The reports produced include Financial Reports, Building and Zoning Reports, and others. In order to keep these printing systems operational, they require consumable supplies such as ink cartridges and fuser oil, as they are vital to the day-to-day operations of these printers. According to the department, Xerox Corporation is the sole vendor that can provide supplies for these machines as the three- year Total Satisfaction Guarantee would be voided in the event that modified supplies from unauthorized vendors are used during the warranty period. The Xerox Corporation acknowledged they are the sole source providers of these supplies, and that any attempt by the City to utilize products from vendors other than Xerox will void any Xerox warranty on the equipment. Further, according to Xerox, for there are no authorized dealers other than Xerox from which to acquire the specific supplies for the 4850 Laser Printing Systems. Accordingly, I am recommending that the requirements for competitive bidding be waived, and these findings be approved: Xerox Corporation is the sole source service provider of consumable supplies for two (2) Xerox 4850 Laser Printing Systems, for the Department of Information Technology. Funding for the provision of these supplies, at an annual cost of $35,000, with the option to extend for four (4) additional one (1) year periods at the City's discretion, is available , from General Fund Account Code 001000.460101.6.722. APPROVED BY: DATE: g� / v /9 Judy S Carter, Dir ctor v i ocurement Officer iCITY OF MIAMI, FLORIDA • INTER -OFFICE MEMORANDUM TO: Judy Carter DATE: August -7, 2000 FILE: Director Purchasing Department SUBJECT: Acquisition of Consumable Supplies for Xerox 4850 FROM: REFERENCES: Laser Printing Systems Aldo Stancato ENCLOSURES: Director, Information Technology Department The Information Technology Department is requesting a sole source finding for the acquisition of consumable supplies for two Xerox 4850 Laser Printing Systems from Xerox Corporation. Based upon the attached Sale/Maintenance Agreement contract from Xerox Corporation, related letter and documentation, the Information Technology Department is requesting that you take the necessary steps to verify that Xerox Corporation is the sole source for the provision of these supplies for the two printing systems. Your attention to this matter is greatly appreciated. FINDING OF SOLE SOURCE APPROVED: ---(,—)Judy arter, irectorPurtlasing Dept. AGS:jcn • • THE DOCUMENT COMPANY Xerox Supplies July 13, 2000 City of Miami Room 504 400 NW 2nd Ave Miami, FL 33128 Contact: Julio Natera Account # 641320874 XNAC# VFL12 To Whom It May Concern, Xerox Corporation is the only authorized source provider of genuine Xerox toner for the Xerox 4850. Genuine Xerox toners have been specifically designed for the 4850 and are guaranteed to provide not only the highest quality document reproduction, but also at the yields quoted by Xerox. Using genuine products will help ensure lower maintenance costs, and improved productivity. Numerous factors must be controlled and quality -checked during the manufacturing to ensure that Xerox consumables consistently meet our high performance standards. Competitors cannot match Xerox proprietary manufacturing processes. Unfortunately, customers can no longer assume the products they buy from unauthorized sources are in fact genuine Xerox supplies. Counterfeiting is an industry problem, widespread, nationwide, and significantly larger than previously believed. Attached to this letter is additional explanation of the risks to both you and Xerox Corporation when inferior misrepresented supplies are used in your equipment. The only sure way for you to protect yourself is to purchase Xerox supplies directly from Xerox or an authorized source. As you will read in the attachments, the only company currently authorized to sell Xerox 4850 Toner is Xerox Corporation. If you have any questions or concerns, feel free to contact me. Sincerely, Laura McFarland Supply Business Specialist 15150 NW 79 Ct Miami, FL 33025 (305) 818-4381 �' `!OR:'11 • (;FNF,RAL TERMS: The following terms apply to all sale and maintenance transactions: I. PRODUCTS. "Products" refers to all equipment ("Equipment'*). as e% ell as software. and supplies ordered under this Agreement. You represent that the Products are being purchased for your own use (rather than resale) and that they will not be used primarily for personal, household or family purposes. . PAYMENT. Payment is due when you receive our invoice. All :applicable taxes shall he added to your payment amount (unless you provide proof of your tax-exempt status) including. but not limited to. sales and use. rental. excise, gross receipts and occupational or privilege taxes. 1. BASIC SERVICES. Xerox will provide the following Basic Services ander an express warranty or maintenance agreement: V REPAIRS AND PARTS. Xerox will make adjustments and repairs necessary to keep Equipment in good working order. Parts required for repair may he new, reprocessed. or recovered. All replaced parts/materials will become Xerox' property. I IOURS AND EXCLUSIONS. Unless otherwise stated, Basic Services will he provided during Xerox' standard working hours (excluding Xerox - recognized holidays) in areas within the United States, its territories, and possessions open for repair service for the Equipment at issue. Basic Services shall cover repairs and adjustments required as a result of normal wear and tear or defects in materials or workmanship (and shall exclude repairs or adjustments Xerox determines to relate to or he affected by the use of options, accessories, or other connected products not serviced by Xerox as well as any non -Xerox alterations, relocation, service, supplies. or consumables). C. INSTALLATION SITE AND METER READINGS. The equipment installation site must conform to Xerox' published requirements throughout the term of this Agreement. If applicable. you must provide meter readings in a manner prescribed by Xerox. if you fail to provide timely readings, Xerox may estimate them and bill you accordingly. D- REMEDY. If Xerox is unable to maintain the Equipment as described above. Xerox will, as your exclusive remedy, replace the Equipment with an identical product or, at Xerox' option. another product of equal or greater capabilities. This replacement product shall he subject to these same terms and conditions including any remaining warranty period. t . CARTRiDGE PRODUCTS. If Xerox is providing Basic Services for a product utilizing cartridges designated by Xerox as customer replaceable ("Cartridges"), and unless you have entered into a Standard Maintenance Agreement as described below, you agree to use only unmodified cartridges purchased directly from Xerox or its authorized resellers in the United States. I . OPERATOR MAINTENANCE PROCEDURES FOR DOCUCOLOR 70. II' Xerox is providing Basic Services for your DocuColor 70, you agree to perform all operator maintenance procedures set forth in the DocuColor 70 Printer Operator Guide (including the purchase of all referenced parts, tools, and supplies). t PC/WORKSTATiON REQUIREMENTS. in order to receive Basic Services and/or Software Support for equipment requiring connection to a PC or workstation. you must utilize a PC or workstation that either (1) has been provided by Xerox or (2) meets Xerox' published specifications. a. iNTELLECTUAL PROPERTY INDEMNITY. Xerox will defend and indemnify you if any Product is alleged to infringe someone else's U.S. intellectual property rights provided you promptly notify Xerox of the alleged in1'rin2cment and permit Xerox to direct the defense. Xerox is not responsible for :my non -Xerox litigation expenses or settlements unless it preapproves them in "riling. To avoid infringement, Xerox may modify or substitute an equivalent Product. refund the price paid for the Product (less the reasonable rental value for the period it was available to you), or obtain any necessary licenses. Xerox is not li:ihlc for any infringement -related liabilities outside the scope of this paragraph including but not limited to infringement based upon a Product being modified to your specifications or being used or sold with products not provided by Xerox. LIMITATION OF LIABILITY AND ASSIGNMENT. Neither party hall he liable to the other for any direct damages greater than the amounts t,aeahle hereunder nor for any special. indirect. incidental, consequential or pimidve damages arising out of or relating to this Agreement, whether the claim : (leges tortious conduct (including negligence) or any other legal theory. in Ott ilion. XEROX DISCLAIMS THE IMPLiE,D WARRANTY OF FITNESS 0 FOR A PARTICULAR PURPOSE. You may not assign any rights or obligations under this Agreement without Xerox' prior written consent. 6. ASSIGNMENT BY XEROX. In the event Xerox assigns any of its obligations under this Agreement. it shall remain primarily responsible for their performance. any claim or defense you have relating to these obligations must b asserted only against Xerox and not its assignee. 7. MISCELLANEOUS. This Agreement constitutes the entire agreement as to its subject matter, supersedes all prior and contemporaneous oral and written agreements, and shall he construed under the laws of the State of New York (without regard to conflict -of -law principles). Xerox may retairf a reproduction (e.g., electronic image, photocopy, facsimile) of this Agreement which shall he considered an equivalent to the original: in addition, Xerox may accept this Agreement either by its signature or commencing performance (e.g.. Equipment delivery). All changes to this Agreement must he made in a writing signed by both parties: accordingly, any terms on your ordering documents shall he of no force or effect. in any action to enforce this Agreement, the parties agree to waive their right to a jury trial and to pay the prevailing party's costs and expenses, including reasonable attorneys' fees. SALE TERMS: The following additional terms apply only to sale transactions: R. TITLE, RiSK, AND RELOCATION. For Equipment purchased outright, title will pass to you upon payment in full and risk of loss will pass to you upon installation (except for -products designated as Customer installable for which risk of loss will pass upon shipment from a Xerox -owned facility). For Equipment purchased on an installment basis, title and risk of loss will pass to you upon installation (except for products designated as Customer installable for which title and risk of loss will pass upon shipment from a Xerox -owned facility). Until you have paid for the Equipment in full, all Equipment relocations must he arranged (or approved in advance) by Xerox. All parts/materials replaced as part of an upgrade will become Xerox' property. 9. WARRANTY. Any warranty to which you are entitled shall commence upon installation (except for products designated as Customer Installable for which the warranty will commence upon shipment from a Xerox - owned facilit Warrari xov .. _. _...._... _ .. y). _, y erage-Ttir=any pmduct .utitizing:.Cartsidges-;is condrltottedtiprin yciiir tmng only:unmodifecd cartrid rebased direclly.fmm 7t 10. CARTRIDGES. To enhance print quality, Xerox has designed the Cartridges used in certain equipment models to cease functioning at a predetermined point (details regarding specific models are available upon request). in addition. certain Cartridges are sold as Environmental Partnership Cartridges: you agree these Cartridges shall remain Xerox property and that you will return them to Xerox for remanufacturing once you have run them to their cease -function point. IL EQUIPMENT STATUS. Unless you are acquiring Previously Installed Equipment. Equipment will he either (a) "Newly Manufactured." which has been factory produced and contains new, reprocessed, and/or recovered parts: (b) "Remanufactured:' which has been factory produced following disassembly to a Xerox predetermined standard and contains new, reprocessed, and/or recovered parts: or (c) "Factory Produced New Model," which is a model no more than 3 years old that has been factory produced and newly serialized with additional features and/or functions following disassembly to a Xerox predetermined standard and contains new, reprocessed, and/or recovered parts. 12. CREDIT HISTORY. As part of this transaction, Xerox may investigate your credit history. Unless you have already paid in full, and even if Products have been delivered, Xerox may, within 60 days following its acceptance of this Agreement, revoke the Agreement if your credit approval is denied. 13. PREPAYMENT AND BREACH OF INSTALLMENT SALES. You may prepay your remaining principal balance on Equipment purchased on an installment basis at any time, thereby eliminating your obligation to pay future Finance charges. If you breach this Agreement with regard to such Equipment. Xerox, in addition to any of its other remedies (including the cessation of Basic Services), may require immediate payment of the entire unpaid principal balance. 14. INSURANCE. ANi) SE,CURiTY INTEREST ON iNSTALLME.NT- PURCHASFI) E,QUiPME,NT. You -agree to maintain fire. theft and extended coverage insurance on Equipment purchased on an installment basis (which shat name Xerox as an additional insured). Until you make your final installmcn. payment for this Equipment. Xerox shall have a purchase money security interest in it. You hereby authorize Xerox or its agents to execute on your behalf all documents necessary to perfect this interest. r trdcrQuiX Form# 51959t&c (10/1999) 1/19/1999 Page 5 of 7 • • AWARD SOLE SOURCE 99-00-280 ITEM: Consumable Supplies for Laser Printing Systems DEPARTMENTS: . Information Technology TYPE OF PURCHASE: Term Contract REASON: The Department of Information Technology requires the acquisition of consumable supplies for its Xerox 4850 Laser Printing Systems. In order to keep these printing systems operational, they require consumable supplies such as ink cartridges and fuser oil, as they are vital to the day-to-day operations of these printers. According to the Xerox Corporation, no vendor other than Xerox can provide these supplies and continue to maintain the warranty, RECOMMENDATION: The Xerox Corporation is the sole source service provider to provide consumable supplies for two (2) Xerox 4850 Laser Printing Systems, for the Department of Information Technology. Funding for the provision of these supplies, at an annual cost of $35,000, with the option to extend for four (4) additional one (l ) year periods at the City's discretion, is available from General Fund Account Code 001000.460101.6.722. Judy S. qarter Z� .rector of Purchasing 8�1/ Date SoleSourceXeroxSuppliesIM 00— 8 1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Walter J. Foeman DATE: August -7, 2000 FILE: City Clerk SUBJECT: Request to Publish Notice for Public Hearing FROM: Aldo Stancato, Director REFERENCES: Information Technology Department ENCLOSURES: Please make arrangements to publish a notice of Public Hearing for objections to the waiving of the requirements for formal sealed bids for the purchase of consumable supplies for Xerox 4850 Laser Printing Systems from Xerox Corporation. Attached is the advertisement. The date and time of this public hearing will be - 28 210coat 9:30 A4 APPRO ED: lvi G. Al so, Agendaor orator AGS jcn Attachment 00- 821 City of Miami Notice to the Public A public hearing will be held by the City Commission of the City of Miami, Florida on 6 +. Z$, Z000 , at 9.'30 a.m. in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of waiving the requirements of obtaining sealed bids for the acquisition consumable supplies for two Xerox 4850 Laser Printing Systems from Xerox Corporation, for the Department of Information Technology, at a cost of $35,000.00. Inquiries from other potential vendors of such supplies who feel that they might be able to satisfy the City's requirements for this item may contact Pamela Burns, Sr. Procurement Contracts Officer, at the Department of Purchasing at 305-416-1905.