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Home My Public Portal About12-8480 Onvia for Access to Demand Star System Sponsored by: City Manager RESOLUTION NO. 12-8480 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ONVIA, INC FOR ACCESS TO DEMAND STAR SYSTEM AT NO COST TO THE CITY OF OPA-LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the use of Onvia DemandStar will give the City of Opa-locka an easy-to-use procurement tool that provides online connections with contractors and suppliers; and WHEREAS, with the use of Onvia DemandStar the number of quotes received from qualified suppliers, for bids and RFPs, is expanded, staff productivity will increase, and the City can take advantage of the online comprehensive bid tracking, management tools at no charge; and WHEREAS, there are many agencies that have this tool in place, including City of Miami Gardens, City of N. Miami Beach, City of Miami Springs and Broward College; and WHEREAS, the City Commission desires to authorize the City Manager to enter into an agreement with Onvia, Inc. for access to DemandStar System at no cost to the City of Opa-locka. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to enter into an agreement with Onvia, Inc., for access to DemandStar System at no cost to the City of Opa-locka. Resolution No. 12-8480 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of November, 2012. / i i' YRA T.. LOR MAYOR Attest to: 4. ., 4L.,„_., J. nna Flores C y Clerk Approved as to/form and legal s ^ iency: l ' I Jos, oh. '. - T C' Atto •y Moved by: COMMISSIONE' OLMES Seconded by: COMMISSIONER JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES Of�.L.ocK4., Off p 9 �Z9ry o + A"ORATE� City of Opa-Locka Agenda Cover Memo Commission Meeting November 14, 2012 Item Type: Resolution Ordinance Other Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (EnterXin box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) Ex: General Fund- (EnterXin box) Police Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterXin box) X N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational Bus.&Economic Dev 0 Public Safety Quality of Education Qual.of Life&City Image 0 Communcation Sponsor Name City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ONVIA, INC FOR ACCESS TO DEMAND STAR SYSTEM AT NO COST TO THE CITY OF OPA- LOCKA Staff Summary: Onvia DemandStar provides government purchasing offices with a comprehensive, electronic, and easy- to-use procurement tool that efficiently connects the agency with contractors and suppliers. Benefits of DemandStar include: • More Access to Qualified Suppliers - With Onvia DemandStar we can expand the number of qualified suppliers receiving our quotes, bids and RFPs, increasing competition between bidding suppliers. • Increase Staff Productivity - Spend less time managing the supplier database, supplier inquiries, fulfilling supplier request for opportunity information, and tabulating results. • Save money - At no charge, the City can take advantage of comprehensive online bid tracking, management tools and fulfillment of bid notification, plans and specs, allowing the City to save money due to improved efficiencies and productivity. My agencies (Cities, Counties, School Districts, Utility Authorities, etc.) use this service including the City of Miami Gardens, City of North Miami Beach, City of Miami Springs, and Broward College. There is no cost to a Contractor or Supplier who registers to receive quotes or RFP's from only one agency (i.e. City of Opa-locka). If a Contractor or Supplier from other agencies, their cost is $5.00 per download. Approval Service Agreement between Onvia Inc and the City of Opa-locka LOck.4, `{ NI. (1' it' a PA®rga(43E E Y. griorefiv Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Dorothy Jo son Commissioner Timothy es Commissioner G. 1 • ea Commissioner Ro.. y r � FROM: Kelvin Baker, Sr. , City Man. ::, DATE: October 31, 2012 RE: Resolution: Authorization to enter into an agreement with Onvia Inc. Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ONVIA, INC FOR ACCESS TO DEMAND STAR SYSTEM AT NO COST TO THE CITY OF OPA-LOCKA Description: Onvia DemandStar provides government purchasing offices with a comprehensive, electronic, and easy-to-use procurement tool that efficiently connects the agency with contractors and suppliers. Benefits of DemandStar include: • More Access to Qualified Suppliers - With Onvia DemandStar we can expand the number of qualified suppliers receiving our quotes, bids and RFPs, increasing competition between bidding suppliers. • Increase Staff Productivity - Spend less time managing the supplier database, supplier inquiries, fulfilling supplier request for opportunity information, and tabulating results. • Save money - At no charge, the City can take advantage of comprehensive online bid tracking, management tools and fulfillment of bid notification, plans and specs, allowing the City to save money due to improved efficiencies and productivity. My agencies (Cities, Counties, School Districts, Utility Authorities, etc.) use this service including the City of Miami Gardens, City of North Miami Beach, City of Miami Springs, and Broward College. There is no cost to a Contractor or Supplier who registers to receive quotes or RFP's from only one agency (i.e. City of Opa-locka). If a Contractor or Supplier from other agencies, their cost is $5.00 per download. Financial Impact: No Cost to the City. Implementation Timeline: Immediately upon approval. Legislative History: N/A Recommendation(s): Staff recommends approval. Attachments: Service Agreement between Onvia Inc and the City of Opa-locka PREPARED BY: Faye Douglas, Budget Administrator SERVICE AGREEMENT BETWEEN ONVIA, INC. AND CITY OF OPA LOCKA 1. Introduction This Service Agreement ("Agreement") is entered into between Onvia, Inc. ("Onvia"), a Delaware corporation and the City of Opa Locka ("Institution"). 2. Services Rendered Onvia will provide the Institution with access to its Onvia DemandStar system, which is an Internet-based electronic information system designed to process, distribute, and archive information pertaining to the procurement process of the Institution. 3. Onvia Responsibilities • To allow the Institution to use the Onvia DemandStar system through the Web site located at www.demandstar.com to post documentation to and communicate with suppliers about its solicitations for formal bids, proposals, and informal quote requests. • To automatically notify suppliers that are registered members of the Onvia DemandStar system, and have opted to receive notification service connecting them to the Institution of the Institution's solicitations for formal bids, proposals, and quote requests via electronic mail or facsimile. • To provide links to the Onvia DemandStar Web site through the Web site of the Institution, which will: (a) allow anyone to view bid and proposal information posted to the Onvia DemandStar system by the Institution, (b) allow bid and proposal documents to be electronically downloaded or mail ordered, and (c) allow suppliers to register for memberships and subscriptions to the Onvia DemandStar system. • To provide customer service support to the Institution and suppliers. • To supply the Institution with reference information and instructional materials to facilitate its notification to suppliers of its decision to utilize the Onvia DemandStar system. 4. Institution Responsibilities • To make reasonable efforts to enter all formal and informal purchase request items into the Onvia DemandStar system. • To enter planholder information into the Onvia DemandStar system for any suppliers that obtain bid or proposal documents through a source other than the Onvia DemandStar system (this process ensures that Onvia can deliver newly issued addenda notification to all planholders, which reduces the likelihood of protests due to required information not being delivered to bidders and respondents). • To notify the Institution's suppliers of its decision to utilize the Onvia DemandStar system. 1 5. Charge for Service The service will be provided free of charge to the Institution. 6. Intellectual Property Rights Any copyrightable works, ideas, discoveries, inventions, patents, products, trade secrets, software, trade marks, trade names, service marks, license rights, or other intellectual property rights (collectively, "Intellectual Property Rights") developed in whole or in part by Onvia in connection with the services will be the exclusive property of Onvia. Ownership and all intellectual property rights in the Onvia DemandStar system and in all ideas, processes and works of authorship created in whole or in part during the term of this Agreement by Onvia belong exclusively to Onvia. The Institution acknowledges such ownership and intellectual property rights in the Onvia DemandStar System, acknowledges that any such work is not a work made by Onvia for hire, and agrees that the Institution will not assert any actions to the contrary. 7. Confidentiality Onvia and the Institution each agree not to use any confidential or proprietary information disclosed to it by the other party for its own use or for any purpose other than for the provision of the services pursuant to this Agreement. Each party agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure or use of the confidential information of the other party in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized under this Agreement to have any such information. 8. Warranty Onvia shall provide the services and meet its obligations under this Agreement with due care and skill and in a timely and professional manner. Other than as provided in this Agreement, neither party provides any express or implied warranties, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. 9. Relationship of the Parties Onvia, in furnishing the services, is acting as an independent contractor. In addition, Onvia is not acting as the custodian of the Institution's public records, has not been entrusted with any records belonging to the Institution or the availability of such records for public inspection and copying in accordance with the laws of the State of Florida. 10. Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to the subject matter contained in this Agreement. 2 11. Severability If any provision of this Agreement is found to be illegal or otherwise unenforceable in any respect, that provision will be deemed to be restated to reflect as nearly as possible the original intent of the parties in accordance with applicable law. The remainder of this Agreement will remain in full force and effect. 12. Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law principles. 13. Attorneys' Fees In the event of litigation, the prevailing party shall be entitled to receive reasonable attorneys' fees and costs. 14. Term of Agreement and Termination This Agreement will be effective on the date of execution, or November 1, 2012, whichever is earliest. This Agreement does not have a specified term. This Agreement may be terminated at any time by either party upon 30 days prior written notice to the other party. 15. Amendments No amendment or modification of this Agreement shall be valid or binding unless set forth in writing and duly executed and delivered by each of the parties to this Agreement. 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth above. By ONVIA, INC. CITY OF OPA LOCKA Signature Signature Printed Name Printed Name Title Title Date Date 4 Exhibit A Definitions of terms used in this Agreement Institution: The legal entity that entered into this Agreement with Onvia, Inc., may also be described using the term, "agency". Plan Holder: Any entity that has obtained a copy of the primary governing document of a solicitation for a formal purchase request, such as a bid or proposal. Supplier: Any provider of goods or services, may also be known as a vendor or contractor. 5