HomeMy WebLinkAboutExhibit ANegotiated Term Sheet for the Award of a Professional Services Agreement
in Response to Informal RFP 291270 to Establish, Operate and
Administer Dot Miami
Contract Type: Professional Services Agreement (PSA)
Parties: City of Miami and Minds and Machines, LLC
Subject Matter: Establish, Operate and Administer the Dot Miami Top -Level Domain
Term: Five (5) year term, with two five-year renewal options
Cancellation Provisions: Per Section 2.13 of the RFP document. Termination by Default and/or
Convenience
Fee Structure: The City of Miami's share, as negotiated, is 50% of gross revenues, to be paid on a
quarterly basis. Over the five-year contract term, this is estimated to bring in
approximately $23,500,000 of revenue to the City with no out-of-pocket costs.
Although revenue estimates are much higher, Minds and Machines, LLC, has
guaranteed a minimum annual payment to the City of $250,000.
Minds and Machines, LLC, has also committed to annual marketing costs of at least
$240,000, the majority of which would be spent locally in Miami.
Hold Harmless/Indemnification: Per Section 1.43 of the RFP document.
Compliance with All Laws: Per Section 1.19 of the RFP document.
Insurance:
Special Provisions:
Per Section 2.10 of the RFP document. General Liability: $1M/$2M/$1M/1$M;
Auto Liability $1M; Employer's Liability: $100,000/$100,000/$500,000; Errors
and Omissions: $1M/$1M
All Specifications/Scope of Work, Special Conditions and General Terms and
Conditions requirements as specifically identified in RFP 291270 will be
physically attached and incorporated by reference into the PSA.
The public records / non -trade secrets portion of Minds and Machines'
proposal response will also be attached and incorporated by reference into
the PSA.
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk
/2-Qo25- cxhi 12.7(-
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE: FILE
Honorable Mayor and March 6, 2012
City Commissioners
Johruiy Martinez,
City Manager
SUBJECT:
Emergency Finding: Establish, Operate
and Administer dot Miami RFP 291270
REFERENCES:
March 8, 2012, Commission Agenda
ENCLOSURES:
Evaluation Committee Findings
BACKGROUND
On January 12, 2012, the Internet Corporation for Assigned Names and Numbers (ICANN)
began accepting applications for new global top-level domains (gTLDs). Operating a global top-
level domain presents a significant opportunity and a recurring revenue source for the City of
Miami. The ICANN's deadline for gTLD applications is April 12, 2012. On January 26, 2012,
the Miami City Commission instructed the Information Technology and Purchasing Departments
to issue an expedited inforrnal RFP process to select a qualified internet registry services
provider to establish, operate and administer the dot Miami top-level domain for the City of
Miami. This RFP was not advertised in a newspaper of general circulation as required by Section
18-85(d) of the City of Miami Procurement Code. Doing so would have made it impossible to
bring a formal award recommendation for approval by the City Commission in advance of
ICANN's April 12, 2012, application deadline.
FINDING
The Administration finds and deterrnines that it is in the best interest of the City to waive
competitive sealed bidding procedures and to utilize competitive negotiations in order to secure
the services of a qualified internet registry services provider to establish, operate and administer
the dot Miami top-level domain for the City of Miami.
An informal competitive negotiations process was utilized to solicit qualified firms and to
negotiate an agreement. One firm submitted a proposal in response to informal Request for
Proposals (RFP) 291270 to Establish, Operate and Administer the dot Miami Top -Level Domain.
An Evaluation Committee appointed by the City Manager met on Monday, March 5, 2012, and
ranked Minds and Machines, LLC, as the most qualified firm for the project. Subsequently,
Minds and Machines, LLC, was engaged in contract negotiations in order to finalize an
agreement that is the most advantageous for the City based on a combination of the Proposer's
Overall Qualifications and Experience; Technical and Operational Capacity; Experience and
Approach to dot Miami; Financial Proposal; and Other Questions. It is respectfully
recommended that the City Commission adopt the attached Resolution by a 4/5'1' affninative
vote, ratifying, approving.and confirming this Emergency Finding. Thank you.
Submitted into the public
record in connection with
items NA.3 on 03-08-12
Priscilla A. Thompson
City Clerk