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Item C26 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 16 & 17,2001 Division: Management Services Bulk Item: Yes X No Department: Administrative ServiceslPurchasing AGENDA ITEM WORDING: Approval of Agency Membership Agreement with DemandStar By Onvia at NO CHARGE to Monroe County. ITEM BACKGROUND: DemandStar,com provides Internet, fax and vendor database management services to governmental agencies at NO COST. It provides a multi-faceted approach to automating the bidding process by using a combination of technologies including fax-on-demand, fax broadcasting and the Internet to manage vendor and bid information. This approach will allow the County to reach the maximum number of potential bidders who already have Internet access, as well as potential bidders who are less technologically advanced. This approach will maximize the exposure of Monroe County's Bids and RFP's in the marketplace, and will include all potential bidders, regardless of their technological maturity. Potential bidders will have instant access to time-sensitive bid documents allowing them more time to prepare their bid. * Additional information attached for your review. PREVIOUS REVELANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approve contract with DemandStar. TOTAL COST: $0.00 BUDGETED: Yes No COST TO COUNTY: $0.00 REVENUE PRODUCING: Yes_ No_ AMOUNTPERMONTH_ Year __ - riL-. . (\.1L ' APPROVED BY: County Atty ~ ~J>urchasmg ~ Risk Management X v.; DMSION DIREcTOR APPROV ALJ ~' ~ ~ J2. ~ (James L. Roberts) DOCUMENTATION: Included X To Follow Not Required ~GENDAITEM#~ DISPOSITION: Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: DemandStar By Onvia Contract # Effective Date: May 16, 2001 Expiration Date: Contract Purpose/Description: Approval of Agency Membership Agreement with DemandStar By Onvia at NO CHARGE to Monroe County. Contract Manager: Lisa Ernst Cherry 4466 Administrative Services Purchasing Office # 1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on May 16,2001 Agenda Deadline: May 2, 2001 CONTRACT COSTS Total Dollar Value of Contract: $ 0.00 Budgeted? YesD No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ 0.00 ---- ADDITIONAL COSTS Estimated Ongoing Costs: $ _/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ___ &,",,~er Division Director Y...~--t YesDNo~ =====---~ '/~"'--..., ~skMana~t ~I YesONo!rr' C\., 'Wc~"1- ~ O~~g YeSONO~ ti~ If-;;'O-l!j ~ounty Attorney 1/* Yes~oO ~~ -f _ I Comments: ~/P'r~;, ~ . q. ~~.-# ~~. l/ -~ ~---LL---- OMB Form Revised 2/27/01 MCP #2 DEMANDST AR BY ONVIA AGENCY MEMBERSHIP AGREEMENT Welcome to DemandStar by Onvia! We operate a proprietary Internet-based procurement system called "DemandStar" through which we provide Internet, fax and information services to network members. This Agreement describes our mutual responsibilities. WE agree: 1. To allow your Agency to use the DemandStar System at no charge. 2. To automatically notify appropriate member Suppliers of Formal Bid opportunities via email or fax. 3. To notify and promote your Agency's membership in Onvia's DemandStar network to both your current Suppliers and our Supplier community. 4. To post your Agency's Formal Bid documents online if provided to us in acceptable electronic format. 5. To provide Formal Bid document duplication and distribution services upon Supplier request. 6. To provide your Agency's web site with links to: (a) allow anyone to view Formal Bid announcements posted to DemandStar by your agency at no charge; (b) allow Formal Bid specifications to be downloaded (for a fee); (c) allow Suppliers to register with DemandStar. 7. To provide customer support to your Agency and Suppliers. YOU agree: 1. To provide Onvia with a letter announcing your membership in the DemandStar network and an electronic mailing list of your current Suppliers. 2. To log 100% of your Formal Bids through Onvia's DemandStar network (this ensures that registered Suppliers are notified of every Formal Bid opportunity from your Agency). 3. To enter Plan-holder information into Onvia's DemandStar System for any Suppliers who obtain Formal Bid documents through a source other than DemandStar (this ensures that we can deliver addenda to all Plan-holders which reduces the likelihood of protests at bid opening time). Membership term: Your membership will begin upon execution of this Agreement and will continue until either party provides thirty (30) days written notice to the other party. Agency: Address: Onvia.com, Inc. 1200 South Pine Island Road Plantation, FL 33324 - 4413 County: Signature: Signature: Name: Name: Title: Title: Date: Date: Ver. 4.0 Page 1 of3 DEFINITIONS USED IN THIS AGREEMENT. "Agency" - means the governmental entity, agency or other organization that entered into this Agreement with Onvia.com, Inc. "Agreement" - means the DemandStar by Onvia Agency Membership Agreement. "Fonnal Bid" - means a bid and associated addenda that require public notification. These can include request for proposals (RFPs), fonnal contracts, and annual buys, but does not include a request for quotation that does not require public notification. "Onvia," "we," or "our" - means Onvia.com, Inc. "Plan-holder" - means a Supplier who has received the specifications for a Formal Bid, "Supplier" - means any provider of goods or services. "DemandStar System", "DemandStar", or "System" - means the web-based software and services provided by Onvia for posting and broadcasting of Fonnal Bids, access to broadcast and Plan-holder reports, and standard-level access to our bid library. "You" or "your" - means the Agency. 1. LICENSE. For the term of this Agreement, Onvia grants Agency, free of charge, a non-exclusive and non-transferable license to use Onvia's DemandStar System as referenced herein. 2. OWNERSHIP. Ownership and all intellectual property rights in the System and in all ideas, processes and works of authorship created in whole or in part during the tenn of this Agreement by Onvia belong exclusively to Onvia. The Agency acknowledges such ownership and intellectual property rights in Onvia, acknowledges that any such work is not a work made by Onvia for hire, and agrees that the Agency will not assert any actions to the contrary. 3. SUPPLIER INFORMATION. The Supplier infonnation provided by the Agency will be used for notification purposes, and will be returned to Agency in its original fonn. Infonnation provided to Onvia's DemandStar network by Suppliers is considered confidential and proprietary to Onvia; however, upon request, Onvia will provide to Agency an up-to-date list of Plan-holders for all bids submitted by Agency through Onvia's DemandStar network. 4. PUBLIC RECORDS REQUESTS. If required by law, and upon written request, Onvia will provide, in electronic or hard copy fonnat, a copy of the original Supplier infonnation updated with the list of Plan-holders for all bids submitted by Agency through Onvia's DemandStar network. Onvia may assess a fee for this service as provided for by law. 5. WARRANTY. The Services provided by Onvia hereunder shall be perfonned in a professional and workmanlike manner and shall substantially confonn to the description of Services set forth herein. THE PRODUCTS AND SERVICES ARE PROVIDED "FREE OF CHARGE TO AGENCY" AND THEREFORE, EXCEPT AS PROVIDED IN THIS PARAGRAPH, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING TITLE, FREE OF DEFECTS, MERCHANTABLE, OR FIT FOR A PARTICULAR PURPOSE. Ver.4.0 Page 2 of3 6. SUPPLEMENTAL SUPPLIERS. In the event that the Agency wishes Onvia to notify non- registered Suppliers of Formal Bids, the Agency may enter a limited list of supplemental Suppliers into the System. No single Supplier will be notified more than 3 times if they are not registered with Onvia. 7. DOCUMENT FULFILLMENT SERVICES. The Agency may choose to have Onvia provide document fulfillment services for printing, shipping, and handling of Formal Bids, addenda and related documents on a case-by-case basis. Onvia will charge the recipients for the services unless the Agency elects to pay for the services. 8. LIMITATION OF LIABILITY. In no event, including but not limited to performance or non- performance by Onvia, shall Onvia be liable to Agency for any amount in excess of $20,000. To the maximum extent permitted by law, in no event shall Onvia be liable for indirect, special, incidental, or consequential damages, including, without limitation, loss of profits, loss of good will, work stoppages, computer failure or malfunction or interruption of business, whether such damages are alleged in tort, contract, indemnity, or otherwise, even ifOnvia has been apprised of the possibility of such damages. 9. GOVERNING LAW. The laws of the State of _F\ or'tda_ Agreement. shall govern this 10. ACTS OF GOD AND OTHER EVENTS. Onvia is not responsible for disruption of Services or non-use of Products due to circumstances beyond its control including, but not limited to: fire, floods, war, civil unrest, severe weather, disruption of electricity or phone service and/or Internet access, or any other unforeseen event or circumstance. 11. NOTICES. All notices under this Agreement shall be in writing and sent by registered or certified mail, postage prepaid, addressed to the party for which it is intended at the address set forth on the first page of this Agreement or to such other address as either party shall from time to time indicate in writing. Any such notice to be deemed to be effective upon receipt or five (5) days from the date of the mailing, whichever occurs first. 12. ENTIRE AGREEMENT. This Agreement, conslstmg of three pages, contains the entire Agreement of the parties and supersedes any prior written or oral understandings or agreements. Ver.4.0 Page 3 of3 .\ MEMORANDUM Department of Administrative Services Purchasing Office TO: James L. Roberts County Administrator ''1 r, Ot Lisa Ernst Cherry)(~ Purchasing Supe~~i~or FROM: DATE: April 9, 2001 RE: DemandStar Agency Membership - I am addressing your questions and concerns regarding the DemandStar program, since Sheila is out of town this week. · Yes, Monroe County bids will definitely get more exposure, DemandStar is ~ nationwide. · A vendor needs to register with DemandStar.com only once. The annual $30.00 fee per county will entitle them to receive automatic notification of new bid/RFP information from any participating agency (school board, sheriff's department, municipalities, etc.) within that county. If a vendor were registered they would just download the bid they were interested in. If a vendor chooses not to register with DemandStar they could still request or pick up a bid package from the Purchasing Office and I would just notify DemandStar with that vendor's information. · Overall we will get more exposure through this agency then are local advertising and for FREE. There are currently 228 agencies and 85,000 vendors registered with DemandStar. In addition, by CES and the School Board going on-line first Monroe County vendors are already aware of the program. If you would like to view the DemandStar site for yourself just go to DEMANDST AR.COM. Please let me know if you would like any additional information. cc: Sheila Barker DemandStar.com About Opening Page Page 1 of 1 DemandStar.com, Inc. (Formerly Information On Demand, Inc.) I\,; ~~ A Community of Agencies and Suppliers DemandStar.com brings government agencies and vendors together in a win-win opportunity: agencies increase their reach to vendors while eliminating associated administrative and advertising costs, and vendors enjoy instant access to all of the agency's procurement information. DemandStar.com is an easy-to-use, efficient and economical network which requires no sophisticated hardware or software. Agencies post requests for proposals, invitations to bid and quotes directly onto DemandStar.com's web site. Vendors can register on-line for multiple agencies and are notified automatically bye-mail or fax of bid opportunities in their chosen commodity codes. Bid documents can be downloaded from the Internet, or ordered by fax or e-mail. Businesses no longer have to spend time monitoring newspapers and agency web sites for new postings. Network members are assured of receiving information as soon as the agency logs it. Call us today at 800-711-1712 to see how DemandStar.com can benefit you. DemandStar.com, Inc. 1200 South Pine Island Rd. 6th Floor Plantation, FL 33324 Tel: 954.577.6500 FAX: 954.577.3941 E-mail info(Q)demandstar.com @ 1998- 2000 DemandStar.com, Inc. All rights reserved http://www.demandstar.comlaboutopening.htm 4/6/2001 MEMORANDUM Department of Administrative Services Purchasing Office TO: Sheila Barker Administrative Services Director Lisa Ernst cherryf:&~CJ Purchasing Supervisor FROM: DATE: April 4, 2001 RE: DemandStar Agency Membership I would like to request approval for Monroe County to join the agency membership of DemandStar. Attached is a copy of the Agency Membership Agreement which details the services DemandStar will provide to us at NO CHARGE. This information has come about through the Joint Purchasing Committee which I am a member of along with Purchasing Agents for CES. FKAA, City of Key West and the School Board. I have seen the demonstration here in Key West at our meetings and at two other out of county seminars I have attended. Since the demonstrations, CES and the School Board have become members and the City of Key West is about to join. DemandStar will come to Key West and give demonstrations for us and train Purchasing staff for FREE. Currently the County department requesting a bid pays for the copies, postage and federal express expenses out of their budaets. With the abolishment of the Copy Clerk position the requesting departments and Purchasing office make copies of the bid packages. In some cases bid packages are two inches thick and have to be bound and also require blue prints. DemandStar would handle all of this at no charae to the County. Purchasing Office would still maintain a bid file, conduct bid openings and prepare the bid tabulations. The department requesting a bid would submit the data via Internet mail or diskette to the Purchasing Office (instead of copies). Purchasing would be responsible for sending all bid documents, addenda, updates, etc. via Internet and/or diskette, to DemandStar. Examples of Cost Savin9s · Advertising costs - currently we pay about $600.00 per bid project. The ads could be decrease tremendously to save money. One Florida County has changed their ad to run every Sunday and it is very short and directs anyone interested in bids to go to the DemandStar site. · Vendor Letters/Applications - last year $260.00 in copies & postage from Purchasing budget. Recent bid aivin9 exact dollar amount soent: Public Works Bid - Outdoor Air Unit Installation at Marathon Government Center Annex Bid books copied at $28.07 each x 7 = $196.49. Bid books mailed @ $3.95 each x 6 = $23.70. 3 Addendum's Addendum #1 - 4 page document sent by fax x 4 = STAFF TIME Addendum #2 - 2 page document (1 page was 11 x 17) sent Federal Express at $14.04 each x 5 = $70.20 Addendum #3 - 1 page document sent by fax x 6 = STAFF TIME Advertising - 3 newspapers = $730.70 Total cost for Copies. Postaae & Federal Exoress for this bid oroiect $290.39 Purchasing Office averages about 80 bids per year. Your consideration and approval to this request would be greatly appreciated.