1122 AXIS Agreement for Utility billingCity Of Sanford
Agreement With Axis, Inc.
For Utilitv Billin Services
This Agreement made and entered into this -day of
between the:
City of Sanford, Florida
City Hall
300 North Park Avenue
Sanford, Florida 32771
, 2010 by and
a municipal corporation of the State of Florida, holding tax exempt status, hereinafter
referred to as the "City," and:
Axis, Inc.
6851 TPC Drive
Orlando, Florida 32822
a Florida corporation, authorized to do business in the State of Florida, hereinafter referred
to as the "Provider'.
The City and the Provider are collectively referred to herein as the "parties ".
Witnesseth:
Whereas, the Provider has entered an agreement to provide services to the City of
Melbourne, Florida pursuant to an Agreement which Agreement continues to be in effect
(hereinafter the "Melbourne Agreement "; and
Whereas, the City desires to retain the Provider for the work identified in the
specifications outlined in the Melbourne Agreement and for the periods set forth in the
Melbourne Agreement; provided, however, that the Provider shall provide goods and
services as directed by the City in order to meet the needs and requirements of the City
which are unique to the City; and
Whereas, the Melbourne Agreement is attached hereto as Exhibit "A" along with the
certain other documents relating thereto to include, but are not limited to, the documents
relating to RFP -12- 136 -0 -2007 which are incorporated herein by this reference thereto; and
Whereas, the City desires to employ the Provider for the performance to support
the activities, programs, and projects of the City upon the terms and conditions hereinafter
set forth and in the Melbourne Agreement as set forth herein, and the Provider is desirous
of performing and providing such services upon said terms and conditions; and
Axis, Inc.
— Melbourne Piggyback Agreement
Page No. 1
Whereas, theProvider hereby warrants and represents to the City that it is
competent and otherwise able to provide professional and high quality services to the City;
Now, Therefore, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
Section 1: Extent Of Agreementllnteg ratio n /Amendment.
(a). This Agreement, together with the exhibits, constitutes the entire integrated
Agreement between the City and the Provider and supersedes all prior written or oral
understandings in connection therewith. This Agreement, and all the terms and provisions
contained herein including, without limitation, the exhibits, constitute the full and complete
agreement between the parties hereto and supersede and controls over any and all prior
agreements, understandings, representations, correspondence and statements regardless
of whether written or oral; provided, however, that the benefits arising from the provisions
of this Agreement and the Melbourne Agreement ensure to the benefit of the City.
(b). This Agreement may only be amended, supplemented, or modified by a formal
written amendment.
(c). Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
Section 2: No General City Obligation.
(a). In no event shall any obligation of the City under this Agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of
the City or a general obligation or indebtedness of the City within the meaning of the
Constitution of the State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds.
(b). The Provider shall not have the right to compel the exercise of the ad valorem taxing
power of the City.
Section 3: General Provisions.
(a). Each party hereto represents to the other that it has undertaken all necessary
actions to execute this Agreement and that it has the legal authority to enter into this
Agreement, and to undertake all obligations imposed on it. The person(s) executing this
Agreement for the Provider certifies /certify that he /she /they is /are authorized to bind the
Provider fully to the terms of this Agreement.
(b). This Agreement is for the services as described in this Agreement and are to be
accomplished in accordance with the controlling provisions of law and as directed by the
Axis, Inc.
— Melbourne Piggyback Agreement
Page No. 2
City to include all labor and materials that may be required.
(c). The Provider acknowledges that the City may retain other contractors to provide the
same types of services for City projects. The City reserves the right to select which
contractor shall provide services for City projects.
(d). The Provider acknowledges that the City has retained, or may retain, other
contractors and the coordination between said contractors and the Provider may be
necessary from time -to -time for the successful completion of each Work Order. The
Provider agrees to provide such coordination as necessary.
(e). The Provider agrees to provide and ensure coordination between goods /services
providers.
(f). Time is of the essence of the lawful performance of the duties and obligations
contained in this Agreement to include, but not be limited to, each Work Order. The parties
covenant and agree that they shall diligently and expeditiously pursue their respective
obligations set forth in this Agreement and each Work Order.
(g). The Provider shall maintain an adequate and competent staff and professionally
qualified persons throughout the performance of this Agreement to ensure acceptable and
timely completion of each Work Order.
(h). Requirements for signing and sealing plans, reports and documents prepared by the
Provider shall be governed by the laws and regulations of Seminole County and State
regulatory agencies.
(i). No claim for services furnished by the Provider not specifically provided for herein
shall be honored by the City.
Section 4: Commencement/Implementation Schedule Of Agreement.
(a). The Provider shall commence the provision of services as described in this
Agreement immediately upon execution of this Agreement and a Work Order thereunder.
(b). The Provider and the City agree to make every effort to adhere to the schedules
established for the various Work Orders as described in each Work Order. However, if the
Provider is delayed at any time in the provision of services by any act or omission of the
City, or of any employee of the City, or by any other Provider employed by the City, or by
changes ordered by the City, or by strikes, lock outs, fire, unusual delay in transportation,
unavoidable casualties, or any other causes of force majeure not resulting from the
inactions or actions of the Provider and beyond the Provider's control which would not
reasonably be expected to occur in connection with or during performance or provision of
the services, or by delay authorized by the City pending a decision, or by any cause which
the City shall decide to justify the delay, the time of completion shall be extended for such
reasonable time as the City may decide in its sole and absolute discretion. It is further
Axis, Inc.
— Melbourne Piggyback Agreement
Page No. 3
expressly understood and agreed that the Provider shall not be entitled to any damages or
compensation, of any type or nature, or be reimbursed for any losses on account of any
delay or delays resulting from any of the aforesaid causes or any other cause whatsoever.
Section 5: Length Of Agreement.
(a). The term of this Agreement is coextensive with the term of the Melbourne
Agreement.
(b). The Provider's services shall begin upon written notification to proceed by the City
as set forth in a Work Order.
(c). The Provider's services shall be on a Work Order basis and may include matters
such as serving as an expert witness.
Section 6: Description Of Services.
(a). The Provider agrees to provide the services as outlined and described in this
Agreement all of which are to be provided to the City in accordance with the controlling
provisions of law as more specifically outlined in Exhibit "A" and Work Orders issued
hereunder.
(b). The Provider shall diligently and in a professional and timely manner perform and
provide the services outlined herein or as included in each subsequently entered Work
Order. Unless modified in writing by the parties hereto, the duties of the Provider shall not
be construed to exceed the provision of the services pertaining to this Agreement.
(c). The City and Provider agree that there may be certain additional services required
to be performed by the Provider during the performance of the Work Orders that can not
be defined sufficiently at the time of execution of this Agreement. Such services shall be
authorized in writing as a Change Order. The Work Orders may contain addititonal
instructions or provide specifications upon certain aspects of this Agreement pertinent to
the work to be undertaken. Such supplemental instructions or provisions shall not be
construed as a modification of this Agreement.
Section 7: Notices.
(a). Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the place for
giving of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this Section.
(b). For the present, the parties designate the following as the representative places for
giving of notice, to -wit:
(1). For the City:
Axis, Inc.
— Melbourne Piggyback Agreement
Page No. 4
City Manager
City of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
(2). For the Provider
Ms. Lori Foerster
Axis, Inc.
6851 TPC Drive
Orlando, Florida 32822
(c). Written notice requirements of this Agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies hereunder. The
Provider agrees not to claim any waiver by City of such notice requirements based upon
City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or
any other grounds as a substitute for the failure of the Provider to comply with the express
written notice requirements herein. Computer notification (e -mails and message boards)
shall not constitute proper written notice under the terms of the Agreement.
Section 8: Work Orders.
(a). The provision of services to be performed under this Agreement may commence
immediately upon the execution of this Agreement or a Work Order as directed and
determined by the City. Services to be provided by the Provider to the City shall be
negotiated between the Provider and the City. Each Work Order shall reference this
Agreement by title and date, include a detailed description of quantities, services, and a
completion schedule, and will be provided on Provider letterhead. Services described in
said Work Order will commence upon the issuance of a City Notice -to- Proceed.
(b). If the services required to be performed by a Work Order is clearly defined, the
Work Order shall be issued on a "Fixed Fee" basis. The Provider shall perform all services
required by the Work Order but in no event shall the Provider be paid more than the
negotiated Fixed Fee amount stated therein.
(c). The Provider and the City agree to make every effort to adhere to the schedule
established for the various Work Orders described in the Work Order.
(d). If the services are not clearly defined, the Work Order may be issued on a "Time
Basis Method" and contain a Not -to- Exceed amount. If a Not -to- Exceed amount is
provided, the Provider shall perform all work required by the Work Order; but in no event
shall the Provider be paid more than the Not -to- Exceed amount specified in the applicable
Work Order.
5
Axis, Inc.
— Melbourne Piggyback Agreement
(e). For Work Orders issued on a "Fixed Fee Basis," the Provider may invoice the
amount due based on the percentage of total Work Order services actually performed and
completed; but in no event shall the invoice amount exceed a percentage of the Fixed Fee
amount equal to a percentage of the total services actually completed.
(f). For Work Orders issued on a "Time Basis Method" with a Not -to- Exceed amount,
the Provider may invoice the amount due for actual work hours performed; but in no event
shall the invoice amount exceed a percentage of the Not -to- Exceed amount equal to a
percentage of the total services actually completed.
(g). Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not -
to- Exceed amount shall be treated separately for retainage purposes. If the City
determines that work is substantially complete and the amount retained, if any, is
considered to be in excess, the City may, at its sole and absolute discretion, release the
retainage or any portion thereof.
(h). For Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount, the Provider may invoice the amount due for services actually performed and
completed. The City shall pay the Provider one hundred percent (100 %) of the approved
amount on Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount.
Section 9: Change Orders.
(a). The City may revise the description of services set forth in any particular Work
Order.
(b). Revisions to any Work Order shall be authorized in writing by the City as a Change
Order. Each Change Order shall include a schedule of completion for the services
authorized. Change Orders shall identify this Agreement and the appropriate Work Order
number. The Change Orders may contain additional instructions or provisions specific
upon certain aspects of this Agreement pertinent to the services to be provided. Such
supplemental instructions or provisions shall not be construed as a modification of this
Agreement. An agreement between the parties on and execution of any Change Order
shall constitute a final settlement and a full accord and satisfaction of all matters relating to
the change of work and /or services and to the impact of the change on unchanged goods
and /or work including, but not limited to, all direct and indirect costs of whatever nature
and all adjustments to the Provider's schedule.
(c). If instructed by the City, the Provider shall change or revise work that has been
performed, and if such work is not required as a result of error, omission or negligence of
the Provider, the Provider may be entitled to additional compensation. The Provider
must submit for City approval a revised proposal with a revised fee quotation. Additional
compensation, if any, shall be agreed upon before commencement of any such additional
work and shall be incorporated into the work by Change Order to the Work Order.
6
Axis, Inc.
— Melbourne Piggyback Agreement
Section 10: Compensation.
(a). Compensation to the Provider for the services performed on each Work Order shall
be as set forth the Work Order /Change Order or as set forth in the Melbourne Agreement
which enumerates rates and charges of the Provider.
(b). The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc.
and other items not directly attritbutable to items produced for each Work Order.
(c). Work performed by the Provider without written approval by the City's designated
representative shall not be compensated. Any work performed by the Provider without
approval by the City is performed at the Provider's own election.
(d). In the event the City fails to provide compensation under the terms and conditions of
this Agreement, the Provider shall notify the City's designated representative in order that
the City may take remedial action.
Section 11: Invoice Process.
(a). Payments shall be made by the City to the Provider when requested as work
progresses for services furnished, but not more than once monthly. Each Work Order shall
be invoiced separately. The Provider shall render to the City, at the close of each
calendar month, an itemized invoice properly dated, describing all services rendered, the
cost of the services, the name and address of the Provider, Work Order Number, Contract
Number and all other information required by this Agreement.
(b). Invoices which are in an acceptable form to the City and without disputable items will
be processed for payment within thirty (30) days of receipt by the City.
(c). The Provider will be notified of any disputable items contained in invoices submitted
by the Provider within fifteen (15) days of receipt by the City with an explanation of the
deficiencies.
(d). The City and the Provider will make every effort to resolve all disputable items
contained in the Provider's invoices.
(e). Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, the billing period, and include the Project Status Report for the
period being billed.
(f). The Florida Prompt Payment Act shall apply when applicable.
(g). Invoices are to be forwarded directly to:
Finance Director
City Hall
Axis, Inc.
— Melbourne Piggyback Agreement
VA
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Section 12: Severability /Construction.
(a). If any term, provision or condition contained in this Agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this Agreement, or the application of
such term, provision or condition to persons or circumstances other than those in respect
of which it is invalid or unenforceable, shall not be affected thereby, and each term,
provision, and condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law when consistent with equity and the public interest.
(b). All provisions of this Agreement shall be read and applied in pari materia with all
other provisions hereof.
(c). Violation of this Agreement by the Provider is recognized by the parties to constitute
irreparable harm to the City.
Section 13: Indemnity.
(a). To the fullest extent permitted by law, the Provider shall indemnify, hold harmless,
and defend the City, its agents, servants, officers, officials, and employees, or any of them,
from and against any and all claims, damages, losses, and expenses including, but not
limited to, attorneys fees and other legal costs such as those for paralegal, investigative,
and legal support services, and the actual costs incurred for expert witness testimony
arising out of or resulting from the performance or provision of services required under this
Agreement, provided that same is caused in whole or part by the error, omission, negligent
act, failure to act, malfeasance, misfeasance, conduct, or misconduct of the Provider, its
agents, servants, officers, officials, employees, or subcontractors. The City does not waive
its right to assert consquential damages against the Provider.
(b). In accordance with Section 725.06, Florida Statutes, adequate consideration has
been provided to the Provider for this obligation, the receipt and sufficiency of which is
hereby specifically acknowledged.
(c). Nothing herein shall be deemed to affect the rights, privileges, and immunities of the
City as set forth in Section 768.28, Florida Statutes.
(d). In claims against any person or entity indemnified under this Section by an
employee of the Provider or its agents or subcontractors, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, the indemnification
obligation under this Section shall not be limited by a limitation on amount or type of
damages, compensation, or benefits payable by or for the Provider or its agents or
8
Axis, Inc.
— Melbourne Piggyback Agreement
subcontractors, under workers compensation acts, disability benefits acts, or other
employee benefit acts.
(e). The execution of this Agreement by the Provider shall obligate the Provider to
comply with the indemnification provision in this Agreement; provided, however, that the
Provider shall also comply with the provisions of this Agreement relating to insurance
coverages.
Section 14: Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same
document.
In Witness Whereof, the parties hereto have made and executed this Agreement
on the respective dates under each signature with the City acting through its City
Commission and the Provider signing by and through its duly authorized corporate officer
having the full and complete authority to execute same.
Attest:
F �
Witness
Witness
Attest:
A ianeltgherty, ity Cler
For use and reliance of the
Sanford City Commission only
A as to form and)ega)
n E. Colbert V
V owwr
4(//'7
Axis, Inc.
B Y: a � ' A ,h ge,*4
Authorized C rpor to Officer
Date
City Of Sanford
Linda Ku n, Mayor
(.-- - b
Date
Axis, Inc.
— Melbourne Piggyback Agreement
0
CITY OF MELBOURNE COUNCIL AGENDA ITEM
Consent Agenda Purchasing Division Agenda Date: March 25, 2008
Subject:
Award of Contract for Utility Billing Services
ITEM:
Re:
RFP -12- 136 -0 -2007
utilitybilling.pdf
PREVIOUS RELEVANT ACTION:
The Utility Billing Division contracts for the printing and mailing of utility bills for the City. The current
contract ends May 31, 2008, after a successful five (5) year term.
DISCUSSION:
1. Sealed proposals (RFP) were solicited for the printing and mailing of utility bills for the City of
Melbourne. Nineteen (19) pianholders downloaded documents from DemandStar and seven (7) firms
requested documents from the Purchasing office. Six (6) firms submitted proposals as listed on the
attached RFP opening sheet (Attachment A).
2. Copies of the proposals were sent to three (3) selection committee members who independently
evaluated and scored each proposal based on criteria set forth in the RFP document. The committee
determined that only one fine, Axis. Inc.. Orlando. Florida. met the criteria of being located within a 150
mile radius (driving distance) of the City of Melbourne. The selection committee therefore,
recommended award to Axis. Inc
3. Following notification of the bid recommendation, SouthWest Direct, Inc.. Fort Myers. Florida, filed a
written letter of protest (Attachment B). (Continued on next page)
BID SOLICITATIO N SUMMARY,
BID SOLICITATION 1NAIVER . =
Issue date:
1/03108
*bids issued:
25
[ ] Tiggybacle other entity City Code Sec 2 -237 (f)
Legal Ad date:
1/03/08
Pre -bid date:
[ ] Single source purchase City Code Sec 2 -237 (2)
Open date:
1/17/08
ff of bidders:
8
[ ] Emergency purchase City Code Sec 2 -248
FINANCIAL:
Funding is available in Accounts: 22000536 — 531990 - Printing
22000536 — 541 040 - Postage
RECOMMENDED ACTION:
Request City Council award a contract for printing and mailing of utility bills to Axis. Inc., Orlando. Florida,
for the unit prices shown on the attached cost analysis sheet, for an estimated annual cast of 584.679 for
printing of utility bills and $209,664 for postage.
CONTRACT TERM:
June 1, 2008 thru May 31, 2010, with an option to renew for one (1) three (3) year term.
Purchasirip Manage Date
Department Director Date
Direct r of Finance Date
City i ed/Approved Date
31,3/o8
3 y7 d 6?
/` V
CITY OF MELBOURNE COUNCIL AGENDA ITEM [CONTINUED]
Purchasing Division Agenda Date: March 25, 2008
SUBJECT: Award of Contract for Utility Billing Services ITEM:
Re: RFP -12 -136-0-2007 utilitybilling.pdf
DISCUSSION (Continued from Pagel)
4. The award process was abated and the item was pulled from the February 12, 2008, Council agenda. A
Protest Review Board was convened at 2:00 p.m., February 14, 2008, in the City Council Chambers.
SouthWest Direct. Inc. representatives presented the following protest points:
a. SouthWest Direct. Inc.. is located within a 150 mile " circular radius" of the City of Melbourne.
b. The proposal submitted by SouthWest Direct. Inc. should be evaluated by the Selection
Committee as they meet all of the criteria of the RFP.
The Protest Review Board concluded that SouthWest Direct. Inc. is located within a 150 mile "circular
radius" of the City of Melbourne and that their proposal should be evaluated by the Selection
Committee and site visits should be made of both facilities (Attachment C).
5. The Selection Committee re- convened at 2:00 p.m., February 26, 2008 to evaluate the proposals of
Axis. Inc., and SouthWest Direct, Inc. The three (3) Selection Committee members independently
evaluated and scored each proposal based on criteria set forth in the RFP document. The individual
scores were combined for an overall proposal ranking (Attachment D). The Selection Committee
then conducted site visits to both Axis and SouthWest Direct
6. Following the site visits, the Selection Committee recommends award (Attachment E) to the overall
highest ranked vendor, Axis, Inc.. Orlando. Florida for the unit prices shown on the attached cost
analysis sheet (Attachment F), which was prepared upon initial receipt of proposals. The estimated
annual cost for printing of approximately 672,000 utility bills is $84.679 Postage cost (which is a
discounted USPS rate) is approximately $209,664 annually.
City of Melbourne
Utility Billing Services
RFP -12 -136 -0 -2007
January 17, 2008 3:00 p.m.
Vendor
Location
Copies Included
Arista Information Services, Inc.
Duluth, GA
Yes
Axis, Inc.
Orlando, FL
Yes
Data rose, Inc.
Irving, TX
Yes
Southwest Direct, Inc.
Ft. Myers, FL
Yes
SunGard
Birmingham, AL
Yes
Wachovia Bank
Jacksonville, FL
Yes
Attachment A
SouthWest Direct, Inc.
2129 Andrea Lane
Fort Myers, Florida 33912
AMERIC DIRECT
February, V 2008
The City of Melbourne
Attn: Gary Barber
Purchasing Division
900 E. Strawbridge Ave
Melbourne, FL 32901
Toll Free 800.968.5798
239.768.9588 • Fax 239.768.0408
www.swdirect.com
MAIL SPECIALISTS
Southwest Direct, Inc.
2129 Andrea Lane
Fort Myers, FL 33912
RE: RFP 12- 136 - 0-2007 Utility Billing Services
Dear Mr. Barber:
Thank you for the opportunity to respond to the bid recommendation for RFP 12- 136 - 0-2007 for Utility
Billing Services. This letter is a formal protest of being deemed a non - responsive bidder.
On page 6 of you RFP, Section 1A, it states that the City of Melbourne Finance Department is seeking
proposals from qualified firms bated within a 1S0 mile radius to print and mail utility bills for the City.
Southwest Direct meets the criteria. Southwest Direct is located well within the specified 150 mile
radius, in addition to being the lowest responsive bidder.
In the Memo dated January 20, 2008 from Wayne Rosser to Dave McCue, it states "Advanced
Xerographics Imaging Systems, Inc (AXIS) was the only responsive, responsible vendor located within a
150 mile radius to the City." This is factually incorrect
Southwest Direct was incorrectly classified as a non - responsive bidder. Not only were we responsive,
we were the lowest responsive bidder by approximately $24,000 over the life of the contract The fad is
this: the distance between our production facility, located at 2129 Andrea Lane Fort Myers, FL 33912
and the City of Melbourne, located at 900 E Strawbridge Ave, Melbourne, FL 32901 is no more than
137 miles. Google Earth's distance measurement tool supports this. As well as the Melissa Data Zip
Code Measurement tool. The methodology you described to me on the phone of using Mapquest
Driving Directions is not accurate. Mapquest and other similar tools measure over the road driving
distances, and not a direct line. A radius is a direct line. The fad that we are: (1) the lowest responsive
bidder and (2) within the 150 mile requirement entitles us to relief.
The relief we seek is the award of the bid to Southwest Direct Inc, based on the guidelines set forth in
the original RFP. We seek a reversal of the committee recommendation, based on the evidence
provided. We appreciate your attention in this matter and look forward to hearing from you.
Sincerely,
Ma� Brian Lu en
VP Business Development Account Executive
Attachment B
MEMO Financial Services Department
Purchasing Division
*r- -
CITY OF MELBOURNE
Date:
February 15, 2008
To:
Jack M. Schluckebier, City Manager
W��
Thru:
Michele Ennis, Director of Finance
David McCue, Purchasing Manager I!^
From:
Gary Barber, Sr. Contract Administratot
Subject:
BID PROTEST REVIEW BOARD RECOMMENDATION
Re: RFP -12- 136 -0 -2007
Utility Billing Services
The Purchasing Division received a written letter, dated February 1, 2008, from Mr.
Marry Bielecki, SouthWest Direct, Inc., Fort Myers, Florida, protesting the award
recommendation of the above referenced RFP. In accordance with the requirements of
the City's RFP protest procedure, the RFP award process was abated, pending resolution
by a convened protest review board.
Background
Requests for Proposal (RFP) were solicited for a contract for utility billing services to be
utilized by the Utility Billing and Collection division. Six (6) proposals were received
and copies were forwarded to selection committee members for their evaluation and
recommendation. The selection committee recommended award to Advanced
Xeroaraohics Imaging Systems Inc. (AXIS). Orlando, Florida, as the only
responsive, responsible vendor located within the 150 mile radius required by the RFP
specifications. After notification of the award recommendation to AXIS, SouthWest
Direct, Inc Fort Myers. Florida filed a written protest with the City stating that
SouthWest Direct, Inc., is located within a 150 mile radius of the City of Melbourne, that
they had the lowest pricing, and should be awarded the contract.
Discussion
A Protest Review Board meeting was convened at 2:00 p.m., February 14, 2008, in the
City Council Chambers. SouthWest Direct, Inc., was represented by Mr. Marty
Bielecki, Vice President of Business Development and Mr. Brian Ludden, Account
Executive. The SouthWest Direct representatives presented the following points:
Attachment C
(1) SouthWest Direct. Inc. is located within a 150 mile radius of the City of
Melbourne.
(2) The proposal submitted by SouthWest Direct. Inc. should be evaluated by
the selection committ ee as they meet all of the criteria of the RFP.
City staff had the following comments:
(1) The Protest Review Board could not direct that the contract be awarded to
SouthWest Direct, Inc. If the Review Board found in favor of SouthWest
Direct. Inc., the Board could only direct the Selection Committee to
consider their proposal. This was understood and agreed to by the
SouthWest Direct, Inc. representatives.
(2) The Review Board requested clarification of one point in the pricing
structure of the proposal submitted by SouthWest Direct. Inc.
Conclusion
The Protest Review Board concluded that the proposal submitted by SouthWest Direct.
Inc., should be evaluated by the Selection Committee; the evaluation process should start
anew with both AXIS and SouthWest Direct. Inc and that the Selection Committee
should conduct a site visit of both firms to determine their capabilities of fulfilling the
requirements of the contract.
Recommendation
The Protest Review Board recommends that the Evaluation Committee re- convene and
evaluate the proposals of Advanced Xero&Mphics Imaging Systems, Inc. and SouthWest
Direct Inc. and conduct site visits to both firms /
Approved / Denied
Z / . ,rJ CL
ack M. Schluckebier (Date)
Attachments:
Letter from SouthWest Direct, Inc.
Bid Protest Procedure
Bid Protest Fact Sheet
List of attendees at Review Board meeting
Attachment C
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MEMO
TO: DAVE MCCUE, PURCHASING MANAGER
VIA: MICHELE M. ENNIS, DIRECTOR OF FINANCE Tr
FROM: WAYNE ROSSER, FINANCIAL SYSTEMS ADMINISTRATOR 'Jj
DATE: MARCH 10, 2008 08F — 01057
SUBJECT: UTILITY BILLING SERVICE RFP #12 -136 -0 -2007
The City of Melbourne Finance department received proposals from the following firms
regarding the Utility Billing Service RFP #12- 136 -0-2007. They are: Advanced
Xerographics Imaging Systems, Inc. (Axis) Orlando, Florida; Arista Information Systems
Duluth, Georgia; DataProse, Inc. Irving, Texas; Southwest Direct, Ft. Myers, Florida;
Sungard EXP Birmingham, Alabama; and Wachovia Bank, N.A. Jacksonville, Florida.
Four of the above firms were non - responsive because they were located farther than a
150 mile radius from the City of Melbourne.
Advanced Xerographics Imaging Systems, Inc. (A)(IS) and SouthWest Direct were the
only responsive, responsible vendors located within a 150 mile radius to the City. The
Utility Billing Service Committee ranked Advanced Xerographics Imaging Systems, Inc.
first with the weighted score of 13.80 out of 15.00 and SouthWest Direct was ranked
second with a weighted score of 11.75 out of 15.00. Site visits were performed for both
SouthWest Direct in Fort Myers and Advanced Xerographics Imaging Systems, Inc. in
Orlando. The site visit confirmed the committee's initial ranking, therefore, the Utility
Billing Service Committee selected Advanced Xerographics Imaging Systems, Inc.
(A)(IS) located in Orlando, Florida for the above request for proposal. AXIS has been
the City of Melbourne's utility bill printer since June 2003 and has provided excellent
service during the current five -year contract period.
The estimated annual bill printing cost will be $84,679 for approximately 672,000 utility
bills, reflecting a 1% decrease in the unit price over the current contract price. The
estimated annual postal cost will be $209,664.
Recommendation
Recommend award by City Council for two (2) years beginning June 1, 2008 through
May 31, 2010 with Advanced Xerographics Imaging Systems, Inc. of Orlando, Florida
for Utility Billing services, with a three (3) year renewal option.
Attachment
WR/sef
Cc: John Nadolny, Manager of Information Technology
Ingrid Gaskin- Friar, Customer Service Manager
Utility Billing file
Attachment E
CITY OF MELBOURNE, FLORIDA
SUMMARY OF MINUTES — REGULAR CITY COUNCIL MEETING
MARCH 25, 2008
NEW BUSINESS
10. COUNCIL ACTION RE: Contract award for Reuse Distribution Improvements at various
locations on the west end of NASA Boulevard, Project No. 31707, Premier Grounds
Management, Inc., Cocoa Beach, FL - $78,038.50.
Approved.
11. CONSENT AGENDA:
Items "g" and "j" were pulled from the consent agenda. The remainder of the consent
agenda was approved as recommended.
a. a. Approval of a blanket purchase of gasoline and diesel fuel, Glover Oil
Company, Melbourne, FL - $594,016; Mansfield Oil Company, Gainesville, FL -
$301,449; and Petroleum Traders Corporation, Fort Wayne, IN - $524,255; estimated
six -month cost of $1,419,720.
b. Contract award for printing and mailing of utility bills, Axis, Inc., Orlando, FL - at per
unit prices, estimated annual cost of $84,679; and postage - $209,664.
C. Contract award for rental of 10 vehicles for six months for use by Police Department
Special Operations Unit, Enterprise Rent -A -Car, Orlando, FL - $870 /month per
vehicle, total cost of $52,200.
d. Renewal of annual contract to convert standard water meters at increased price,
Badger Meter, Inc., Milwaukee, WI - $26,553.49 increase; total estimated annual
contract - $690,146.13.
e. Contract award for rental of work uniforms, Unifirst Corporation, Orlando, FL - at per
unit prices, estimated annual cost $53,335.
f. Lien Rescission CE -06 -119: Approval of a request for a lien reduction from $16,900
to $0. (Donald M. Waltrip - 2814 S. Harbor City Boulevard)
g. Lien Rescission CE -07 -041: Approval of request for a lien reduction from $4,200 to
$2,200 if paid within 60 days. (Charles B. Robertson - 2902 Stetson Street)
h. Lien Rescission CE -07 -080: Approval of request for a lien reduction from $22,500 to
$0. (HSBC Bank USA NA, Trustee /Joan Willis, Realtor /Lynn Brockwell- Carey,
Brevard Neighborhood Development Coalition - 1975 Kennedy Street A -C)
i. Resolution No. 2089: A resolution authorizing the City Manager to execute a
Transportation Impact Fee Credit Agreement for Veranda Place between the City of
Melbourne and Veranda Place Development Corporation in the amount of
$716,189.98 to be reimbursed from Transportation Impact Fees that will be collected
Page 3 of 6
City of Melbourne
AMENDMENT 2 TO AGREEMENT
Utility Billing Services
CONTRACT NO. (12- 136 -0 -2007)
This Amendment to the Agreement for Utility Billing Services is made and entered into
as of March 12, 2010, between the City of Melbourne and Advanced Xerographics
Imaging Systems (AXIS), Inc., 6851 TPC Drive, Orlando, Florida, 32822.
The Agreement, entered into on March 26, 2008, and amended on June 24, 2008, is
hereby amended to renew the agreement for an additional thirty -six (36) month period, at
the same rate(s), by mutual agreement of both parties, through May 31, 2013.
The parties hereto duly execute this Amendment to become effective as of June 1, 2010.
CITY OF MELBOURNE
900 East Strawbridge Avenue
Melbourne, Florida 32901
David N. McCue, Purchasing Manager
P tA., � -31IL -0.o
(Signature) (Date)
Advanced Xerographics Imaging
Systems, Inc. (AXIS)
By: & — L .
(Name/Title
(2=A� V
3 /
(Signature) (Date)
Distribution:
Department/Division File
Purchasing File
Advanced Xerographics Imaging Systems, Inc.
CITY OF MELBOURNE
AMENDMENT TO SERVICE AGREEMENT #1
CONTRACT NO. (12 -136 -0 -2007)
The CUSTOMER agrees to the following changes and charges described in the original CUSTOMER
SERVICE AGREEMENT dated March 26, 2008.
1. All assumptions from the original agreement remain the same except for the following item(s).
2. AXIS will be responsible for initial development, implementation, online payment, online presentment,
IVR payment, daily financial reconciliation and customer support.
3. AXIS agrees to reduce the standard $900 monthly minimum Webbox fee to $400 for the first three (3)
months of service, timeline to be determined.
4. AXIS will bill the applicable fees indicated in the following price table on a monthly basis for Online
and IVR Utility Payment Services. The "per transaction flat fee" will be multiplied by the number of
customer payment transactions processed on a monthly basis. City of Melbourne Utility Customer's
will be responsible for the per transaction flat fee below.
Pa' mend
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5. AXIS will charge the following rates for #9 envelopes based on the size of the CUSTOMER's cycle
size.
1 -3,000 utility notices = $.02468 /envelope
3,001 -9,000 utility notices = $.02303 /envelope
9,001- 15,000 utility notices = $.01948 /envelope
6851 TPC Drive A Orlando, Florida 32822 -5141 A Phone: (407)351.0232 Fax:
(407)363.4586
Advanced Xerographics Imaging Systems, Inn.
6. AXIS will charge the following rates based on the size of the CUSTOMER'S cycle size:
1 -3,000 utility notices = $.I9637 /notice
3,001 -9,000 utility notices = $.15580 /notice
9,001 - 11,000 utility notices = $.10653 /notice
11,001- 15,000 utility notices = $.10485 /notice
7. AXIS does maintain a minimum shop charge of $300 for this project. This charge is not in addition to
the above price. It simply means that if the total project is less than this amount, AXIS will charge this
flat rate to cover fixed costs
The PARTIES agree to be bound by the terms and conditions documented in the original Customer Service
Agreement.
SIGNATURES:
City of MelbouA ie
By: L
Title:
Date:
AXIS, Inc.
Title: Senior Account Manager
Date: June 24. 2008
6851 TPC Drive A Orlando, Florida 32822 -5141 A Phone: (407)351.0232 Fax:
(407)363.4586
City of Melbourne
SERVICE AGREEMENT (12 -136 -0 -2007)
Utility Billing Services
Award Date: Approved by Melbourne City Council on March 25, 2008
THIS Agreement is entered into this 26th day of March. 2008 for the period June 1. 2008
throu May 31. 2010 by and between the City of Melbourne, Florida, hereinafter
referred to as the City; and Advanced Xerogrghics Imaging Systems (AXIS). Inc.:6851
TPC Drive. Orlando. Florida. 32822. hereinafter referred to as the Contractor.
NOW THEREFORE, the Parties do mutually agree that:
1. Scope of Service: Contractor shall furnish all labor, materials, equipment,
facilities, and services to provide CASS certification, laser printing, and mailing
services to the City of Melbourne, in accordance with General Processing
Assumptions for the prices listed below:
Item
Description
Unit
Unit Cost
A.
Non- recurring fees
A -1
Initial development, data programming,
Sum
$ 0.00
data layout, form design, and envelope design
A -2
Additional customer requested data
programming or set -up charges
per/hr
$ 75.00
B.
Statement Materials /Processing Charges
B -1
First Page
Each
$.02200
B -2
Postal Optimization
Each
$.03903
B -3
Uncoated, 8.5" x 11" Paper Stock with
Each
$.02322
City logo (24 lb)
B -4
410 Single Window Mailing Envelope
Each
$.02228
with City logo (24 lb)
B -5
;#9 Single Window Remittance Envelope
Each
$.01948
(24 lb)
Total Materials /Processing Cost
Each
5.12601
C.
Optional Charges
C -1
Additional pages for inserts
Each
$.01000
C -2
Variable highlight laser printing
Each
$.00500
C -3
CD/DVD Archival
Each
$.01500
2. Performance: Performance under this Agreement shall be in accordance with the
Contractors RFP response, dated January 17, 2008, and General Processing
Assumptions as detailed below:
A. Contractor shall handle the laser printing and mailing of the City's utility
bills. The volume is approximately 57.000 per month.
B. Contractor will receive data for the utility bills from the City four (4)
times per month. The City will supply a monthly schedule one week
prior to the beginning of the first billing cycle of each month. The City
reserves the right to change the billing date and/or the number of billing
cycles, as necessary.
C. Contractor will receive data via ASCII file in zip file format transmitted
via FTP transmission. A record layout will be supplied by the City. All
data will be supplied in separate fields and the City shall compress the file
using compression software.
D. Contractor shall simplex (one side) laser print the data on 1/1 color pre-
printed 8.5" x 11 ", 24# bond white paper. The paper shall have a
horizontal perforation and shall be `long- grain ". The Contractor shall
provide the paper.
E. Contractor shall fold and insert the utility bill(s) into a #10 white, single
window envelope. The Contractor shall insert a 99 white courtesy reply
envelope (CRE) for utility bills requiring a mailed remittance. Utility bills
that are designed for ACH payments will not require the #9 CRE. Both the
410 and 49 envelope will be pre - printed on the front in blue ink and shall
be supplied by the Contractor.
Contractor shall set up the Utility Bill form and program to include scan
lines for multiple page matching (intelligent inserting). The City will
provide the matching criteria for the multiple page programming.
G. , There may be periodic requests for inserts to be mailed with the utility
bills. The City shall supply the inserts to the Contractor at least one week
prior to the mailing. The City will provide clear instructions with the insert
detailing which print run (cycle) requires the insert. All inserts supplied
must be within the specifications supplied by the Contractor to meet the
machine requirements for automated inserting.
H. Contractor is required to perform special programming on the data that the
City supplies. Some of the programming that is required is:
(1) Process the files for CASS certification (delivery point barcode).
(2) Contractor creation of a "keyline" that will appear above the name
and address block for quality control purposes.
(3) Three (3) of nine (9) barcode for return payment processing (if
applicable).
(4) Special messages to be printed on the notice for each cycle (if
applicable).
Contractor shall supply all printouts to the postal service to document the
postage discounts where applicable (e.g. zip distribution reports, CASS
certifications, and pre -sort summary reports).
The City will pre -pay one month of estimated postage to the Contractor
prior to the first of each month and Contractor shall provide a postage
report to the City for each billing run.
K. Each job will be sorted and bundled to the lowest qualifying First Class
rate for postal discounts (LISPS CASS certified). NCOA and "MOVE
UPDATE" requirements are the responsibility of the City.
L. Contractor will develop operation documents for printing as well as
inserting and mailing; define procedures for quality control; and develop
all the automated controls that will be necessary to accurately process the
data files when they are received by the Contractor.
M. Any "no- mail" notices, accounts with "bad" addresses or unused inserts
will be delivered back to the City at no extra charge.
Payment: Blanket purchase orders will be issued by the using departments/
divisions for specific periods of time to cover invoices for contract service
performed for the City of Melbourne. The Contractor shall be paid within forty -
five (45) calendar days after receipt of an itemized invoice from the Contractor
and acceptance of the service /work by the City, less any deductions or
assessments.
Renewal of Agreement: The Agreement may be renewed for one (1) additional
Three (3) year period, at the same rate(s), by mutual agreement of both
Parties.
5. Terms and Conditions:
A. Delivery and Acceptance
Receipt of services /supplies shall not constitute acceptance. Final
acceptance and authorization of payment shall be given only after
thorough inspection indicates that the services /supplies delivered meet the
specifications, terms and conditions. Should the services /supplies differ in
any respect from the specifications, payment will be withheld until such
time as the Contractor takes necessary corrective action. If the proposed
corrective action is not acceptable to the City or the Contractor, final
acceptance of the services /supplies may be refused, in which case the City
shall not be liable for payment. Itemized invoices must be submitted for
each bill run to Accounts Payable. The City must approve all invoices
prior to payment.
Time is of the essence in this contract, and failure to deliver as specified
within the time period required shall be considered a default. In the case of
default, the City may procure the services /supplies from other sources and
hold the Contractor responsible for all costs occasioned thereby and may
immediately cancel the agreement.
B. Non - Appropriation of Funds
In the event sufficient budget funds are not available for anew fiscal
period, the City shall notify the Contractor of such occurrence and the
contract shall terminate on the last day of the current fiscal period,
without any penalty or expense to the City of any kind whatsoever.
C. Indemnification
As respects acts, errors, or omissions in the performance of professional
service, the Contractor agrees to pay on behalf of and hold harmless,
indemnify, and defend the City of Melbourne, its officers, elected officials
and employees from and against any and all claims, action, loss, demands
defense costs, liability or consequential damages of any kind or nature
(including, but not by way of limitation, attorney's fees, and court costs)
arising out of, or incidental to, the performance of the contract to be
executed or service performed thereunder.
D Assignment
The Contractor, his/her assigns or representative, shall not enter into any
agreements with third parties to delegate any or all of the responsibilities
or rights herein set forth without prior written approval of the City.
E. Independent Contractor
The Contractor shall perform the conditions of this Agreement as an
independent contractor and nothing contained herein shall be construed to
be inconsistent with this relationship of status. Nothing in this Agreement
shall be, in any way, construed to constitute the Contractor or any of his/
her agents or his/her employees as the agent, employee or representative
of the City.
F. Insurance
The Contractor agrees to furnish a certificate of insurance naming the City
of Melbourne as an additional insured with General Liability of
$1,000,000 combined single limit per occurrence for bodily injury,
personal injury, and property damage; Professional Liability with
$1,000,000 combined single limit per occurrence; Automobile Liability
$1,000,000 combined single limit per accident for bodily injury and
property damage; and Workers' Compensation and Employers Liability
limits of $1,000,000 per accident.
G. Termination for Convenience
The performance of service under this contract may be terminated by the
City in whole or in part whenever the City determines that termination is
in the City's best interest. Any such termination shall be effected by the
delivery to the Contractor of a written notice of termination at least fifteen
(15) days before the date of termination.
H. Termination for Default
The City shall have the right to terminate this Agreement if the City
determines that the Contractor has not satisfactorily performed the
service /work required, as determined by the City. In the event the City
decides to terminate the Agreement for failure to perform satisfactorily,
the City shall give the Contractor at least fifteen (15) days written notice
before the termination takes effect. The fifteen day period will begin upon
the mailing of notice by the City.
WITNESS these signatures:
CITY OF MELBOURNE
900 East Strawbridge Avenue
Melbourne, Florida 32901
,4zk,",
AJack. Schluckebier, Ph.D. (Date)
City Manager MAR 3 1 2008
Attest: (Seal)
a.L
Cathy Wysor, City Clerk
Distribution:
Advanced Xerographics Imaging Systems, Inc
(AXIS)
6851 TPC Drive
Orlan Florida 32822
A it t4 , h W , I ke s be
Name /title of authorized representative
at�X&, Y
(Signature) (Date)
Attest or Witness:
By:
Department/Division
Purchasing