Fresno City Council
June 23, 2022

RFP 04-2021

PAGE 1

REQUEST FOR PROPOSALS
FOR

REQUIREMENTS CONTRACT FOR CITYWIDE COPIER LEASE PROGRAM PROPOSAL NUMBER: 9592
PROPOSAL SUBMISSION DEADLINE:(Prior to 3:00 p.m., September 28, 2021) PROPOSAL CONTACT: Panhia Moua

PURCHASING UNIT
Email: Panhia [email protected]
Phone: (559) 621-1153 OR 621-1332

RFP 04-2021

PAGE 2

CITY OF FRESNO

PROPOSAL SPECIFICATIONS

REQUEST FOR PROPOSALS

CITYWIDE COPIER LEASE PROGRAM
Table of Contents
I - INTRODUCTION ................................................................................................................................................... 3 NOTICE INVITING PROPOSALS ....................................................................................................................................... 4 INSTRUCTIONS TO PROPOSERS ...................................................................................................................................... 6 Submittal of Proposal ................................................................................................................................................ 6 ACH Payment Initiative -Electronic Payment ............................................................................................................ 7 ADA ........................................................................................................................................................................... 7 Public Records ........................................................................................................................................................... 7 Selection Process and Evaluation Criteria ................................................................................................................. 7 Time to Award ........................................................................................................................................................... 8 Contract Documents ................................................................................................................................................. 8 Questions, Clarifications, and Concerns .................................................................................................................... 8 Contacts with City Staff ............................................................................................................................................. 9 Regulated Communications in City Procurement Process Ordinance ....................................................................... 9 Notification of Staff Determination .......................................................................................................................... 9 Debarment ................................................................................................................................................................ 9 Outreach to Small Business Enterprises in Subcontracting ..................................................................................... 10 II - PROPOSAL AND CONTRACT DOCUMENTS ......................................................................................................... 11 CHECK LIST ................................................................................................................................................................... 12 COST PROPOSAL ........................................................................................................................................................... 13 PROPOSER QUALIFICATION QUESTIONNAIRE .............................................................................................................. 14 ADDITIONAL INFORMATION TO BE PROVIDED BY PROPOSER ..................................................................................... 16 REFERENCES ................................................................................................................................................................. 17 STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION ........................................................................................... 18 NONCOLLUSION DECLARATION ................................................................................................................................... 19 ADDENDA ..................................................................................................................................................................... 20 PROPOSAL DEPOSIT ..................................................................................................................................................... 21 SIGNATURE PAGE ......................................................................................................................................................... 23 SAMPLE CERTIFICATION ............................................................................................................................................... 25 SAMPLE SERVICE CONTRACT ....................................................................................................................................... 26 III - GENERAL CONDITIONS ..................................................................................................................................... 28 MINIMUM LIMITS OF INSURANCE ...................................................................................................................... 31 IV – SPECIAL CONDITIONS ...................................................................................................................................... 37 V - SCOPE OF WORK ............................................................................................................................................... 39

RFP 04-2021

PAGE 3

I - INTRODUCTION
- Notice Inviting Proposals
- Instructions to Proposers
RFP 04-2021

PAGE 4

NOTICE INVITING PROPOSALS
Electronic Proposals will be received by the office of the Purchasing Manager of the City of Fresno, all in accordance with the Specifications for:

REQUIREMENTS CONTRACT FOR CITYWIDE COPIER LEASE PROGRAM REQUEST FOR PROPOSALS NO. 9592

The City of Fresno is soliciting proposals to provide, maintain, service, and support copier/ multifunctional devices (MFDS) for all City Divisions as well as production quality copiers with a variety of finishing capabilities for the Central Printing Divi sion. The ideal service provider will have proven capabilities to provide a comprehensive program for minimizing interruptions in service and convenience of administration with billing reports and cost allocation. In addition , the service provider will i nclude a proposal for network and print management program. The service provider will also provide their d ocument imaging solution. This request is for a five (5) year Contract with four (4) possible one (1) year extensions.

The RFP forms, Instructions to Proposers, copies of plans and/or specifications may be obtained from the Office of the Purchasing Manager (phone 559 621 -1332) via the City’s web site: http://www.fresno.gov, Doing Business (at the top of the screen), Bid Opportunities.

Proposals may be submitted electronically via Planet Bids only.

Proposals are to be submitted electronically using Planet Bids prior to the opening at 3 p.m. on Tuesday, September 28, 2021, at which time they will be publicly opened and recorded. Join the bid opening meeting at https://zoom.us/j/92047244398 or call (669) 900-9128, meeting ID 920 4724 4398.

All proposals must be made on the proposal forms provided by the Purchasing Manager and must be accompanied by a deposit in the amount of five thousand dollars ($5,000) in the form of a Cashier 's or Certified Check, an irrevocable letter of credit, a certificate of deposit, or a bidder 's bond of a corporate surety, authorized by the California Insurance Commissioner to do business in the State of California, payable and acceptable to the City of Fresno. All deposits will be held until a Contract has been executed with the successful Proposer or all proposals have been rejected. Copies of Proposal Deposits may be submitted electronically, with the exception of a certified or cashier’s check, which must be brought to the Purchasing Manager’s office prior to the bid opening and labeled accordingly with proposal number.

The City of Fresno hereby notifies all Proposers that no person shall be excluded from participation in, denied any benefits of, or otherwise discriminated against in connection with the award and performance of any contract on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation or on any other basis prohibited by law.

A proposal conference will be held at 10:00 a.m. on September 17, 2021. Join the meeting by going to https://zoom.us/j/8564094329 or call (669) 900-9128, meeting ID 856 409 4329.

RFP 04-2021

PAGE 5

Prospective Proposers are encouraged to attend since City Staff will be present to answer any questions regarding the Specifications.

Services of an interpreter and additional accommodations can be made available. Requests for accommodations should be made at least five working days but no later than 48 hours prior to the scheduled meeting/event. Please contact the Buyer listed on the cover at 5 59- 621-1332 or [email protected].

The City of Fresno reserves the right to reject any and all proposals.

RFP 04-2021

PAGE 6

INSTRUCTIONS TO PROPOSERS

REQUIREMENTS CONTRACT FOR CITYWIDE COPIER LEASE PROGRAM REQUEST FOR PROPOSALS NO. 9592

1. No proposal will be considered for award unless it is submitted on the proposal forms furnished by the Purchasing Manager, completely filled out, properly signed by the Proposer and filed electronically via Planet Bids on or before the date and time specified in the Notice Inviting Proposals.

The time clock in the Purchasing Unit will be the official clock for documenting the time of filing.

2. No proposal will be considered for award unless the Proposer has complied with the following:

Proposers must submit a deposit in the amount of five thousand dollars ($ 5,000) with their proposal in the form of a Certified or Cashier 's Check, an irrevocable letter of cr edit, a certificate of deposit, or a bidder's bond of a corporate surety, authorized by the California Insurance Commissioner to do business in the State of California, payable and acceptable to the City of Fresno. Such deposit shall be retained by the City of Fresno as a guarantee that the Proposer, if awarded all or part of the proposal, will, within fifteen (15) calendar days (except in the event federal funding is applicable to this Contract, then 10 working days) from the date the Notice of Award is mailed to the Proposer, execute and return a Contract furnished by the City. All deposits will be returned when the Contract(s) has been executed for all items awarded, or if all proposals are rejected. Copies of Bid D eposits may be submitted electronically, with the exception of a certified or cashier’s check, which must be brought to the Purchasing Manager’s office prior to the bid opening and labeled accordingly with proposal number.

3. The City will award a Contract or reject any or all proposals within the time stated in the Specifications, and no proposal may be withdrawn within that period of time. Any award of a Contract exceeding $50,000, shall be subject to the approval of the City Council.

4. The City reserves the right to reject any and all proposals.

Submittal of Proposal

5. Each Proposer shall carefully examine each and every term of this Request for Proposal s; and each Proposer shall judge all the circumstances and conditions affecting its proposal. Failure on the part of any Proposer to make such examination and to investigate thoroughly shall not be grounds for any declaration that the Proposer did not understand the conditions of this Request for Proposals.

6. The Proposer shall comply with any and all federal, state, or local laws, now in effect or hereafter promulgated, which apply to the services and products herein specified.

7. This solicitation for proposals does not commit the City of Fresno to enter into a Contract or to pay any costs incurred in the preparation of responses to the request. The City of Fresno reserves the right to accept or reject any proposals, and to negotiate with any qualified source, or to cancel in part or in its entirety this Request for Proposals. It may accept the proposal that it considers to be in the interest of the City of Fresno, with or without negotiation.

8. The City reserves the right to waive any i nformality or minor irregularity when it is in the best interest of the City to do so, to negotiate for the modification of any proposal with mutual consent of the Proposer, to re-advertise for proposals if desired, and to accept the proposal which in the judgment of the City, even though it does not offer the lowest cost, is nevertheless deemed to offer the best value for the public and City. Any proposal which is incomplete, conditional, obscure, or which contains irregularities of any kind, may be cause for rejection.

RFP 04-2021

PAGE 7

ACH Payment Initiative -Electronic Payment
Proposer shall provide complete and accurate billing invoices in order to receive payment. Billing invoices submitted must contain all information and supporting documentation required by the contract. Payment for invoices submitted by the proposer shall only be rendered electronically unless payment by paper check is expressly authorized by the Controller, in the Controller’s sole discretion, due to extenuating circumstances. Such electronic payment shall be made in accordance with ordinary City procedures and practices. The proposer shall comply with the Controller’s procedures to authorize electronic payments. Proposer acknowledges that it will not receive payment on any invoices submitted under this Contract if it does not comply with the Controller’s electronic payment procedures, except where the Controller has expressly authorized payment by paper check as set forth above.

ADA
Accessibility Requirements: Supplier warrants that it complies with California and federal disabilities laws and regulations; and the Services will conform to the accessibility requirements of WCAG

2.0AA. Supplier agrees to promptly respond to and resolve any complaint regarding accessibility of its Services. The City may require Proposer to comply with these accessibility requirements if they are awarded a contract.

Public Records

9. The proposals received shall become the property of the City of Fresno and are subject to public disclosure. Those parts of a proposal which are defined by the Proposer as business or trade secrets as that term is defined in California Civil Code, Section 3426.1, and are reasonably marked " Trade Secrets", "Confidential", or "Proprietary", and placed in a separate envelope shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may not be considered for award . Proposals, excluding confidential information, will be available for review after posting of staff recommendation.

Selection Process and Evaluation Criteria

10. Proposal Evaluation
The Selection Committee will review and evaluate all proposals after formal receipt. To receive proper consideration, the proposal must meet the requirement s of these Specifications. The evaluation process will provide credit only for those capabilities and advantages which are clearly stated in the Proposer's written proposals. In other words, advantages which are not stated will not be considered in the evaluation process.

Proposers whose proposals include a failure to comply with or take exception to these Specifications may not be considered for award and dropped from the evaluation process.

The Selection Committee will evaluate the proposals on the following criteria:
a. Cost as shown on the proposal form.
b. Ability to meet the stated service requirements.
c. Past Performance and Experience based on References and experience shown on "Statement of Qualifications and Experience."
RFP 04-2021

PAGE 8

d. Conformance to the terms and conditions of the RFP.
e. Financial Stability based on information provided in the Statement of Qualifications. f. Other related information.

The City reserves the right to accept or reject any or all proposals and may select, and negotiate with one or more Proposers concurrently, and enter into a Contract with such Proposer who is determined, by the City, to provide the services which are in th e interest of the City. The City may agree to such terms and conditions as it may determine to be in its interest.

11. The Selection Committee reserves the right to request additional information from Proposers, to negotiate terms and conditions of the Co ntract, to visit sites, to request demonstrations or oral presentations, or ask Proposers to appear before the Selection Committee to clarify points of their proposal.

12. Selection will be based on qualitative analysis and cost. Any award shall be on the basis of the criteria specified and made to the Proposer whose proposal is judged as providing the best value in meeting the interest of the City and the objectives of the project, in the City’s sole discretion.

13. The City reserves the right to make the selection of a Proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the Proposer to perform the services set forth herein.

Time to Award

14. The Proposer agrees that the City may have ONE HUNDRED TWENTY 120 DAYS to accept or reject proposals. It is further understood that, if the Proposer to whom any award is made fails to enter into a Contract as provided in the Specifications, award may be made to another Proposer, who shall be bound to perform as if she/he had received the award in the first instance.

Contract Documents

15. The proposer shall submit the required contract documents in a form acceptable to the Purchasing Unit 2600 Fresno St. Room 2156 – Fresno, CA 93721 within 15 calendar days (except in the event in the event federal funding is applicable to this Contract, then 10 working days) from the Notice of Award of proposal. Failure to provide said documents within the designated period shall be sufficient cause to award to the next proposer offering the next best value to the City.

Questions, Clarifications, and Concerns

16. The Specifications describing this project have been carefully prepared. Any questions or concerns relating to these Specifications shall be directed in writing to the designated Procurement Specialist of the Purchasing Unit (see cover page) and may be submitted electronically by utilizing the Question and Answers field on Planet Bids.

Questions will be accepted only up to five (5) working days prior to the proposal date to allow the City, if necessary, to issue an addendum to all proposers stating revisions, deletions, or additions to be made to the Specifications as a result of any questions. If questions arise after the deadline, please contact the designated Procurement Specialist of the Purchasing Unit, but the City will not guarantee a response.

RFP 04-2021

PAGE 9

The City will not be responsible for verbal responses made by parties other than the Pu rchasing Manager or designee.

Contacts with City Staff

17. Before an award is made, any contact with City staff, other than the Purchasing Manager or designee(s), without prior written authorization is strictly prohibited and may render the Proposer non - responsible.

Regulated Communications in City Procurement Process Ordinance

18. The Regulated Communications in City Procurement Process Ordinance (Article 6, Chapter 4 of the Fresno Municipal Code) became effective May 7, 2004. With certain specified exceptions, the Ordinance provides that no Respondent, Bidder, Proposer (as the case may be) shall initiate, engage in, or continue any communication to or with any City elected official concerning or touching upon any matter which is the subject of this competitive procurement process.

Any Respondent, Bidder, Proposer or elected official (as the case may be) who initiates, engages in, continues in, or receives any regulated communication shall file the written disclosure required by the Regulated Communications in City Procurement Process Ordinance.

Any Respondent, Bidder, or Proposer violating the Regulated Communications in City Procurement Process Ordinance may be disqualified from participating in this procurement process and/or determined to be non-responsible. Additionally, the City may set aside the award of a contract, prior to its execution, to a party found to have violated the Ordinance.

Note: The full text of Fresno Municipal Code, Chapter 4, Article 6 may be viewed on the City’s website at, http://www.fresno.gov. Under Government, “City Clerk” - Fresno Municipal Code- Or view the Fresno Municipal Code directly at
https://library.municode.com/ca/fresno/codes/code_of_ordinances?nodeId=MUCOFR_CH4CIPUCOS A_ART6RECOELOFPRPR
Notification of Staff Determination

19. Once the City has reviewed and evaluated the proposals received and has determined for award the responsible proposal that provides the best value to the City, that determination will be posted on the City's website http://www.fresno.gov, reference link “Departments” (at the top of screen), “Finance,” “Purchasing,” and “Anticipated Formal Bid Award.” It is the sole responsibility of interested Proposers to seek this information.

Proposers will be given an opportunity to submit, in writing, within 5 days to the Purchasing Manager any concerns with the RFP process or Staff Determination. Such writing will be taken under consideration by the City M anager and may be acted upon within 5 days. If no action is taken within such 5 days, then there shall be no change in Staff Determination. The exercise of Proposer of its right to submit its written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.

Debarment

20. A Proposer may be debarred from bidding or proposing upon or being awarded any contract with the City, or from being a subcontractor or supplier at any tier upon such contract, in accordance with the procedures in Fresno Municipal Code Section 4 -104 adopted by Counc il on May 17, 2018.

The initial period of any such debarment shall not be less than one year and may be permanent RFP 04-2021

PAGE 10

depending on the violation. A Proposer may request a hearing, in accordance with Fresno Municipal Code Section 4 -104, upon receipt of a noti ce of proposed debarment from the City Manager or designee. A copy of the Ordinance may be obtained from the City Clerk’s Office, 2600 Fresno Street, Fresno, California 93721.

Outreach to Small Business Enterprises in Subcontracting

21. The City of Fresno hereby notifies all Proposers that it is the City 's policy to provide all small business enterprises, including minority, women, and disabled veteran business enterprises, equal access and opportunity for participation in the performance of all cons truction contracts, professional service contracts, procurement of supplies, equipment and other services. Therefore, the City requests that a Proposer who intends to subcontract a portion of the work seek out small business enterprises that are potential subcontractors, suppliers, or consultants, and actively solicit their interest, capability, and prices.

RFP 04-2021

PAGE 11

II - PROPOSAL AND CONTRACT DOCUMENTS

RFP 04-2021

PROPOSAL SECTION PAGE 12

(Submit with Proposal)

Proposer's Name _____________________________

CHECK LIST
Proposers are requested to submit this Checklist and the following information, providing the content in the sequence shown below. If documentation provided is incomplete, the Proposer may be ineligible for award of a Contract.

1. COVER LETTER, including company name, address, contact name, phone number and fax number.

2. PROPOSAL DEPOSIT in the form of:

Certified Check Proposer's Bond
Cashier's Check Irrevocable Letter of Credit
Certificate of Deposit Annual Bidder's Bond

3. COST PROPOSAL (p. 13)(complete attached form)

4. STATEMENT OF QUALIFICATIONS AND EXPERIENCE

5. CITY FORMS (pp. 18-21) (complete/return attached forms)

STATEMENT INDICATING ACCEPTANCE OF INDEMNIFICATION AND

INSURANCE REQUIREMENTS

NON-COLLUSION DECLARATION

ADDENDA AND PROPOSAL DEPOSIT

6. Signature page of all ADDENDA issued, Addendum No . (Enter numbers, if applicable).

7. ADDITIONAL INFORMATION TO BE PROVIDED BY PROPOSER (p. 16)

8. REFERENCES (p. 17)

9. PROPOSER QUESTIONNAIRE (pp. 14-15) (complete attached form)

10. SIGNATURE PAGES (p. 23), including (for corporations) Notary Acknowledgment in corporate form, certification by secretary and board resolution or other document to authorize individual who signs proposal.

11. ACH AUTHORIZATION AGREEMENT (p. 22) Signature page of ACH payment.

RFP 04-2021

PROPOSAL SECTION PAGE 13

(Submit with Proposal)

Proposer's Name

COST PROPOSAL

REQUIREMENTS CONTRACT FOR CITYWIDE COPIER LEASE PROGRAM REQUEST FOR PROPOSALS NO. 9592
TERM OF CONTRACT The Contract shall be in effect for five (5) year(s) from the date of the Notice to Proceed. The Contract may be extended in accordance with the provisions set forth in the Special Conditions of these Specifications.

TO THE PURCHASING MANAGER, CITY OF FRESNO
Having carefully examined the Request for Proposals, attachments and related documents, the undersigned proposes and agrees to provide to the City of Fresno, in accordance with the Specifications annexed hereto and made a part thereof, the following services at the following rates:

Item Annual Volume Description Cost Per Copy Total Annual Cost 1 6,330,000 Black/White Fleet
2 3,450,000 Color Fleet
3 1,372,000 Black/White Production
4 826,000 Color Production
The Total Amount of Proposal is ______________________________________________ Dollars and ________________ Cents.

Fleet Cost per Copy/Print Pricing: Bidders should structure their responses strictly as a single rate click COST PER COPY/PRINT for all black and white impressions the fleet of MFD equipment (all copiers except the production units at Central Printing Services). In addition, a single Cost per Copy/Print for all color clicks. This single cost per copy/print shall cover the equipment, accessories, all routine and emergency repair service required, all supplies (excluding paper but including staples).

Production Cost per Copy/Print: Bidders are asked to quote on each of the three production units required (1 color and 2 B/W) a single rate per click charge for B/W and color. All units proposed must be new and have no used components of any form.

For after hours calls (as needed) please provide pricing per hour.

Alternate Proposal:

Customized proposal that will meet the printing and service needs of the City of Fresno using the unique features and systems your company has to offer. Must provide annual pricing (as well as det ail any additional prices) and clearly state terms of alternate proposal.

The above amount shall include any and all applicable taxes.

The quantities listed on the proposal page(s) are estimates. The actual requirement of the City may be more or less than the quantities specified. The City will pay for only those items which it actually delivered or received during the term of the Contract.

The City reserves the right to reject any and all proposals.

RFP 04-2021

PROPOSAL SECTION PAGE 14

(Submit with Proposal.)
Proposer’s Name: _________________________

PROPOSER QUALIFICATION QUESTIONNAIRE
FOR REQUEST FOR PROPOSALS FOR:

REQUIREMENTS CONTRACT FOR CITYWIDE COPIER PROGRAM
REQUEST FOR PROPOSALS NO. 9592
TO: THE PURCHASING MANAGER OF THE CITY OF FRESNO
The undersigne d Proposer submits the following information in accordance with the proposal Specifications:
(Use additional sheets as needed.)

1. a. Business Name (If using more than one business name, please list all names.):

b. Address:

Is your firm operating as a franchisee? Yes or No
If yes, list the franchiser, and number of years your business has been franchised:

2. Provide the names, titles, qualifications, years of experience, and years with your firm, for all key personnel in authority in your business, including the key personnel that will be involved in this project, and the extent to which they will be involved in the performance of this Contract.

3. How many years has your business been established?
How many years has your business been under your present name? How many years under former names? (List name and number of years)

4. How many years has your business been providing services?

5. What other types of services does your business provide?

6. Do you have any affiliated companies? (If parent company, list subsidiaries and divisions. If subsidiary or division, name parent company, its principals, and their addresses):

7. Have there been any contract terminations for the services your firm performs before the fulfillment of the contract within the past three years? Yes or No If so, list the date, client, and reason for termination below:

RFP 04-2021

PROPOSAL SECTION PAGE 15

(Submit with Proposal.)

Proposer's Name __________________________

PROPOSER QUALIFICATION QUESTIONNAIRE (Continued)

FOR REQUEST FOR PROPOSALS FOR:

REQUIREMENTS CONTRACT FOR CITYWIDE COPIER PROGRAM
REQUEST FOR PROPOSALS NO. 9592

8. Provide an organization chart, indicating full-time personnel, job titles, locations, and whether each individual works out of an office or is in the field. Organization chart attached? Yes or No

9. Does the proposer currently possess sufficient resources to meet the initial requirements (See Estimated Quantities for each device, pg.51-54) for this contract? Yes or No
If “Yes”, describe the inventory and if “No”, describe how you will meet the initial requirements:

10. Describe how you will meet the requirement to provide copiers for the City based upon the scope of work (See pages 40 – 54).

11. Outline your support services including establishing direct lines of communication between City technical staff and the manufacturers(s). (As detailed in the scope of work pg. 51-54)

RFP 04-2021

PROPOSAL SECTION PAGE 16

(Submit with Proposal)
Proposer's Name ______________________________

ADDITIONAL INFORMATION TO BE PROVIDED BY PROPOSER
Proposers must present evidence, satisfactory to the City, indicative of the Proposer’s ability to provide the required services. To this end, the Proposer must attach the following information to the Proposal Form:

A. MANUFACTURER’S CERTIFICATION:

If the Proposer is other than the manufacturer, Proposer shall attach:

1. Certification from the manufacturer(s) on manufacturer’s letterhead stating that the Proposer is an authorized representative of the manufacturer to sell and lease the manufacturer’s copiers and that all equipment is new; and

2. Certification from the manufacturer(s) on manufacturer’s letterhead stating that the Proposer is authorized to repair and maintain the manufacturer’s equipment; and

3. Documentation that the Proposer’s technicians are factory trained and certified; and

4. Either of the following: (1) a letter of commitment from the manufacturer which will assure the Proposer of a source of supply sufficient to satisfy the City's requirements for the contract period including the option years; or (2) other evidence that the Proposer will have an uninterrupted source of supply from which to satisfy the City’s requirements for the contract period.

B. TECHNICAL LITERATURE:

The proposer shall include with the proposal detailed descriptive literature for the equipment being offered listed on Cost Proposal . Such literature must provide information on electrical wiring needs, space requirements, and all technical data required for a full evaluation. If technical literature provided is not sufficient for the City to evaluate the proposal, the City may be request additional information.

RFP 04-2021

PROPOSAL SECTION PAGE 17

(Submit with Proposal)
Proposer's Name ______________________________

REFERENCES

REQUIREMENTS CONTRACT FOR CITYWIDE COPIER PROGRAM
REQUEST FOR PROPOSALS NO. 9592
Please list at least three references of similar size and type of services, including governmental agencies, if available.

1. AGENCY/COMPANY NAME:

ADDRESS:

CONTACT PERSON: E-MAIL:

PHONE NUMBER: FAX NUMBER:

LENGTH OF CONTRACT: NUMBER OF YEARS:

TYPE OF SERVICE PROVIDED:

2. AGENCY/COMPANY NAME:

CONTACT PERSON: E-MAIL:

PHONE NUMBER: FAX NUMBER:

LENGTH OF CONTRACT: NUMBER OF YEARS:

TYPE OF SERVICE PROVIDED:

3. AGENCY/COMPANY NAME:

ADDRESS:

CONTACT PERSON: E-MAIL:

PHONE NUMBER: FAX NUMBER:

LENGTH OF CONTRACT: NUMBER OF YEARS:

TYPE OF SERVICE PROVIDED:

RFP 04-2021

PROPOSAL SECTION PAGE 18

(Submit with Proposal)
Proposer's Name

STATEMENT OF ACCEPTANCE OF THE INDEMNIFICATION

AND INSURANCE REQUIREMENTS
FOR REQUEST FOR PROPOSALS FOR:

REQUIREMENTS CONTRACT FOR CITYWIDE COPIER PROGRAM
REQUEST FOR PROPOSALS NO. 9592
The Proposer shall sign below that the Proposer accepts in whole the Indemnification and Insurance Requirements set forth in these Specifications. If the Proposer takes exception to some portions, those portions shall be listed here below and the Proposer shall sign that the Proposer accepts all portions of the requirements not listed.

Note: Any exceptions cause a Proposer to not be awarded a contract.

ACCEPT

DO NOT ACCEPT
If "DO NOT ACCEPT" is checked, please list exceptions:

INSERT IF APPLICABLE

Signature of Authorized Person
_______________________________________
Type or Print Name of Authorized Person
RFP 04-2021

PROPOSAL SECTION PAGE 19

(Submit with Proposal)

Proposer's Name

NONCOLLUSION DECLARATION
Public Contract Code section 7106

The undersigned declares:

I am the __________________________ of _________________________________________, Title of Authorized Person Bidding Firm

the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid p rice of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or a ny other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true

and correct and that this declaration is executed on _________, at ________________, ______.

Date City State

Signature of Authorized Person

Print Name of Authorized Person

The above Noncollusion Declaration is part of the Bid Proposal.

Bidders are cautioned that making a false declaration may subject the certifier to criminal prosecution.

RFP 04-2021

PROPOSAL SECTION PAGE 20

(Submit with Proposal)
Proposer's Name

ADDENDA
The City makes a concentrated effort to ensure any addenda issued relating to these Specifications are distributed to all interested parties. It shall be the Proposer's responsibility to inquire as to whether any addenda to the Specifications have been issued. Upon issuance by the City, all addenda are part of the proposal. Signing the proposal on the signature page thereof shall also constitute signature on all addenda.

TIME PERIOD TO AWARD/REJECT
The undersigned Proposer agrees that the City may have ONE HUNDRED AND TWENTY (120) DAYS from the date prop osals are opened to accept or reject proposals. It is further understood that, if the Proposer to whom any award is made fails to enter into a Contract as provided in the Specifications, award may be made to another Proposer, who shall be bound to perform as if she/he had received the award in the first instance.

RFP 04-2021

PROPOSAL SECTION PAGE 21

(Submit with Proposal)
Proposer's Name

PROPOSAL DEPOSIT
FOR REQUEST FOR PROPOSALS FOR:

REQUIREMENTS CONTRACT FOR CITYWIDE COPIER PROGRAM
REQUEST FOR PROPOSALS NO. 9592
Accompanying this proposal is a Proposal Deposit in the amount of five thousand dollars ($5,000) in the form of:

Certified Check Bidder's Bond
Cashier's Check Irrevocable Letter of Credit
Certificate of Deposit Annual Bidder's Bond
Proposal Deposit is deposited by the undersigned Proposer with the City of Fresno as a guarantee that the Proposer, if awarded all or part of the Contract, will, within fifteen (15) calendar days (except in the event federal funding is applicable to this Contract, then 10 working days) from the date the Notice of Award is mailed to the Proposer, execute and return a Contract furnished by the City.

Copies of Proposal Deposits may be submitted electronically, with the exception of a certified or cashier’s check, which must be brought to the Purchasing Manager’s office prior to the bid opening and labeled accordingly with proposal number.

Such Deposit is made with the understanding that failure to execute such Contract will result in damage to the City, that the amount of suc h damage would be difficult to determine and that in the event of such default said Deposit shall become the property of the City; or, if a Bidder's Bond is deposited, the amount of the obligation thereof, but not more than the above stated amount, shall t hereupon be due and payable to the City of Fresno as liquidated damages for such default, payment of said amount to be the joint and several obligation of the Proposer and the corporate surety.

BUSINESS LOCATION
The undersigned Proposer does not maintain a place of business in the City of Fresno.

The undersigned Proposer maintains a place of business in the City of Fresno at: , Fresno, CA

BUSINESS LICENSE
The undersigned Proposer has a current City of Fresno Business License and the number is .

If the successful Proposer does not have a City of Fresno Business License, he/she shall obtain such a license prior to the issuance of a Notice to Proceed for the Work and maintain in effect throughout the term of this Contract.

CONTRACTOR’S LICENSE
The undersigned Proposer holds a valid Class State of California Contractor’s License. The License Number is and was issued on . Expiration Date: , if applicable.

RFP 04-2021

PROPOSAL SECTION PAGE 22

(Submit with Proposal)

Initial:____________________

CITY OF FRESNO

FINANCE DEPARTMENT

ACCOUNTS PAYABLE SECTION

AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS (ACH CREDITS) Company Contact Email
Name ______________________________ Address _____________________________________ (Required)

Contact Name Telephone Number
The City of Fresno, Finance Department, (FINANCE DEPARTMENT), is authorized to initiate credit entries to the company above, (COMPANY), in the account below at the depository financial institution named below, (DEPOSITORY), and to credit the same to such account. Company acknowledges that the origination of ACH transactions to its account must comply with the provisions of U.S. law.

Depository
Name

Branch

City State Zip Code

Routing Account
Number Number ______________________________
o ACH Authorization Agreement Form already on file with City.

This authorization is to remain in full force and effect until FINANCE DEPARTMENT has received written notification of its termination. The FINANCE DEPARTMENT and DEPOSITORY have a reasonable time to process the termination.

Name(s)
(Please print)
Signature Date
Title
RFP 04-2021

PROPOSAL SECTION PAGE 23

(Submit with Proposal)

SIGNATURE PAGE
By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the statements contained in this proposal are true and correct.

PROPOSAL SUBMITTED BY:
(Please follow the instructions for each line, as explained below.) (1) ( ) ( ) Firm Phone Fax (2)
(Corp.) (Individual) (Partner) (Other)
(3)
Business Address

City State Zip Code
(4) By:

Signature of Authorized Person

Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: Date:

RFP 04-2021

PROPOSAL SECTION PAGE 24

INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Proposer must be the same as that under which a license is issued, if a license is required. If the Proposer is a corporation, enter the exact name of the corporation under which it is incorporated; if Proposer is an individual, enter name; if Proposer is an individual operating under a trade name, enter name and dba (trade name in full); if a partnership, enter the correct trade style of the partnership; if a joint venture, enter exact names of entities joining in the venture.

LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of incorporation), individual, partnership, or joint venture.

LINE 3: Enter the address to which all communications and notices regarding the Proposal and any Contract awarded thereunder are to be addressed.

LINE 4: (a) If the Proposer is a corporation, the Proposal must be signed by an officer or employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion of one of the following certified by the secretary of the corporation, authorizing the officer or employee to sign contracts (sample certification attached): a copy of the Secretary of State printout, a copy of the Articles of Incorporation, a copy of the Bylaws, a copy of the Board Resolution or Minutes authorizing the officer or employee to sign Contracts. (b) If Proposer is an individual, he/she must sign the Proposal, or if the Proposal is signed by an employee or agent on behalf of the Proposer, a copy of a power of attorney must be on file with the City of Fresno prior to the time set for the opening of the proposals or must be submitted with the Proposal.
(c) If the Proposer is a partnership, the Proposal must be signed by all general partners; or by a general partner(s) authorized to sign Contracts on behalf of the partnership evidenced by inclusion of either a copy of the Partnership Agreement or a recorded Statement of Partnership.
(d) If the Proposer is a joint venture, the Proposal must be signed by all joint venturers; or by a joint venturer(s) authorized to sign Contracts on behalf of the joint venture evidenced by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint Venture; and if the joint venturer(s) is a corporation or a partnership signing on behalf of the Joint Venture, then Paragraphs (a) and c) above apply respectively.

Where Proposer is a partnership or a corporation, the names of all other general partners, or the names of the president and secretary of the corporation, and their business addresses must be typewritten below:

NAME ADDRESS

NOTE: All addresses must be complete with street number, City, State, and Zip Code.

RFP 04-2021

PROPOSAL SECTION PAGE 25

SAMPLE CERTIFICATION
I, , certify that I am the secretary Name
of the corporation named herein; that who signed this Name
Bid Proposal on behalf of the corporation, was then of Title
said corporation; that said Bid Proposal is within the scope of its corporate powers and was duly signed for and on behalf of said corporation by authority of its governing body, as evidenced by the attached true and correct copy of the
Name of Corporate Document
By:

Name:

Title: Secretary
Date:

RFP 04-2021

PROPOSAL SECTION PAGE 26

SAMPLE SERVICE CONTRACT

THIS CONTRACT is made and entered into by and between the CITY OF FRESNO, a California municipal corporation (City), and [Contractor Name], [Legal Identity] (Contractor) as follows:

1. CONTRACT DOCUMENTS . The "Notice Inviting Proposals," "Instructions to Proposers," "Proposal" and the "Specifications" including "General Conditions," "Special Conditions", “Federal Conditions”, “Functional Specifications” and “Technical Requirements” for the following: [Title] (Request for Proposals No. [Number]) copies of whic h are annexed hereto, together with all the documents specifically referred to in said annexed documents, including the Performance Bond, if required, are hereby incorporated into and made a part of this Contract, and shall be known as the Contract Documents.

2. PRICE. For the monetary consideration of [WRITTEN $ AMOUNT] DOLLARS AND [WRITTEN CENTS AMOUNT] CENTS ($[DOLLAR AMOUNT]) , as set forth in the Proposal, Contractor promises and agrees to perform or cause to be performed, in a good and workmanlike manner, and to the satisfaction of City, and in strict accordance with the Specifications, all of the work as set forth in the Contract Documents.

3. PAYMENT. City accepts Contractor's Proposal as stated and agrees to pay the consideration stated, at the times, in the amounts, and under the conditions specified in the Contract Documents.

4. INDEMNIFICATION. To the furthest extent a llowed by law, Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including, but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litig ation expenses), that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Contractor, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents , and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Contract.

[Signatures follow on the next page.]

RFP 04-2021

PROPOSAL SECTION PAGE 27

IN WITNESS WHEREOF, the parties have executed this Contract on the day and year here below written, of which the date of execution by City shall be subsequent to that of Contractor's, and this Contract shall be binding and effective upon execution by both parties.

CITY OF FRESNO,
A California municipal corporation

By:
[Name],
[Title/Dept.]

APPROVED AS TO FORM:

DOUGLAS T. SLOAN
City Attorney

By:
[Name] Date
Senior Deputy City Attorney

ATTEST:

BRIANA PARRA, CMC
Interim City Clerk

By:

Date
Deputy

[CONTRACTOR],
[Legal Identity]

By:

Name:

Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)

By:

Name:

Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)

REVIEWED BY:

Addresses:

CITY:

City of Fresno
Attention: [Name]
[Title]
[Street Address]
Fresno, CA [Zip]
Telephone: (559) [#]
E-Mail: [E-Mail address]

CONTRACTOR:
[Contractor Name]
Attention: [Name]
[Title]
[Street Address]
[City, State Zip]
Telephone: [area code and #]
E-Mail: [E-Mail address]
RFP 04-2021

PROPOSAL SECTION PAGE 28

III - GENERAL CONDITIONS

RFP 04-2021

PROPOSAL SECTION PAGE 29

III. GENERAL CONDITIONS

1. DEFINITIONS: Wherever used in the Specifications, including the Instructions to Proposers, the proposal, or any of the Contract Documents, the following words shall have the meaning herein given, unless the context requires a different meaning.
(a) "City" and "City of Fresno" shall each mean the City of Fresno, CA, unless otherwise indicated.
(b) "City Manager" shall mean the City Manager of the City of Fresno. (c) "Contract" and "Contract Documents" shall each mean and refer to these Specifications, including the Instructions to Proposers, the proposal and any addenda thereto, the Contract and all City of Fresno specifications, and other papers and documents incorporated by reference into or otherwise referred to in any of the foregoing documents, whether or not attached thereto. (d) "Contractor" shall mean each person or entity awarded a Contract hereunder and named or to be named in the Contract with the City of Fresno to furnish the goods or services, or both, to be furnished under the Contract.
(e) "Council" and "City Council" shall each mean the Council of the City of Fresno. (f) "Proposer" shall mean each person or entity submitting a proposal, whether or not such person or entity shall become a Contractor by virtue of award of a Contract by the City. (g) "Purchasing Manager" shall mean the Purchasing Manager of the City of Fresno. (h) "Specifications" shall mean the Contract Documents.

2. DELIVERY OF SERVICES : If Contractor is delayed providing services by (i) any acts or omissions of City or its employees, or others acting under authority of City by contract or otherwise, (ii) acts of God which Contractor could not reasonably have foreseen and provided for, (iii) illegal strikes, boycotts or like illegal obstructive action by employee or labor organiz ations, or (iv) any illegal general lockouts or other defensive action by employers, whether general or by organizations of employers; Contractor shall have no claim for damages against City for any such cause of delay, but shall be entitled to an extensio n of time as will reasonably compensate Contractor for actual loss of time occasioned thereby. Contractor may apply to the City Manager for such extension. However, no such extension of time shall be granted unless Contractor shall have notified the Purc hasing Manager, in writing, within one week after the commencement or occurrence of the condition or event which is expected to cause a delay in delivery, of such condition or event and the actual or estimated number of days of delay anticipated on account thereof. The decision of the City Manager as to the number of additional days, if any, to be allowed for completion of delivery on account of such condition or event, will be given in writing to Contractor.

3. TERMINATION FOR CONVENIENCE: The City reserv es the right to terminate this Contract for any reason, upon sixty (60) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory service performed to the date of termination.

4. TERMINATION FOR CAUSE:
a. If the Contractor shall fail to complete delivery, within the time or times specified herein, of all or any part of the materials, equipment, supplies or services to be provided under the Contract, the City Manager of the City of Fresno or designee, acting for and on behalf of the City, may at any time after the expiration of the time for cure, terminate the Contract as to the whole thereof, RFP 04-2021

PROPOSAL SECTION PAGE 30

or in the event partial delivery has been made and accepted, as to such of the items or service to be furnished which have not been delivered or accepted prior to such termination. b. The City may terminate this Contract if the Contractor materially breaches any of its obligations under this Contract and fails to commence and diligently pursue reasonable efforts to cure such breach within fifteen (15) days after written notice by the City specifically describing the breach.
c. Such termination shall be effective upon receipt by Contractor of written notice of termination from said City Manager or designee, which notice sh all be deemed to have been received by Contractor, if mailed by certified mail, within forty-eight hours to Contractor's address as contained in the proposal to the City or, if personally delivered, upon the delivery thereof to Contractor, the authorized representative of Contractor, or to the Contractor's said address.

5. CONTRACT DOCUMENTS : Upon award of the Contract, the Contractor shall execute and submit all required documents to the Purchasing Manager, 2600 Fresno Street , Fresno, California 93721, in a form acceptable to the City of Fresno within fifteen (15) calendar days (except in the event federal funding is applicable to this Contract, then 10 working days) from the date of Notice of Award.

Failure to provide said documents within the designated period shall be sufficient cause to forfeit the proposal deposit and initi ate a City departmental recommendation for City to award the Contract to another Proposer.

6. PERFORMANCE BOND: Throughout the life of this Contract, the Contractor shall pay for and maintain in full force and effect a "Faithful Performance Bond" from a corporate surety, admitted by the California Insurance Commissioner to do business in the State of California, in the amount of $N/A. If applicable, this bond is to be renewed annually.

7. INSURANCE REQUIREMENTS.
(a) Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all insurance as required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A- VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by City's Risk Manager or designee at any time and in its sole discretion. The required policies of insurance as stated herein shall maintain limits of liabili ty of not less than those amounts stated therein. However, the insurance limits available to City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension , Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City pursuant to this section shall in any way relieve Contractor of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, vendors, suppliers, RFP 04-2021

PROPOSAL SECTION PAGE 31

invitees, contractors, sub-contractors, subcontractors, or anyone employed directly or indirectly by any of them.

Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, providing liability coverage arising out of your business operations. The Commerci al General Liability policy shall be written on an occurrence form and shall provide coverage for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under “Minimum Limits of Insurance.”

2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out of the ownership, maintenance or use of automobiles in the course of your business operations. The Automobile Policy shall be written on an occurrence form a nd shall provide coverage for all owned, hired, and non -owned automobiles or other licensed vehicles (Code 1 - Any Auto). If personal automobile coverage is used, the City, its officers, officials, employees, agents , and volunteers are to be listed as additional insureds.

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

MINIMUM LIMITS OF INSURANCE
Contractor shall procure and maintain for the duration of the contract, and for five years thereafter, insurance with limits of liability not less than those set forth below. However, insurance limits available to City, its officers, officials, employees, agents , and volunteers as additional insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance proceeds available to the named insured:

1. COMMERCIAL GENERAL LIABILITY
(i) $1,000,000 per occurrence for bodily injury and property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for products and completed operations; and, (iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement.

2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation Insurance as required by the State of California with statutory limits and EMPLOYER’S LIABILITY with limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.

UMBRELLA OR EXCESS INSURANCE
In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non -contributory basis fo r the benefit of the City, its officers, officials, employees, agents, and volunteers.

DEDUCTIBLES AND SELF-INSURED RETENTIONS
RFP 04-2021

PROPOSAL SECTION PAGE 32

CONTRACTOR shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONTRACTOR shall also be responsible for payment of any self-insured retentions. Any self-insured retentions must be declared on the Certificate of Insurance, and approved by, the City’s Risk Manager or designee. At the option of the City’s Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such self -insured retentions as respects City, its officers, officials, employees, agents, and volunteers; or (ii) Contractor shall provide a financial guarantee, satisfactory to City’s Risk Manager or designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty calendar days’ written notice has been given to City, except ten days for nonpayment of premium. Contractor is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen calendar days prior to the expiration date of the expiring policy. (ii) The Commercial General, Pollution and Automobile Liability insurance policies shall be written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall be endorsed to name City, its officers, officials, agents, employees , and volunteers as an additional insured. Contractor shall establish additional insured status for the City and for all ongoing and completed operations under both Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorsement providing additional insured status. The Commercial General endorsements must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20 37. (iv) The Commerci al General and Automobile Liability insurance shall contain, or be endorsed to contain, that the CONTRACTORS’ insurance shall be primary to and require no contribution from the City. The Commercial General and Auto Liability policies are required to include primary and noncontributory coverage in favor of the City, the General Liability coverage shall contain primary and non contributory coverage for both the ongoing and completed operations coverage. These coverages shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents and volunteers. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits o f liability maintained by Contractor.
(v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above stated limits. (vi) For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, agents, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, agents, employees, and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(vii) The Workers’ Compensation insurance policy shall contain, or be endorsed to contai n, a waiver of subrogation as to CITY, its officers, officials, agents, employees and volunteers.

RFP 04-2021

PROPOSAL SECTION PAGE 33

(viii) The Commercial General and Automobile Liability insurance policies shall contain, or be endorsed to contain, a waiver of subrogation as to City, its officers, officials, agents, employees, and volunteers.

PROVIDING OF DOCUMENTS - Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required herein . All certificates and applicable endorsements are to be received and approved by the City’s Risk Manager or designee prior to City’s execution of the Agreement and before work commences. All non -ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. All subcontractors working under the direction of Contractor shall also be required to provide all documents noted herein.

CLAIMS-MADE POLICIES - If any coverage required is written on a claims -made coverage form:
(i) The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Contractor.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work or termination of the Agreement, whichever first occurs.
(iii) If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the eff ective date of the Agreement, or work commencement date, Contractor must purchase “extended reporting” period coverage for a minimum of five years after completion of the work or termination of the Agreement, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review. (v) These requirements shall survive expiration or termination of the Agreement.

SUBCONTRACTORS - -If Contractor subcontracts any or all of the services to be performed under this Agreement, Contractor shall require, at the discretion of the City Risk Manager or designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide required indemnification and insurance p rotection. Any required Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by City Risk Manager or designee. If no Side Agreement is required, Contractor will be solely responsible for ensuring tha t its subcontractors maintain insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.

8. INDEMNIFICATION: To the furthest extent allowed by law Contractor shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract. Contractor's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents, or volunteers.

If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents , and volunteers in accordance with the terms of the RFP 04-2021

PROPOSAL SECTION PAGE 34

preceding paragraph.

This section shall survive termination or expiration of this Contract.

9. PRECEDENCE OF CONTRACT DOCUMENTS: The order of precedence of documents shall be:
(1) Rules and Regulations of Federal Agencies relating to the source of funds for this project; (2) Supplemental Agreements, Change Orders, or Co ntract the one dated later having precedence over another dated earlier; (3) Special Conditions; (4) General Conditions; (5) Scope of Work.

Whenever any conflict appears in any portion of the Contract, it shall be resolved by application of the order precedence.

10. FEDERAL IMMIGRATION REFORM AND CONTROL ACT OF 1986 : As a material part of any contract for a City of Fresno project, every Contractor who has employees who will work on a City of Fresno project, is required to comply with all of the provisions of the Federal Immigration Reform and Control Act of 1986 (P.L. 99-603, 100 Stat. 3359). This requirement includes compliance with all of the employee documentation provisions. Furthermore, the Contractor will make any employee documentation required to comply with the Act immediately available to the City upon its request for each individual employee working on a City of Fresno project.

11. WORKMANSHIP GUARANTY: The workmanship of the services to be performed for the City by the Contractor will be in accord with the Specifications, and where not specified, in accord with generally accepted standards.

12. ALTERATION OF TERMS: No alterations or variations of the terms of this Contract shall be valid unless made in writing and signed by both parties.

13. CONTRACT CHANGES : No changes or modifications to the Contract shall be made unless agreed to and signed by both parties. No prior, current or post award verbal agreement or agreements with any officer, agent or employee of the City shall affect or modify any terms or obligations of these Specifications or any Contract resulting from this procurement.

14. AMENDMENTS: The City of Fresno re serves the right to add, modify, or delete items from the Contract including Special Conditions or Scope of Work. Any changes shall be made only by means of a formal amendment signed by both the City and Contractor.

15. ASSIGNMENT: The Contract is persona l to the Contractor and there shall be no assignment, transfer, sale, or subcontracting by the Contractor of its rights or obligations under the Contract without the prior written approval of the City. Any attempted assignment, transfer, sale , or subcontracting by the Contractor, its successors, or assigns, shall be null and void unless approved in writing by the City.

16. TERMINATION BY CITY FOR NON-APPROPRIATION: In the event of non-appropriation relating to the Contract, City shall have the right to terminate the Contract at the end of any fiscal year of City, in the manner and subject to the terms specified in this paragraph. City shall endeavor to give written notice of such termination not less than sixty (60) days prior to the end of su ch fiscal year, and shall notify Contractor of any anticipated termination. For purposes of this paragraph, "fiscal year" shall mean the twelve -month fiscal period of City which commences on July 1 in every year and ends on the following June 30. For purposes of this paragraph, "non-appropriation" shall mean the failure of the City or City's governing body to appropriate money for any fiscal year of City sufficient for the continued performance of the Contract by City.

17. INDEPENDENT CONTRACTOR : In the furnishing of the services provided for herein, the Contractor is acting as an independent contractor. Neither the Contractor, nor any of its officers, associates, agents or employees shall be deemed an employee, joint venturer, partner, or agent of the City for any purpose. However, the City shall retain the right to verify that the Contractor is performing its respective obligations in accordance with the terms of the Contract.

Because of its status as an independent contractor, Contractor a nd its officers, agents and employees shall have absolutely no right to employment rights and benefits available to City employees. Contractor RFP 04-2021

PROPOSAL SECTION PAGE 35

shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits. In addition, together with its other obligations under this Agreement, Contractor shall be solely responsible, indemnify, defend and save City harmless from all matters relating to employment and tax withholding for and payment of Contractor’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co - employee rights or other theory. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to City or to this Agreement.

18. GOVERNING LAW AND VENUE: The Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of California , excluding, however, any conflict of laws rule which would apply the law of another jurisdiction . Venue for purposes of the filing of any action regarding the enforcement or interpretation of the Contract and any rights and duties thereunder shall be Fresno County, California.

19. COMPLIANCE WITH LAW: In providing the services required under the Contract, Contractor shall at all times comply with all applicable laws of the United States, the State of California and the City of Fresno, and with all applicable regulations promulgated by Federal, State, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of the Contract.

20. SEVERABILITY: The provisions of the Contract are severable. The invalidity, or unenforceability of any one provision in the Contract shall not affect the other provisions.

21. INTERPRETATION: The Contractor acknowledges that the Contract in its final form is the result of the combined efforts of the parties and that, should any provision of the Contract be found to be ambiguous in any way, such ambiguity shall not be resolved by c onstruing the Contract in favor or against any party, but rather by construing the terms in accordance with their generally accepted meaning.

22. ATTORNEY'S FEES: If either party is required to commence any proceeding or legal action to enforce or interpr et any term, covenant or condition of the Contract, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

23. EXHIBITS: Each exhibit and attachment referenced in the Contract is, by the reference, incorporated into and made a part of the Contract.

24. MAINTENANCE OF RECORDS: Records of Contractor pertaining to the services hereunder shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives upon request during regular business hours throughout the life of the Con tract and for a period of three years after final payment and for the period of time required by law. In addition, all books, documents, papers, and records of Contractor pertaining to the Contract shall be available for the purpose of making audits, exam inations, excerpts, and transcriptions for the same period of time.

This section shall survive expiration or termination of the Contract.

25. RECYCLING: In the event Contractor maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, Contractor at its sole cost and expense shall:
(a) After award, immediately establish and maintain a viable and ongoing recycling program, approved by the City's Solid Waste Management Division, for each office and facility. Literature RFP 04-2021

PROPOSAL SECTION PAGE 36

describing City recycling programs is available from City's Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111. (b) Immediately contact the Solid Wa ste Management Division at (559) 621 -1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of City's Solid Waste Management Division the establishment of the recycling program in paragraph (i) above and the ongoing maintenance thereof.

26. NOTICES: Any notice required or intended to be given to either party under the terms of this Contract shall be in writing and shall be deemed to be dul y given if delivered personally or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth on the signature page of th e Proposal in the case of the Contractor and at the address in the Special Conditions for mailing of invoices in the case of City, or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof.

27. BINDING: Subject to Section 15 of these General Conditions, once this Contract is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees and representatives.

28. WAIVER: The waiver by either party of a breach by the other of any provision of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Contract. No provisions of this Contract may be waived unless in writing and signed by all parties to this Contract. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

29. CUMULATIVE REMEDIES : No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

30. NO THIRD PARTY BENEFICIARIES: The rights, interests, duties and obligations defined within this Contract are intended for the specific parties hereto as identified in the preamble of this Contract.

Notwithstanding anything stated to the c ontrary in this Contract, it is not intended that any rights or interests in this Contract benefit or flow to the interest of any third parties.

31. EXTENT OF AGREEMENT: Each party acknowledges that they have read and fully understand the contents of this Contract. This Contract represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be modified only by written instrument duly authorized and executed by both City and Contractor.

32. HEADINGS: The section headings in this Contract are for convenience and reference only and shall not be construed or held in any way to explain, modi fy or add to the interpretation or meaning of the provisions of this Contract.

RFP 04-2021

PROPOSAL SECTION PAGE 37

IV – SPECIAL CONDITIONS

RFP 04-2021

PROPOSAL SECTION PAGE 38

IV. SPECIAL CONDITIONS
TERM OF CONTRACT: This Contract shall be in effect for five (5) years from the date of the Notice to Proceed. The Contract may be extended, with the mutual written consent of both parties, for four (4) one (1) year increments with fixed prices for the term of the contract , all other terms and conditions specified herein remaining the same. If either the City or Contractor elects not to extend the Contract, or upon expiration of the final one -year extension term, the Contractor shall aid the City in continuing, uninterruptedly, the requirements of the Contract, by continuing to perform on a temporary basis, when specifically requested to do so in writing by the Purchasing Manager, for a specified term not to exceed twelve months. Such continuance shall be subject to all terms and conditions remaining the same as if the contract had been extended for such a temporary period by an amendment hereto.

PAYMENT: The Proposer shall invoice the City of Fresno in order to initiate the payment process.

Invoices shall conspicuously display the City's purchase order number and shall be submitted to:

ATTENTION:

City of Fresno
Information Services Department
2600 Fresno Street
Fresno, CA 93721
Contractor hereby agrees not to assign the payment of any monies due Contractor from City under the terms of this Contract to any other individual(s), corporation(s) or entity(ies). City retains the right to pay any and all monies due Contractor directly to Contractor.

RFP 04-2021

PROPOSAL SECTION PAGE 39

V - SCOPE OF WORK

RFP 04-2021

PROPOSAL SECTION PAGE 40

V. SCOPE OF WORK

The intent of this Request for Proposal is to establish a contract for a copier program based on cost - per-copy pricing. The expectations of the Vendor include supplying the copier/multifunctional devices, scheduled routine maintenance, repairs, parts, and ALL consumables (except paper) as well as working with the City’s technology staff to connect all equipment provided to the network. Currently, the City has approximately 166 copy machines of various sizes and speeds.

The Vendor will be responsible for providing ALL phases of copier services including providing new copy machines, providing prompt maintenance (both preventative and remedial), providing all supplies (except paper), providing accounting and invoicing data, providing delivery and copier set-up services, providing copier volume usage reports and providing both initial and continuous operator training. The costs for the foregoing services shall be included in the unit price per copy.

Copier Installation Requirements

The COST-PER-COPY PROGRAM service shall include delivery, installation, set up, and make ready for use with removal of all shipping debris, providing all consumable supplies (except paper), emergency repair service during normal business hours (M onday through Friday, 8:00 AM to 5:00 PM), periodic preventative maintenance, and unlimited operator training. The Vendor shall remove from the premises all crates, wrappings, and other flammable waste materials or trash from the building. If the premise s are not maintained properly, the City may have any accumulations of non -recyclable waste materials or trash removed with costs to be incurred by the Vendor as deemed appropriate. Vendor shall at all times keep the premises and the areas in which the work is performed free from accumulation of waste materials or rubbish as well as the tools, installation equipment, machinery and surplus materials during the progress of the work and until completion thereof. Vendor is responsible for any damage to the premises of any site as a result of the installation and shall repair and restore to the original condition any area so damaged within the time frame designated by the City.

Newly Manufactured

For purposes of the initial installations and all subsequent installations over the duration of the term of this contract, all equipment shall be new and assembled for the first time from new components by the manufacturer. The City shall be the first user o f the new equipment with no previous placements (ever) on rental/lease or ever placed in the Vendor’s or customer location as a demonstration unit including employee home offices. All equipment performance and reliability standards shall conform to “new” specifications.

Parts:

All parts and components supplied by the Vendor in the process of maintenance and service of the new equipment for the duration of this contract shall be new original manufacturer equipment.

Manufacturers Certification:

The Vendor shall comply with the following (where Vendor is other than the manufacturer of the copiers):

1. Vendor is an authorized representative of the manufacturer to sell and lease the manufacturer’s copiers and that all equipment is new; and

2. Vendor is authorized to repair and maintain the manufacturer’s copiers; and

3. Vendor’s technicians are factory trained and certified; and RFP 04-2021

PROPOSAL SECTION PAGE 41

4. Vendor shall have written commitment from the copier manufacturer(s) that assures the Vendor of a source of supply sufficient to satisfy the City’s requirements for the contract period including the option years.

Minimum Copier Features

Vendor must meet minimum copier features, however, the Vendor may exceed the minimum copier features by proposing faster, larger, or more featured machines.

Technical Maintenance Support:

The Vendor shall have sufficient management and qualified manufacturer certified trained technicians to serve all copiers supplied under the agreement within the specified response time.

Replacement and Back-up Equipment:

Replacement copier(s) are defined as copier(s) that will be installed to replace a malfunctioning copier and will remain on site for the term of the contract. All replacement copiers must be new or greater than or equal to the original copier. Backup copiers (loaners) are defined as copier(s) that will be installed on a temporary basis while the malfunctioning copier(s) is repaired or until a replacement copier(s) is installed. Back-up equipment will be required after a copier has been down for sixteen (16) consecutive business hours form the time of the service call. Backup equipment will be replaced within 30 days with the original machine or a new replacement. Failure to meet either of the preceding timelines will result in a penalty of $500.00 per day for each day the timeline is delinquent.

Parts/Supply Availability:

The Vendor shall have in place an inventory and delivery system of parts and consumable supplies in quantities sufficient to serve the requirements of this contract. It shall be the responsibility of the Vendor to maintain stock levels of all consumable supplies at the individual copier sites. If adequate stock is not available at a site, the Vendor must deliver the necessary items within four (4) hours on -site after receipt of a verbal request service call. Failure to deliver the necessary items within the preceding timelines could result in a penalty of $500.00 per day for each day the items are delinquent. It is the responsibility of the Vendor to track the inventory and usage of supplies to insure adequate availability.

Automatic toner replacement should occur when levels fall below 20%.

Service repairs:

It will be the responsibility of the Vendor to provide service within four (4) hours on -site after a call is placed, during normal business hours of 8:00 AM to 5:00 PM M onday through Friday. Failure to meet the preceding timeline will result in a penalty of $500.00 per day for each day the service is delinquent preventative maintenance will be based upon the specific needs of the copier as determined by the Vendor. All maintenance parts and labor cost shall be included in the cost-per-copy price. The Vendor will be required to provide service records on all machines covered under this contract to the City’s authorized representative.

Other Requirements:

Vendor shall designate a specific contact representative who will be authorized to make decisions on behalf of the Vendor to ensure that the contract implementation and day-to-day operation is as specified, and who will serve as a point of contact for the City authorized representative. The Vendor shall provide for each machine, at no additional cost, an operator training program for a primary operator, a back-up key operator and an operations demonstration for casual users to be scheduled at mutually agreed times after the initial installation and quarterly thereafter if requested.

RFP 04-2021

PROPOSAL SECTION PAGE 42

A stand, table or similar equipment should be provided for all non-floor models at no additional cost to the City, upon request.

Delivery Time:

Install copiers (reference quantities and models in inventory p. 52-55) shall all be delivered, installed, and operational within sixty (60) calendar days after the date of the Notice to Proceed. The Vendor shall provide the City with a phase-in schedule that outlines projected quantities of copiers to be installed and made operational at all City facilities, fifteen (15) calendar days after an award of contract.

Subsequent copiers shall be delivered within 10 working days of the date of notifications to the Vendor.

Vendor Reports:

The Vendor shall be required to provide the following reports:

a. Semi-Annual Reports: The Vendor shall maintain an inventory record that identifies all equipment delivered under this contract. The inventory record will be provided to the City’s authorized representative on a semi -annual basis:
i. Make and model, department, location, and serial number of all installed equipment;
ii. Vendor’s record of performed maintenance and repair; iii. Monthly volume by machine or copies produced;
iv. Total billing for all copying services provided during this period provided in a clear and concise report.
b. The Vendor shall also provide a semi -annual usage report to the City’s authorized representative for each location by machine. At this time, the Vendor shall review the copier volume classes and make recommen dations based on the over usage/under usage of the machines.

Meter Card Requirements:

The Vendor will be responsible to provide the City’s authorized representative the total monthly copy counts. These counts must include: location of the unit, serial n umber, model as well as list the department who the copier is assigned to. The City will require our Fund/Org for each copier too after the contract is signed, the information will be given to the Vendor for inclusion. The Vendor is free to install any automated device that may assist in this process, provided it is at no additional cost to the City. The meter report will be sent to the City authorized representative for each site by the 5 th day of each month for the previous month’s service. Failure to submit the meter reports in the required time frame will result in a penalty of $500.00 per day for each day the reports are delinquent. Meter readings will constitute the total copy volume for a single calendar month. There will be no assistance/action by the City to accomplish this requirement.

At any time during the contract period, should the Vendor introduce new or improved models of copiers as replacements for models initially provided under this contract, he /she shall submit in writing to the City authorized representative, the proposed substitution for approval. Any proposed model offered must be of equal or greater capability as the model to be replaced.

Information Technology Requirements:

RFP 04-2021

PROPOSAL SECTION PAGE 43

All digital equipment must offer network connectivity and be Post Script II/III compliant and PCL6 printer driver compliant.

All equipment/ software must be compatible with networking protocol TCP/IP and be compatible with and capable of:

1. Networking protocol TCP/IP

2. Microsoft Windows 7/8.x/10 Enterprise operating systems

3. Microsoft Server 2016/ 2019

4. Mac OS 10.x/11.x

5. Android/ iOS

6. Must have 100 MB or 1 GB Ethernet connection

7. We would like to have user authentication at the devices via Proximity or RFID cards.

8. Must have SMB1.x disabled and have the capability of using SMB2.x and/or SMB3.x

9. Centrally managed print solution running on an appliance or virtual machine

10. Print codes or card option. This would be a feature that could be turned on for certain machines where this feature would be useful. If this is an added cost, please detail pricing for this feature.

All equipme nt offered must have 100/1000 Full Duplex Ethernet connection and have SMBv3 compatibility.

Ship with PCL drivers default and Postscript Drivers.

Cyber Security:

Hard drives must be wiped before the copier leaves the premises. Wipe HDD Certifications – guarantee data wipe/ destruction. Must be completed before copier is removed.

Encryption of data at rest and in transit.

The City would be interested in an option for access control (badge access, etc.).

Laserfiche compatible:

Must be compatible with the Laserfiche document imaging program.

Software Technical Support:

The Vendor shall establish support services including direct lines of communication between City technical staff and the manufacturer(s) of the equipment offered. City departments should also have the ability to directly communicate with Vendor regarding any issues. Vendor will have a single point of contact.

The Vendor agrees that Network Services includes all actions to diagnose, restore to manufacturers and City’s specifications and correct product and software malfunctions to their original capability.

The Vendors shall be responsible for backing -up and restoring information stored on electronic media when the repair or replacement could affect any data stored on th e equipment. As stated, above all hard drives will be cleared on all copiers removed from service before leaving the premises.

The Vendor shall keep complete records available to the City, documenting all programming changes, software installations or upgrades and trouble fixes including those done remotely to insure connectivity.

To reduce integration and administration costs, the copiers are to be centrally managed f rom a server with the users’ account pulled from LDAP or eDirectory.

RFP 04-2021

PROPOSAL SECTION PAGE 44

Printer drivers for the copiers will be able to be pushed out via MicroFocus ZCM printer policy and/or Microsoft Active Directory GPO Print Connection and will not burden the user by having them enter a special code per print job.

The copiers will integrate with the City of Fresno’s current Rightfax system.

Responsibilities and Duties of the Vendor:

Vendor shall be responsible for the administration and management of user I.D.s for all machines throughout the life of the contract.

Vendor shall ensure that no equipment or supplies will be delivered to the site(s) prior to the date(s) agreed upon in the phase -in schedule by the City’s authorized representative. Vendor shall be responsible for all material(s) shipped prior to and du ring installation until the City gives acceptance in writing. All risk of loss or expense associated with storing material(s) prior to the date of acceptance by the City is the responsibility of the Vendor.

It will be the responsibility of the Vendor to have qualified trained sales/service staff personnel to provide software and technical assistance at any location, including assistance in problem solving, maintenance, machine operation, etc. Vendor must also have access to manufacturer’s technical resources for problems that are beyond the ability of the Vendor’s staff. Such assistance shall be available at no cost and within twenty-four (24) hours of notification by the City. Failure to provide such assistance withing the required time frame will resu lt in a penalty of $500.00 per day for each day the assistance is delinquent.

It will be the responsibility of the Vendor to notify the City when a copier is discontinued by the manufacturer and becomes unavailable. Any discontinued model that is in use and operational, will not be replaced until it is no longer serviceable. At that time, the City’s authorized representative must approve the replacement model being offered by the Vendor. Such approval is contingent upon compliance with the following conditions:

a. The replacement copier is of equal or greater technology and offers the same or better features than the discounted model.
b. The replacement copier has the same or less cost-per-copy prices than the discounted copier.

Problem Machine Replacement:

Machines having demonstrated a history of “excessive down time” shall be replaced by the Vendor with a new machine of equal or better features, unless the user department declines. Down -time is calculated from the time the department places the call and ends when the machine is up and running.

Service calls that are operator induced will not be counted. To qualify for replacement, the following steps must occur:

a. The user department must document the service log as to number of times per month the machine has requested service, number of hours the machine is down, nature of problems, and re-occurrences of those same problems.
b. The user department must contact the City’s authorized representative to discuss their concerns regarding the overage of calls. The vendor’s contact person will research the matter and follow- up with a return phone call and a plan of action.
c. The Vendor’s and the City’s authorized representative shall be dispatched on-site to ascertain the malfunctions and make a determination as to what course of action will be taken:

1. Repair the machine.

RFP 04-2021

PROPOSAL SECTION PAGE 45

2. A determination made for complete reconditioning.

3. A determination made for replacement.
d. If it is determined recondit ioning is the best solution, a back -up machine will be sent and the user department’s machine brought into the shop for a comprehensive reconditioning.

The City understands that during the “break -in” period of a new machine service calls are eminent.

However, calls exceeding the standards identified shall cause the machine to be replaced with a new unit of equal size and features without question.

Cost Proposal:

Pricing is to be “no minimum” cos t-per-copy program the total pooled output of the entire City without regard to the total number or types of copiers provided. For example, if the City were to call for six copy machines and the baseline page output is 20,000 pages per month; we would have a total pooled output of 120,000 pages per month. In this environment we could have one copier output 5,000 pages and another copier output 35,000 pages without the second copier charged at the higher cost-per-copy rate as long as the overall output remained under the pooled 120,000 pages.

Prices quoted should be on a per copy basis to the fourth decimal point, for example “$0.0195 per copy.”

Copy cost must include the cost of lease of the equipment, services and maintenance (parts and labor), all che mical supplies (toner and developer) , all consumables (excluding paper) , and the necessary training of personnel. Delivery, installation , and removal charges must also be included in the prices quoted. Vendor shall provide and pay for all materials, labo r, tools, transportation and handling, and other facilities necessary for the furnishing, delivery, assembly, plus inspection before and after installation of all items specified herein.

The City requires various levels of volume categories to cover its c opier requirements. Volumes are based on historical information. A cost per copy should be submitted for each individual copy made.

The monthly volumes are specified for each category of copier.

This is a FIRM-FIXED PRICE CONTRACT. All prices shall be F.O.B. Destination and shall include all materials/services specified herein in addition to any charges that may be imposed in fulfilling the terms of this contract.

Projected Requirements/Estimated Quantities:

The quantities (volumes of copies) specified in this solicitation are estimated only, and given for the information of Vendors and for the purpose of the City’s RFP evaluation. They do not indicate the actual number of copies, which will be ordered, since such volume will depend upon requirements, which may develop during this contract period. T o the best knowledge for the City, this is the historical usage of copies. The City makes no guarantee as to copy usage on a Citywide basis or for individual units.

The Vendor shall make every effort to ensure that the placement of copiers by volume classification are directly related to the estimated average monthly volume of copies produced at a given copier site. For the first six (6) months during the transit ion period there will be no changes to the copier placement unless requested by the City. After the transition period, if there is overuse/under use for three (3) consecutive months at any location, then the Vendor may recommend in writing, with supportin g documentation of the usage history, to replace with a correct volume machine. The final decision, however, as to the volume classification of the machine that is appropriate for any site shall be solely that of the City using department and the assigned City authorized representative.

RFP 04-2021

PROPOSAL SECTION PAGE 46

Copy Center Needs:

The City has an in-plant copy center with specific needs regarding their production copiers. They also require support for their operations.

All maintenance parts and labor costs shall be included in the cost -per-copy service. Vendor must provide service within 4 hours on-site after a call is placed during normal business hours (8am – 5pm, Monday through Friday). When a production machine is down for over 4 hours then a replacement , backup, or other copy center location should be made available for runs until the machine can be fixed.

Vendor and/or vendor technicians to provide regular updates until machine is fully fixed and functional.

Vendor analysts should be Fiery or G7 certified. Vendor to also provide certified production experts as needed.

The Copy Center needs:
- Ability to print large quantities of multipart NCR (and/NCR tag) in both black and white as well as color
- High capacity drawers, for paper stock up to 13 x 19
- Duplex abilities across all GSMs
- Finishing features including standard and booklet finishi ng (saddleback & 2 staple), 2/3 hole punch, post process insertion (black and white only), in-line coil punch - Ability to run specialty stocks
- Ability to create tabs
- Ability to run stock up to at least 350 GSM
- Ability to print coated, uncoated, gloss and C1S/C2S stocks - At least 100 page staple (heavy duty)

Copy center would like to retain the above finishing features while also having:
- Stacker/ jogger tray

Copy Center prefers to only need 2 machines for all of these capabilities.

Features currently being used are a stand -alone print controller: Fiery Command Center Impose/Compose, booklet finishing, punch unit, paper bank, multi -drawer paper deck, cover imposer tray. Current paper weights being run through the current production copier are 52-300 GSM.

The Copy Center is also interested in an ADA compliant production workflow software option with a user interface that allows for advance job costing and variable data printing.

Examples of Model Specifications:

A minimum of 3 level of copiers based on the needs of the departments will be required. Additional models as suggested by the vendor to better suit the departments can be suggested.

RFP 04-2021

PROPOSAL SECTION PAGE 47

Specifications for Digital Copier (A)

Copy range 10,000 per month

Manufacturer rated 15,000 per month

Minimum production speed of 20-30 copies per minute

Auto document feed capability of 10 sheets of 20# bond paper

Duplex capability 2:1; 2:2; 1:2

Must be able to run 11 x 17

Offset stacker with single position stapler

Reduce to 50%

Enlarge to 200%

Multi-function capabilities:

- Network printer (required)
- Scan (Required)
- Fax to Email (optional)
- Scan to Email and File (optional)

Manufacturer Certified Facility

Can produce both color and black and white

RFP 04-2021

PROPOSAL SECTION PAGE 48

Specifications for Digital Copier (B)

Copy range 25,000 per month

Manufacturer rated 50,000 per month

Minimum production speed of 31-40 copies per minute

Auto document feed capable of 50 sheets of 20# bond paper

Duplex capabilities of 2:1; 2:2; 1:2

Copier must handle paper weight of 20# to cover weight of 65# (up to 150 GSM)

In-line stapling minimum 25 sheets 20# paper

Three-hole punch feature

Must be able to run 11 x 17

Reduce to 25%

Enlarge to 400%

Multi-function capabilities:

- Network printer (required)
- Scan (required)
- Fax to email (optional)
- Scan to email and to file (required)

Manufacturer Certified Facility

Can produce both color and black and white

RFP 04-2021

PROPOSAL SECTION PAGE 49

Specifications of Digital Color Copier (C)

Copy range 35,000 per month

Manufacturer rated 75,000 per month

Minimum production speed of 41-50 copies per minute

Auto document feed capability of 100 sheets of 20# bond paper

Duplex capabilities of 2:1; 2:2; 1:2

Copier must handle paper weight of 20# to index weight of 110# (up to 200 GSM)

Large Capacity Tray (optional)

In-line stapling minimum of 50 sheets

Three-hole punch feature

Must be able to run 11 x 17

Reduce to 25%

Enlarge to 400%

Multi-function capabilities:

- Network printer (required)
- Scan (required)
- Fax to email (optional)
- Scan to email and to file (required)

Manufacturer Certified Facility

Can produce both color and black and white

RFP 04-2021

PROPOSAL SECTION PAGE 50

Current Copier Devices and Volumes

The City currently has 164 copiers including 3 production copiers. Details including model, meter type, average black and white and color count per month as well as accessory and finishing capabilities are listed on the following pages.

The table below shows recent copy count averages, but volumes may fluctuate from month to month or year to year.

Production
B & W
Average Color Average Total
Monthly Volumes

114,319 68,806

183,125
Annual Volumes

1,371,828

825,672

2,197,500

Copiers (not production)
B & W
Average Color Average Total
Monthly Volumes

527,584

286,476

814,060
Annual Volumes

6,331,008

3,437,712

9,768,720

Total 7,702,836 4,263,384 11,966,220

RFP 04-2021

PROPOSAL SECTION PAGE 51

RFP 04-2021

PROPOSAL SECTION PAGE 52

RFP 04-2021

PROPOSAL SECTION PAGE 53

RFP 04-2021

PROPOSAL SECTION PAGE 54

RFP 04-2021

PROPOSAL SECTION PAGE 55

Copier Locations

All locations are within the City of Fresno.

10120 N Chestnut 2510 S East Ave Ste 400
110 M St 2600 Fresno St
1144 E St 2828 Fresno St Ste 201
1211 Fresno St 2925 Fresno St
1325 E El Dorado St 3080 W Shaw Ave
1450 E Teague Ave 3402 N Blackstone Ave Ste 156
1515 E Divisadero St 3590 N Blackstone Ave
1604 S. Teilman 3845 N Clark Street, RM 201
1721 Van Ness Ave 4343 E Gettysburg Ave
1910 E University Ave 4941 E Andersen Ave
1919 E McKinley Ave 4995 E Clinton Way
2101 G St 5059 E McKinley Ave
2101 G St Bldg A 5499 E Hedges Ave
2101 G St Bldg E 6375 W Central Ave
2101 G St Bldg F 6395 E Floradora Ave
2101 G St Bldg E 665 Fulton St
2101 G St Bldg X 6736 E Dakota Ave
2223 G St 7170 N San Pablo Ave
224 S Argyle 745 N 1st St
2323 Mariposa Mall 770 N San Pablo Ave
2326 Fresno Street 7775 N Friant Rd Parks
2440 Tulare St, Suite 100 911 H St