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HomeMy WebLinkAboutR-02-1207J-02-913 11/19/02 SE RESOLUTION NO. 02-1207 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE FINDINGS OF THE SELECTION COMMITTEE, PURSUANT TO THE REQUEST FOR PROPOSALS, THAT QWEST IS THE MOST QUALIFIED PROVIDER OF CITYWIDE LONG DISTANCE SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH QWEST, IN SUBSTANTIALLY THE ATTACHED FORM, IN AN ANNUAL AMOUNT NOT TO EXCEED $100,000, FOR AN INITIAL THREE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY, ACCOUNT CODE NO. 460101.510. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission accepts the findings of the Selection Committee that, pursuant to the Request for Proposals, QWEST is the most qualified provider for Citywide long distance services. Section 2. The City Manager is authorized'I to negotiate and execute an agreement with QWEST, in substantially the attached form, to provide Citywide long distance services, in an The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. The original Resolution 02-1207 was replaced by substitute Resolution 02-1207 per memorandum from City Attorney dated 12/30/02. ___.... CITY COMMISSION METING 11 7 �%OF ciL y.. 002 ti n � 7 Resolution No. v ` 02-1207 _ j annual amount not to exceed $100,000, for an initial three-year period, with the option to extend the agreement for three additional one-year periods, with funds allocated from the Department of Information Technology, Account Code No. 460101.510. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 12th day of December 2002. 0&0 MANUEL A. DIAZ, MA ATTEST: PRISCILLA A. T OMPSON CITY CLERK TO JcyxM ALWOSXRECTNESS :)t/ SRO =LARELLO TTORNEY 646SE:tr:AS:BSS -' If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. The original Resolution 02-1207 was replaced by substitute Resolution 02-1207 per memorandum from City Attorney d5S_6P 42Z?0�02. -1207 DEC -13-2002 16:34 CITY CLERKS OFFICE Q-a�sTComWN1CATIONSCORPOR, r tlr � t Qwest. 305 858 1610 P.04 ENKROLLMfI� RM; MASTER ShRVICE. AGREEMENT PUR NLL 2:MD)rRS uNx LLWENTFORMArOMASTER3 RYICE AG EEIIrI -NT rQR 11'GCTA This E11f011men1 Form end Master Service Agreement is made by and between Qwest Communications CriMmation on behalf Ct itself and its affiliates. excluding Qwest Corporation ("QwesL') and-CV3WrrC1" (as defined below), and is effective as of the dale it is executed by both parties ("Effncdve Datc- ). Custumer is execuduY dru Eiuollrticttt Foam and Scrvice Ancaricnt for the purpo7c of purchasing the ~Services" tat defined below) from Qwest The terms and conditions of titin Enrolittlent I-Ortn and Mader Service Agreement are agreed to and arrccplal by: City or Miami Qwest Cotamuniedwafi Corporation Audiuricetl 3ii4tattlt0 Date Signature of Dirrctorof Offer Management � Date Carlos A. Gim epee r City Manaser Print Nome and Title 144 SW Second Avenue Street Address Miallti. FT, 33130.... _ -- City/Sta:0211i MiCTA Membership Number Effective Date I. Definition. Ekhard Fertt211di-7 Print Name of Director of Offer Managetaent Print Nartie of Qwest Sates RepresentadVe GENERAL TERMS AND CONDITIONS "Master Agreemenr" shall refer, collectively. to this Enrollment Form artd Master Service Agreement and any exhibits hereto ("Exhibits"). "Cu.crniner" refers to the MiCTA Consortium member executing this M=Ler Agreement, which membcf l Mime i3 99t forth above. "Domeslic US" shall be defined w the forty-cighl (ab) contiguous United Sw c& "Circuit' shall refer to a QwcsL dedicated digital circuit that is dcpltayed bctwmu two (2) Qwest Dorrlesile US posh&-orpreserlee ("POPS-'). "LEC" shall mean local exchange carrier. "MSC" shat! rcfd Lu MiCTA Service Cnrprirarinn. ",%(7VA Agreement" refers to the December 15, '20W Agreement for Telecommumcations Scr�kes by and between Qwet:t and MSC. OWL J,; 15591 Mile 1 VM. im-00-IVAI ConrrncL M: N/A 02001 Qwcsi Communications Carporatinn PAIL. -(A LM&S a f,'t1S-010913 0013 CouNkiiLial Doc D: City of Mtard Mlcla Caron 10.11.01 rtnn.doe r2-1207 02--1207 DEC -13-2002 16:34 CITY CLERKS OFFICE QWEST C0M.vIUN'1CaTIONS CORPO ")N _. The 5ervi p Cupomer requests that Qwe&7 pro%irte nn a nonezciusivo buyis lar Cusluluer the seryiecs sciecled below CS—Oft '), which Services shall be DTuvided ice accordance with this Master Agreement and the Exhibits Vp1lenhic to eacin patticulat Mvice type. Exhibits for the services selected below Will be rumrhed to this Miutet Agi-ccirient and incorporated herein by this teference. The Qwest Rate and setvicei Schedule a5 ("Service Schedule), found at auro.awest cam under Customer Seryiue raid at 1801 California Street. I' Floor ire rrl+tinn Area Denver. Colorado, iS incurpuhated into this Master Agreement by reference and is i part of rhes Maseor Agreement. To the extent Services are Tariftad, Qwest npplicable Tariffs will apply aid, in such cases, references in this Master Agreernenr in Service Schedulc(s) shall iusicad be deemed to refer to the applicable Tana. `)west may fmm time EO tlme modify the Twiff(s) or Services Schedule(s), Qwest will post ehanpb w die Service Schedules(s) to the web -site listed above ane[ fonrinurd use of the Services will cunblitutc 111"Ptance of the changes. Notwithstanding Ore above, rhe rare% set forth in this Agreement are fixed for the term of this Agreement and tent be modified by Qwcsi via a change to the Service Schedules) or Tariffs, Federal law prohibits Oµ'esl fioiu providing certain In- keginn inEerLATA Iong distance services (i.e.. voice and data service& that originate in such states, private fine with nae enf( point in those states, or toll free service that terminates in such stases) until Qwest has obtained authorization to provide such sclvit..cs if, those states_ Customer represents that it has received from a competitor of Qwest an offer comparable to the uffer set torth in this Master Agreement Check all applicable boxes: ]LK QWEST VOTC.F. SFRV1rFS tF_xhihil A) 0 QWCSTDATA SGRVICES(Exhibit B) QWEST DEDICATED INTERNET ACCESS SFR VICES (Exhlbir C -T . Tn.rtePinn)t (Exhibit C-2 - Out -Of -Region) O QWFST COLLOCATION SERVICES (Exhibit D) O QWEST DEDICATED INTERNET ACCESS AND SHARED WEB HOSTING (Exhibit E i in-Reginn)i (Rxhihir P-1. Chir-of-ReElon) O OWEST VIRTUAL PRIVATE DATA NETWORK SERVICE (Exhibit F) ;❑}( QWEST AUDIOCONFERENCING SERVICE (P-xhlhii (i) O QWEST OPERATOR SERVICGS (Exhibit 11) O QWEST iNTR KATED VOICE AND FAX AND BROADCAST FAX SERVICES (Exhibit t) O QNVESTRETAIL PRFI✓AIL)L_ALLINGCARD AND FROMuriONAL PREPAID CALL.INC CARD SERVICES (Exhibit 1) O QWESTCAMPUSTALKSFRVICR(hithhilK) 305 858 1610 P.05 El`-ROLLMEI ORM MASTER SERVICE AGREEMENT FOR Mit ,vIEd113CRS O QWEST TOTAL CARE (Exhibit L) ❑ QWLSTe$iTG SERVICES (Exhibit M) Customer "City" selects A and Ti above. 3. Availabdity Restrictions (a) The provision of Service under this Mastich Alpecincul is available only to rnemlirm in ewd standing or the MiCTA Consortium ("Member Institutions-) u set forth in the bylaws of the MiCTA Consortium in effect as of December 11. 7.0()f), MSC' and Qwest may modify the tritcria to be a Member Institution under this AEreemrrnh upnn mutual agreement as evidenced by a written amendment to this Master Agreement. Customer represents that it is a Member Institution, (b) 'this Master Agreement Indy be etihferr in altprnvnl by applicable federal and state regulatory authorities. d. Term a_- 1 Terrunntiuu, (a) The term of this Master Agreement shall commence on the first slay or tic fust full billing month following the Cffective Date and shall be for the period of ( ) year ("Initial Term 1 and shall renew on a month to month basis ("Renewal Terns) at the same rates. terms and conditions until either party provides the other with not tear than thirty (30) days advance written notice of its intent to terminate, (h) if (maerner terminates this Messier Agreement prior In the completion of the Initial or Renewal term for reasons other then Cause or if Qwest terminates this Master Agreement for Cause. Cuawurer shall be liable for any charges accrued but nnr paid and any early reirntnarlein rharLms imprised by any third party such as a LEC or otter carrier. In addition. Customer shall be responsible for early termination charges equal to the product of fifty percent of () the number of full months remaininY in du Term multiplied by fii) Cuswmcr's average monthly Qwest invoices through the date of termination. Customer may terminate this Agreement for Cause upon not less than thirty (30) days prior written notice. Cause is defined as a failure by a party to perform a material ubligaliun under this Master Agreement which failure has nut been remedied within thirty (30) days atter receipt of written notice thereof, with the exception that Customer's payment obligations must be renWicd within thirty (30) days of written mriee. (c) 'ihis Muter Agreement strait immediately terminate in the event that: (i) Customer shall cease to be a Member institution; or (ii) the MiCTA Agrcemerit by and between Qwest and MSC, dated December 15- 2000. is ierminalred. In the event ENs Master AEreement is terminwerl pursunnl 10 this WT 104. the parties agree they will negotiate a new agreement for the Sarvicei provided hereunder with the same rates and similar tchlltS Aral Wilditiuni. (d) Unless otherwise expressly stared in any Exhtbtt, if Customer is dissatisfied with the Services or with any term:, conditions, rules, policies, guideline& or praelicts of Qwest Applicable to the Services. Customers sole and exclusive remedy Is ED terminate this Master Agreement upon not less than jU days prior written notice to Qwest. 5. Legislative. Rcgul;ito_yr,or.Jud;cial Aairir r. OMR 0; 43093 Pape 2 VeMion: 09.10-01 Caul Wk N: N/A 10 2W I Ciwest UMmriwnimdons Corpgratim MICTA CDAS M: CDS-D10913.0012 fnnfdm1W CbelU: City o1` 16hami Micta Enroll 10-14-01 Cle.aAw x,2'1207 02-1207 DEC -13-2002 16:34 CITY CLERKS OFFICE Q7,VES'1'r:U4L'v1Utdlf'ATI0N3 CORPOF N lolwithbtaliding Any statement to the contrary enntairled in this ni.1trer Agrcrmcnl, the Exhibits or the Service Schedule. in tete eient that any regulatory accrLLY. It:kishuive body or Court of competent jurisdicbnn pmmtlJgales regulatiuus or modifies cxibting ones including, without limitation. reelftdunb iceal'ding Dsyphulle compensation. access charges attdyor universal service ("Segulacary A4:tivity'), Qwest reserves the right- at ally ume upon thirty (30) days nrxice it practicd under the circumstances. and if thirty days see not practical. rhrn suLh Irsbcr duration that is possible, to: (i) past through 10 Customer all. or a portion of. any charycb or surchirtes directly or indirectly related to atrh Regidamry Acdvily: or fii) mudifY the razes. including army rate guarantees. "wornthrrterm and conditiulis aDDlirable under this blAucr Agreement ander the Service Snhedule to relied the iluv*GL of such RcRulatory Activity. 6. DibcWmer of WarratUio, [1%%L -Sl' MAICF_S NO WARRANTY WHETHER EXPRESS, IMPLIED OR STATUTUXY, AS TO THF. DESCRIPTION, QUALITY. MFACHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICES OR'I'HE I,'TF.RrON`ECTION FACILITIES OR AS TO ANY OTHER MA ITER, ALL OF WHICH WARRANTIES BY QWEST ARE HEUBY EXCLUDED AND DISCLAIMED. 7. Dispute Rewluliuu. Prior tel LUmnimmiug any formal legal proecedin(t in connection with this A reerncnt excludifir any temporary injunctive relief each Furry hereby agrees to contact a representative oFthc other Party to request a rnminS. Each Panyb representative at the meeting shad, at a msnimum, have signing authority for this Agreement or, if higher, authority to resolve the dispute. The Parties agree. rt) 010,e commercially reasonable efl:Orlt to have such meering (either face.t0-face or telephonic or vidrn ennirrencing) within thirty (0) days of The initial T.Zy uma Wild agile to enter Into gond fallh negotiations to resolvc ileo dispute. If the dispute is not resulvtid Nuibualtt to such meeting or 111=6tivS, aidarl Patty shall be permitted to commence formal14al proceedings. 6. Nutidibclusurc. To the extent permitted by law, neither party shall. wlthotu [lie prior written consent of the other party. disclosi or use (except ab cxpressly PrTrnhtcd by. or required to achieve the purposes of, this AtfcCnicoU the COLIMIcuti:d Iidomtatiou of the other party, during The Term of this AereemrM and fnr one (1) year following the expiration or termination hereof. For purposes 01 this Section. Confidential Information shall include but not be limited to, the terms and existence of this Agreement, including pricing. Each DUtty will Bike ICaSUnUblC precaliliOl❑ to pruleLY 111C Udier patly'b CanRdenrial Informaunn using err leitr me tame starward of rare as it uses to maintain the confidentiality of its own confidentlai iniormation. The receiving party may disclose Confidential Information if required by a governmental agency, by an Open Rcauld ALL or similar law, by operation of law. or If necessary In an) proceeding to eunhlish riuhis or obltgahons (miler this AL Bement. 305 858 16117 P.06 RNFROI.I.NfE.' OR10 ")MASTER SERVICE AGREEMENT r OR M. MEMBERS 9. Miscellaneous, (a) Neither party may a=sir_n tent Master Agreement or any of its rights or oblixatiom hereunder without the pnor written t:unwiat of Ilic otter. which eonstni will not be unreasonably withheld or delayed. (b) if any provision of this Masrer agreement is held In he unenforceable. the unenforceable provision shall be construed us nearly ai puibibic to reflect the original intent of the panics and the remaining provisions shall remain in full furtz and effect. (c) All notices shall be in writing and shall be delivered by certified mail return rcCeipt rCQ%1C3tCd or any other delivery system which is capable of ptuvidiva Droof of delivery. Any such nonce Shall he doemed effective on the date of actual delivery. All notices shall be addressed to t_ustomer at the. address set forth on page I of this Master Agreement with uvpicb to City Auomey and Project Administrator at same address. All nndces shall be addn-iced to Qwest at die lallowtag address, Qwest Cornmunieetions Cnrrrnarinn. ATTN: Vice President Legal Aftairs Department, Conuncicial Law, 1801 California Street. 38th Floor, Denver, f'fY Amir. The. addresses set forth herein may be clwlgcd by appropriate notice to the other party (d) Neither party's failure to insist upon strict performance of any provision of this Master Agreement shall be construed w a waiver of any of its rights hereunder. All Latus irul provisions of this Master Agreerr,rai whtr:h should by their TIMUTe tarvtve the Termination of this Muter Agreement shall $0 survive, (e) The terms. representation, warranties, and akVccments of the panics set flmh In this Master AEFCClncnt arc not intended for, nor shall They he fnr the henefit of or enforceable by_ any person or entity that is not a party to this Matter Agreement. (f) All press and media relemes, public announcements and public disclosures: (i) jointly released by both parties; or (ii) released by either of the panirs relating to tiib Muster Agreetbent Or its subject maser (but nor tnrturling any announcement (1) intended solely for the internal distribution by a party to its director. officer and employees or (2) any diSCIUSurci MgUiled by law u1 tegulaliurl), bltail bc, Nriva to the release thereof. approved in writing by both parties. (g) The terms and condition Ot this Master Agreement, including all Exhibits, addenda or attachments, shall prevail notwithstanding any conflicting terms and conditions of any Order Form or other form for purchase or payrucill subndlted by Customer to Qwest. In the event of a conflict between flee terns of any Exhibit, addenda or attachment and the terms of this Master Agreement, the terms of the Exhibit. addenda or attachment shall control. In the event of a wnftict between tau rerms of the Service Schedules and this Master Agreement, the terms of this Muter Agreement shall control. In the event of it conflict between the term; of it Tariff and This Master Agreement, the terms of the Tariff shall control. Notwithstanding the ahnvr. the rates .ser Forth in chic Agreement fire fixed for the term or this Agreement and cannot be modified by Qwest via a change to the Service Schedule(s) or Tariffs. 'I')iis SWwr Al:rectnent, and aJ1 cuuscs of action arising out of this ,Master Agrcemcnt. will be subject to the Communications Act of I V.44, as amended (the "Act'). or, if inv part of this Master Agreement is not governed by the ACT. by the domestic laws of the sting in O:•I R N :43O93 Paye 3 v inion: Oo 19 01 Co-liJCt e. Nhk 90 "(tli 1 ] "l t'nm1n11nIP. DOW COrpOrthOn MICTA CDAS0.COS•0i091;-0UL2 LOMdential rkr.inro,nrminmiblirv,Fnmii10.1$.nit'I'and- 0z-1207 02-1207 DEC -13-2002 16:35 CITY CLERKS OFFICE Q,WEST COI'.'fWNICATIONS COMP N which tt.e Customer s principal office is lucaird without ncttard to its choice of law pnnctples. (h) This Master Agreement, which incorporates oy reference Exhibits A at(d G. Service Schedules and the Tariff. ConSgntres the complete agrewitcut between Customer and Qwest with respect to tate Smvlcrc and supetbedcs tmy prior written or verbal agreements and understanoingc cnneemint such SC]ViWS. Notwithstanding the above, the rates at Forth in this Agreement arc FIXCd for Lite tctm of this Agreement and cant be modified by Qwr•cr via a change to 119C Strvicc Schedulc(s) or Toriffs. This Master Agreement may nnly he amended pursuant to a written =wndmett s1ped by authorized tey„cbtmatives of both Parties. (i) c-ustomm intends to cominue this AgMetnent fur itb auiM cant and to satisfy its obligations herrunder_ Customer agrees it will not use non-appropriotions its a means of tetmtnatlng this Alpecment in order to acauir+c f nictionaAy equivolent products ar services frum a drier] veiny. Customer reasonaW believes that sufficient funds ro dlixharge its ubligatium Cao Attd wN lawfully be appropriated and made av enable for this Iatrpnse. In the Gretl dial Cubtulutt is appropriated insufficient funds. by appropriation, appmpristinn limitation ur gnuu. lu continue payments udder this Agreement and hos no ether funding source lawfully available to it For such purpose (as evidenced by notiuizcd documents provided by Customer and agreed to by Qwcbo. Cubwrttot may terminate this Altrecment by giving Qwest net Im than rNrry M) days prior written notice. upon termination anis to the extent of lawfully available funds. Customer shall remit all amounts due through the date of termination. 305 858 1610 ENROLLIv>EP SRM ` MASTCA SFRVICL At3REEWNT rOR b1i vIEMPERS f1M8 a - a36L.13 Pagc 4 version: 09-19-01 Contact e: NIA 0_DOI Qwcsi Comnm inict"ns Corporaden M1CPA CD&S x: Cus.ntoo I: jt01 ` CorJdentlol DociD: City of Miami Mina &-roll 10.10-01 CleanAuc 02-1207 P.07 02-1207 DEC-13-2002 16:35 CITY CLERKS OFFICE 305 858 1610 P.08 4?VESTroMMUMCATIONS CORK ON IIBIT '-)TNF-ENRQLL.%11r\ l ,jKhl A, :RVICE ACREENIENT FOR Mirl- ,viF.MBERS i rilI :Ir I ti• I QwesL- Ev)uBrr ATO THE ENROC.r.I%ItF.NT FORM AND SERVICF, AGRE. EmENST FOR MiCTA MEMBERS: s PLEMEN . AGRF_FMF.!U FOR 03YEST QNSVOIC$'"ERVICES This Supplemental AgrterMnl fnr Q*'eS[ GNS Voice: Scrviru ("Voive Apcenient") is made by and bciween Qwest CommuniciMon[ Corporation ("Qwwst") and "Customer" (as neminafter defined), 2nd is effeedve as of lho slate it is cxa uted by both p"C3 ("Efrective Date' ), r.M'cp1 that this Voiec Agrccment shill not be effective unless 2nd until Custornet find Qwmr have executed the Entulhucut Form and Servicc Aglvomenf fat MiCTA Members ("Maakr Agreement"). In eeeordanee. with the terms and tondi0rinc of the Maver AgfeeMent Cusionvr Shall receive the "Vuitz Setvit:c" (as her6naftcr defined). The terms 2nd eondft[on[ of thus EXbIL%Ir A are agreed to and accepted City of Nliarni IAuthorized Signamrc Dale carins A. GA.MPnezr CLY Manager Print Name and Title 444 SW Second Avenue street Address - Miami, FL 33130 City/Stetralp H Mt('1'A MP.rrtMichip Nurrther ICl% ctive nate 1. Definition[. (tweet t:oltuuunieati rAd'orporation Sgpm t+re of Diet:ctor of Offer Manapemenr Dau Richard Femandez Print Name of Director of Orret Mtttamwetu Print Name of Qwest Saks Representative TP.RMS Ahlt) rCINnt7tr)N.a 0 (a) "Customer" refers to the entity executing this Voice Agreement, which entity's name is set Forth above, (b) "MSC" refers to the MiCTA Service Corporation. (c) "MiCTA AuTeement" refers to the December 15.20M Agreement fur Trkcummunicalium Scrvit:es by and betwccu Qwcst a11d MSC as it may he amenriM from ume to ttme OMR e - awj3 Post 1 Veru+= 00 10 01 Cmtrwi M: NIA 0 2001 Qwest Carnmuniatfoae Corporation MiCrA COM N: CDS-010413.0012 C.nnnMnl121 LWIL) t_ it n1 Miami Mtrta Y YXA lU•IN•ltt C7 -n tlnr: n'). -19A7 02-1207 DEC -13-2002 16:35 CITY CLERKS OFFICE 305 858 1610 P.09 Qw[sT COMMUNICATIONS CORP" ION HIEr r 0 THE ENROLLMENT rORM A bK V LCI: AQKb1:MbN I' I'OR MiCT,-. MCMBERS r ;fir:d Terms. (b) Charges shall be Invoiced Tnonlhly wid full payment fur ill chwges shall be due within thirty (41) nays of lnvoirP (1110 - Any eapilahl0-.d germ not defined in this Voice Agreemcm shall have the meaning ascribed TO ;irrh term ill die Master S. berm anrtlTtrminadoa Agreement 101 in the Tariff. (a) This Voice Agreement shall be ill Cull Cotte wed effect as of ipllC SGI Yi4e the Effective Late and Sn111 remain in hill force and effect at the scone rates, terms and conditions until termination of the (a) The "Voice Service" shall he defirteQ as Qwest s pfUMi4iUll to Mister Al ccToent. Customer of this Qwest QNS Voice Service(&) selected (h) In addition to theTenninatiutt Chutgeb bel foritl ill the Master belew 0r in it SclriGC Order, as such services are described Agreement or the Tariff, in the event ih n Qwe.ar or flt;rnmer in the Tarlfr. Appendix A utovides additional description shall terminate this Voice Agreement, t:uttonw shall be of Services. liable for: (i) any chorees accrued by Customer but no; paid. and (II). In the event this Voice Agreement 6 Icttllirtwtd Its$ Cl On -Net Virtual Net -ark Service. rhan rhtsr (i) mnn+h; atter the Effective Date. Cusmrner shall be liable for any charges paid by Qwest to any LF -C on ❑ nei lcwed Otubuund 1t Ullk Distance Service. behalf of Ctutomer. XPC Switched (Rebound l+ Long DiStanrP SPrvice. 6. The Mader Agreement_ p Dedicated Inbound SXX Long Distance Service. r=apt as expressly noted in this Voice Agreement, this Voice . Agrcernent is subiea to and incorporates by reference the terms 1l�C Switched Inbound 9XX Lang Mranr.P Service. and rrndirinm of the Mailer Agreement and the Tariff. Mills Voice Agreement, including the Master Agreement and the Tariff, O Intcmatioaal Dedicated Services (inbound and constitutes the complete agreement between Customer and uutlruuud) Qwest with respcol to the Voice Service and superacdes any pfiof +niaem ut vCabal egictrtttnts and understandings International Swtlehed -NMI"; (inhmmnd and concrrnine &itch Vnice Servire. In the event of an inconsistency outbound) between this Voice Agreement and Use Master Agreement. this Voice Agreement shall control. Notwithswndin6 the above. the }PK Calling Cardsrrvice rates sell forth in this Agreement are f3xcd for the term of this Q PIAn I Ayi-cculeni. lattl cannut be inudified by Qwebt via as ciiangr to dic gk plan 3 fiervirP SchedmlP(t) or Tariff; Thi; Voice AgnternP.nr may only be smtended pursuant to a written amendment signed by (b) CmblUtllet uadcistands that a requested Voice Scr+ict(s) authorized representatives of both Parties. may not be available in all areas. Federal law uutemtly prohtlsas Qwest from providing eertafn ]n Tregt(ret Irrrrl.ATA services, "In Reglan- shall Teter to those stales in which Qwca is prohibited by law from providing InterLATA services (including GSP services), which states presently are Arizona Colorado, Idaho. luwa Minrtesutat Muntaua,. Nrhra;ka. New Mexien, Nnrth Dakntd_ Omgon, South Vakora. Latah, wrahinglon. and wyonung: provided, however, that any particular state in which Qwest receives anthodry to provide such InterLATA services shall no lunger be deemed an In-Regiun static. (r) For Pam Voice SPrvir.P. regnPsted (ty I'u;tnmer, CuaMmP.r shall submit to Qwest a written Qwest Service Order Form. es that form may be in effect front time io time ("Service Ofdcr" ). E& h Suvite Order shall mfumicc this Vuicv Agrcemeru and shall hernme. a Parr of rite Voice Agreement when executed by a duly authorized representative of Qwest. Qwe:l reserves the right to reject any Service Ordci. 4. Rales and Chmes: Payment, (a) The rates and charl;es applicabic to flu Voice Service shall be limbi se[ forth in the MICTA Agreement: provlden. huwever. rhm If the MiCTA Agreement doel not set [orifi MIPs and charges applicable to a particular Voice SeNice(s), the rates and charges for such servic;(s) shalt be nezotiawd by the parties On a cast -by -case basis. LIM It N: 4560; Page 2 Versloa: 09.19.01 COMMIcl e, N/A 0 2001 Qwpr Camhwnitadims Corpwadea "=A C'll C1 •: C DS,010013-{1012 Cenfid=Lw DoclD, City of Miami Mico F. A to -18-01 Clan,doc 02-1207 02-120'7 DEC -13-2002 16:36 CITY CLERKS OFFICE 305 858 1610 P.10 QWEST COMMUNICATIONS Cr ZATiON `PENDUC A TO EXHIBIT A PPLEMENTAL AGREEMENT ,OR.QWFSTONS V01CF. SERV ICES ..fir tlrr�� Qwest. APPENDIX A TO EXHIBIT A 4;UPPL1K.%2EN'IAL AC:lIJCLNUNT 1FOR QWEST GNS VOICE SERVICES' ADDITIONAL DESC:RIVFIUN AND OPTIONS Eaton for tbs City DP ,tib Calling Ca=d (Plan 2) Per Minute CharUpm for both Ir -LEL aiui IiiLid6LdLe nUmebLiL RaLe / Minute .1063 Gwitohed Rated Intcrotatc ItiLrea LaLr A►udia Couferenoing Conference Mwe Operahor Assistad BOO most me Meet ma • .0413 .0792 Charge Type getup UpeTator Vial-Uut Rcaervation setup Tall -Free Meet Me Pacccodc Toll -Frac Meet Mc Reservation Sctup DirrcL Dlnl Meet -Me? ranscodc Direct -Dial Meet Me charge $3-00/Site (Waived) $0.305/minute/site NA/ $1.u0/site (wa`ivad) $0.305/MiliuLe/Site $0.210/Minute/Site NA 5:.00/Site (Waived) $A.1RS/biinnto 30.19/Minute/Site n2Vr/ V cry+ 02-120'7 DEC -13-2002 16:36 QwF.SY COMMUNICATIONS COR r,it lit rr •.11d Qwest, CITYCLERKS OFFICE TION 305 e5e 1610 P.11 .XIII$- TO THE ENROLLMENT FORM SERVICE AGREEMENT FOR Mit_, A MEMBMRS EXHIBIT G TO THE ENROLLMENT FORM ANn SERVICE AGREEMENT FOR MICTA MEMBERS: STIPPLE REEMENTPO WEST 'NSAIJU CY7NFESERVICES This Supple=nmi AUCCtnetht fut Qwest Audio Confercncing Services ("Audio Canfereeeing Agreement") is tua& by and between Owc3t Commumeahnn% C:nrMmlon ('QwcsC) artd "Customer" (as hereinafter defined), and rs effective es of the date it h exccutt:d by lxrdh parties ("Effective Date"), except that tM% Audio Confnteuciutt Agreemem shall not be effective unless and until Customer and QwPu have execumd the Entrollmmt Form and Service AgreemPnr (hr MICTA Manims ("Master Agmenicnit'). In accordance ujth the terns and t:uthdition3 or the Mamr Ameement, Customer shall receive the -Audlo f txtferencing Servit.-e" (u_s hereinafter deRncd). The term% and cnnditiun!. of this Exhibit G hue urCcd to and accepted by: (Sty of Miami Qwest Cortut anicadma CorDdration Authonied StgnatnrP Date Sigoatum of Dircetor *coffer Management Late Cariny A. (,i mi- m -z, C'11 -y Mertes et , hsM Fernandez Print Name amid T'ttc Print Name of Director of Offer Management 444Sw second Avenue Strcct Add=3 Miami, FL 33130 1 City/State/ZIP 1 MiCTA Mcmb1:r3W11 Nutnbcr Effective Date I I)PMtrinns. Prim Name of Qwest Sales Represtrim P TERMS AND CONDITIONS j (a) "Customer" refers to the maty eaecuung till[ Audio Conferencing Agreemem. which entlry-s Till MP 19 %er forth abuse, (b) "MSC-' refers to the MICTA Service Corporation. (Q "MICTA Agreement" refers to the DcoembtT 15.2000 Agreement for Teleeommunieadom Services by and between Qwest mid MSC as it may be amended. OMR 0: 43693 Page t Version: 09.19.01 Cont act ♦; N/.4 O 2001 Q,+@, Cwomunicutiwu Cut{w,atim. MICTA CD&S e. COS -M90, -M2 Confidential DrAlm Cihr of Miami Micta Ea C 10-16 of C{ean.doe 02-1207 02-1207 DEC -13-2002 16:36 CITY CLERKS OFFICE 305 858 1610 P.12 Qw E,ST COMMUNICATIONS COR" TioN XHIBIT ri TO TNM. HWUL MI-.vT CORM SERVICE AGREEMENT FOR M. . MEMBERS Ter capitalized term nut defined in thi9 and incorporates by refetrnce the ictms and eonditians of the 3.iwli .Any AQrccmem shall have the meaninr sxiibcd Masa Agnscrnoot and the Tanff. This Audio Conferencing Audio Guufercncing or in the 'tariff A me0t, including the Master Agreement and the Tai rf. to m ch term in the Ivlaster AgrCCMCnt COnsdtutei the CuutN CIC agrtcment between C:ustonwr and Qwest with respect 10 the Audio Conkrencing Scrvicc and 3. The A dip C nfOrpncln supersedes any prior wrinen in verbal agrccllxnts and WThe "Audio Conferencing Servile" 4tt211 be define! as understandings CDMernin such Audiu Coufcteucing 6 S Service. In the event of an inconsistency between rhla gwest s pruvisiou to Customer of the Qwest Andin %eryicep). as such services are dcrcnbed in Audio Coulertticing Altmement and the Muter Conferencing Agreeount, this Audio Confereucing AStCCmcnt shall the Tarill: (b) Customer understands that at regiimmd 3civire(s) clay not control. Notwithstanding the shove. the rates stt futth in be available in oll areas, Federal law currently pruhibiu from certain In Region inwL.ATA Servkes, this Agreement are fixed for the term of rhls Agreement mid cutnot be modified by Qwest via a change to the Qwest providing "In Region- Shall refer w those stales in which West is Service S%]aaluk(s) or Tariffs. This Audio (Anttrenting prohibited try law from providuiil IritcrLArA servioes Agreement may only be miicnded pursuant to a written amendment signed by aurhorir-ed irvicscmtativcs of both (including GSp services). whlrh %cotta presentlY are Arizona, Colorado. Idaho, Iowa, Mlnrresnta. MvrltrLla. parties- Nebr:uka. New Mcxieo. North Dakota. Oregon. Snudt palrnra, Iltah, Waallirigton, and Wyortiing- provided, however, that any rarricular state in which Qwest teoeives authority to provide such Inierl ATA services shall no lurrRet be deemed an bi-Region state, (c) For each $erylLt icRucsted by Customer, Customer shall submit to QWP.%r a written Qwcst Scrvicc Order Form, as that torm may be in effr-ct from time to time ("Service Order"). Each Service Older 41211 tefctcilce this Agreement and shall become a pact of the agmemeil when eAecuted by a duly authorized representative of 1Awe41. Qwesc reserves the right w Iciocr any Service Order. 3. Itates and, charges; Payintnt. (a) Tlrc sates and chances applicable to the Audio Conferencing Service shall be rhosc set forth it, tlic MiCTA Abrccroant; provided. however. that if MP. MirTA Agrcaueut does not set forth rates and charges applicable to a pardrul2r Audiu Con&rcncing Scrvice(s), the rate& and charges for sorb set vii:c(s) shall be ocgotiatCd by the parties On a case -by -cage hati%. (b) Charges shall be in,-oicrd monrhiy and full payment ft all charges shall be due within thirty (30) days of invoice date 5. Term and Trrrninat im. (a) This Audio Conferencing Agreeoient shall be in full Wet told effect as of the Effective Dote olid shall remain in full force and effect at the same rdues, terinb and conditions until ternunminn of the Vlaaer Agreement (b) In addition to the Termination Lharges set forth in rhe Mauer Agreement or the Tariff. in the event that Qwest of Customer skull lcnniultc this Audio Conferencing Agreement, i'u%ronwr %hall be liable flu; (i) uuy charges accrued by Customer but not paid- and (li), in rhe event this Audio Conferencing Agreement is terminated less then 1". (i) months after tli- Effcctive Date, Customer shall be liable for any charges paid by Owmi to arty LEC on behalf of customer. 0. The Master Arr"rni m - (a) Except u !Vhf"Swv now.d in ftAudio Cuufcrcir6nt Agreement, this Audio Conferencing Agreemem i% whjecl to UNIR 0: asap Page ^_ C'o-tear, e• via 0 2DOI QU01 CtNnInY4i4jtiu4a Ver;irmi Uo-lu•ln Ngvotatioa tllf-T,a ('n,t<.ti a: Cris.011 0-00C Coriridemial ",ID, City of Miami thaw 9% C IO-IY-Dt Clean.st 02-1207 TOTAL P.12 o2-1207 TO: FROM: DATE: RE: Priscilla A City Clerk Alejandro V' City Att(o Dec (J-02-913) CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM Scrivener's Error -Resolution No. 02-1207 Resolution No. 02-1207, adopted November 19, 2002, contains a scrivener's error as to the costs for long distance telephone service by Qwest Communications Corporation. The Resolution erroneously reflects ... in an amount not to exceed $100, 000, for an initial three- year period.... The memorandum submitted in the Agenda Packet (attached) for this Resolution clearly indicates that the services are ...at an estimated annual cost not to exceed $100, 000, with the option to extend for three additional one-year periods..... The attachment, which is a substitute original resolution to replace the document you presently possess as Resolution No. 02-1207, has been revised to reflect the proper costs of an annual amount not to exceed $100,000 for long distance telephone service. After the correct document has been executed, please forward a copy to this Office, Pamela E. Burns of the Department of Purchasing, and Elaine Buza of the Department of Information Technology. This memorandum may be attached to Resolution No. 02-1207 so that any concern regarding the substitution of said Resolution is clarified. W809:BSS Attachments c: Pamela E. Burns, Department of Purchasing Elaine Buza, Department of Information Technology CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and DATE: FILE: Members of the City Commission SUBJECT: Resolution Accepting Findings of Long Distance Services FROM: Carlos A. Gimenez REFERENCES: RFP Selection Committee City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution accepting the findings of the Citywide Long Distance Telephone Services RFP selection committee, which recommends the selection of Qwest as the provider of citywide long distance services. Qwest, the sole respondent to the Citywide Long Distance Telephone Services RFP invitation, was deemed by the selection committee to be responsive in all aspects of the proposal. Moreover, the resolution authorizes the City Manager to negotiate and execute an agreement, in a form acceptable to the City Attorney, with Qwest for an initial period of three years, at an estimated annual cost not to exceed $100,000, with the option to extend for three additional one-year periods. Funds for this service are to be allocated from the Department of Information Technology, account code 460101.510. BACKGROUND: The Citywide Long Distance Telephone Services RFP selection committee has analyzed the proposal received from the sole respondent, Qwest, to RFP No. 01-02-149 for the provision of citywide long distance services. Fifteen RFP invitations were mailed and one response was received. Qwest, as the sole respondent, has been deemed by the selection committee to be responsive in all aspects of the proposal. The selection committee unanimously recommends the acceptance of this proposal and the selection of Qwest as the City's provider of citywide long distance services. Expenditures for this service will be made from Department of Information Technology, account code 460101.510. p CAG /AGS/NMG/ecb Budgetary Impact Analysis 1. Department Information Tech. Division Te1_ecomm��s 2. Agenda Item # rf available) 3. Title and brief description of legislation or attach ordinancelresolutioa. Recommendation to accept findings of h .nnQ•njQ}rge Services RFP�Selection comms P 4. Is this item related to revenue? N()• x YES of yes, skip.to item #7.) 5. Are there sufficient funds in Line icem: • ' YES: xx Index Code 46o ] n i Minor Obj. Code -, i n Amount $ 1 oo , npa NO: _ Complete the following questions.iVailgb%, ��urxe fE5 0� 10141001' 6. Source of funds: Amount budgeted in the Line Item $— a/ 0'7 Amount needed in the Line Item $ /GSD. 00 D Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL Index/Minor Object/Project No. From $ To $ 7. Any additional comments? Approved by: 8. Aldo Stancato, CIO Department Director/Desicnee balte FOR*DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY Verified by: Verified by: p gement and gKldpt I}irectorMesignee Date —10 1 qOZ- Date 1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM C1Tfi" >Ia(;EkS OFFICE 8: 3 TO: Carlos A. Gimenez DATE : October 7, 2002 FILE: City Manager SUBJECT: Findings of Long Distance Services RFP Selection Committee FROM: Elaine Collett Buza REFERENCES: Telecommunications Administrator Department of Information Technology ENCLOSURES: The Citywide Long Distance Telephone Services RFP selection committee has analyzed the proposal received from the sole respondent, Qwest, to RFP No. 01-02-149 for the provision of citywide long distance services. Fifteen RFP invitations were mailed and one response was received. Qwest, as the sole respondent, has been deemed by the selection committee to be responsive in all aspects of the proposal. The tabulation summary, listing the evaluation committee members, the evaluation criteria, and the ratings, is attached. The selection committee unanimously -recommends the acceptance of this proposal and the selection of Qwest as the City's provider of citywide long distance services. Since Qwest is currently our citywide long distance services provider, there will be no charges incurred to transition to a new provider. The pricing proposed by Qwest is the same as the current pricing structure that was offered to the City in the one-year contract that the City executed with Qwest in November, 2001. Approximately seventy- five percent of the City long distance calls are interstate which has been proposed at the current rate of .0413 per minute. The intralata or local long distance (Broward County) and the intrastate (within the State of Florida) rate has been proposed at the current rate of .0782 per minute. International rates are dependent on the county to which the call is being placed, but the rates current and proposed range between .0413 per minute (Puerto Rico) and .4446 per minute (Trinadad). Expenditures for this service will be made from Department of Information Technology, account code 460101.510. City Manager c: Robert Nachlinger Aldo Stancato Neyda Galvez t'u 1' CAG/RJN/A(JS/NMG/ecb A/-8/6� Date 16 Name of Proposer: QWeSt EVALUATION CRITERIA TABULATION SUMMARY RFP 01-02-149 LONG DISTANCE TELEPHONE SERVICES MAX. RATER RATER RATER POINTS # 1 # 2 # 3 QUALIFICATIONS & EXPERIENCE 20 13 18 19 ABILITY TO PERFORM 25 20 22 25 FEE / COST PROPOSAL 45 40 40 40 MINORITY /WOMEN PARTICIPATION 5 0 5 0 LOCAL PREFERENCE 5 0 5 0 TOTAL POINTS 100 73 90 84 Rater # 1: Jim Vance, Telecommunications Manager, N. Broward Hospital District Rater # 2: David Mattison, Cable & Telecommunications License Admin, Miami -Dade Co. Rater # 3: Elaine Collett Buza, Telecommunciations Admin, City of Miami ACCEPTANCE OF CITY MANAGER AND EVALUATION COMMITTEE'S RECOMMENDATION RFP NO. 01-02-149 ITEM: Long Distance Services DEPARTMENT: ITD TYPE: Contract REASON: It is recommended that Qwest, the sole respondent be accepted as the provider, for citywide long distance telephone services, for the Department of Information Technology; authorizing the City Manager to negotiate and execute a Service Agreement, for an initial period of three (3) years, with the option to extend for three (3) additional one-year periods, at an estimated annual cost not to exceed $100,000; allocating funds therefore from the Department of Information Technology, Account Code No. 460101.510. Director of Purchasing ��� � a �"'_ Date AwardlssueRFP J- 913 1 0/2 /02 RESOLUTION NO. 02-1207 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH TTACHMENT(S), ACCEPTING THE FINDINGS OF THE LECTION COMMITTEE, PURSUANT TO THE REQUEST FOR PR POSALS, THAT QWEST IS THE MOST QUALIFI PRO DER OF CITYWIDE LONG DISTANCE SERVIC ; AUTH IZING THE CITY MANAGER TO NEGOTIATE D EXECUT AN AGREEMENT WITH QWEST, IN SUBSTANT ALLY THE AT CHED FORM, IN AN AMOUNT NOT TO XCEED $100,000, FOR AN INITIAL THREE-YEAR PERIO , WITH THE OPTIO TO EXTEND FOR THREE A ITIONAL ONE-YEAR P IODS; ALLOCATING FUNDS ROM THE DEPARTMENT 0 INFORMATION TECHNOLOG ACCOUNT CODE NO. 46010% 510. BE IT RESOLVED BY THE OMMISSION O THE CITY OF MIAMI, FLORIDA: Section 1. The City Commis i n accepts the findings of the Selection Committee that, p rs nt to the Request for Proposals, QWEST is the most qua fied pr vider for Citywide long distance services. Section 2. The City Manager is author zed' to negotiate and execute an agreeme with QWEST, in su tantially the attached form, to Prov' e Citywide long distance se vices, in an 1� The here/inuthorization is further subject to compliance with all reqents that may be imposed by the City Attor ey, includinnot limited to those prescribed by applicable C tyCharterode provisions. TT A CHN'tE�MT cc F14 ED CITY COMMISSION MEETINIG OF Nov 1 0, 2002 RL -solution No. 02-120'7 amount\en ceed $100,000, for an initial three-year period, with tto extend the agreement for three additional one- year with funds allocated from the Department of Informnology, Account Code No. 460101.510. S. This Resolution shall become fective immedin it adoption and signature of the May r.�/ PADOPT D this 19th day of Novemb r 2002. . DIAZ, ATTEST: AA4'e enc z . �.v vii w PRISCILLA A. THOMPS CITY CLERK _ 11 AS 2rFORM AND CO,RECTNESS:V nJAUERO VIL. ITYATTORNEY 646:tr:AS:BSS ai f the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 X32-120"7 Q -NEST COMMUNICATIONS CORPORA frill (id Qwest. ENROLLNMN RM AND MASTER SERVICE AGREEMENT 1 -UR MiCTA MEMBERS ENROLLMENT FORM AND MASTER SERVICE AGREEMENT FOR MiCTA MEMBERS This Enrollment Form and Master Service Agreement is made by and between Qwest Communications Corporation on behalf of itself and its affiliates, excluding Qwest Corporation ("Qwest") and "Customer" (as defined below), and is effective as of the date it is executed by both parties ("Effective Date"). Customer is executing this Enrollment Form and Service Agreement for the purpose of purchasing the "Services' (as defined below) from Qwest. The terms and conditions of this Enrollment Form and Master Service Agreement are agreed to and accepted by: City of Miami Authorized Signature Qwest Communiodtj6p§ Corporation Date Sigrrature of Director of Offer Management Date Carlos A. Gimenez, City Manager Print Name and Title 444 SW Second Avenue Street Address Miami, FL 33130 City/State/LIP MiCTA Membership Number Effective Date 1. Definitions. Richard Fernandez Print Name of Director of Offer Management Print Name of Qwest Sales Representative GENERAL TERMS AND CONDITIONS "Master Agreement" shall refer, collectively, to this Enrollment Form and Master Service Agreement and any exhibits hereto ("Exhibits"). "Customer" refers to the MiCTA Consortium member executing this Master Agreement, which member's name is set forth above. "Domestic US" shall be defined as the forty-eight (48) contiguous United States. "Circuit" shall refer to a Qwest dedicated digital circuit that is deployed between two (2) Qwest Domestic US points -of presence ("POPs"). "LEC" shall mean local exchange carrier. "MSC" shall refer to MiCTA Service Corporation. "MiCTA Agreement" refers to the December 15, 2000 Agreement for Telecommunications Services by and between Qwest and MSC. OMR N: 55693 Page 1 Version: 09-19-01 Contract M: N/A ® 2001 Qwest Communications Corporation MICTA CD&S M: CDS-010913-0012 Confidential Doc1D: City of Miami Micta Enroll 10-18.01 Clean.doc 02-120"7 QWEST'COM]MLTNICATIONS CORPOR ON 2. The Services. Customer requests that Qwest provide on a nonexclusive basis to Customer the services selected below ("Services"). which Services shall be provided in accordance with this Master Agreement and the Exhibits applicable to each particular service type. Exhibits for the services selected below shall be attached to this Master Agreement and incorporated herein by this reference. The Qwest Rate and Services Schedule #5 ("Service Schedule"), found at www.gwest.com under Customer Service and at 1801 California Street. I` Floor Reception Area, Denver, Colorado, is incorporated into this Master Agreement by reference and is a part of this Master Agreement. To the extent Services are Tariffed, Qwest applicable Tariffs will apply and. in such cases, references in this Master Agreement to Service Schedule(s) shall instead be deemed to refer to the applicable Tariff. Qwest may from time to time modify the Tariff(s) or Services Schedule(s). Qwest will post changes to the Service Schedules(s) to the web -site listed above and continued use of the Services will constitute acceptance of the changes. Notwithstanding the above, the rates set forth in this Agreement are fixed for the term of this Agreement and cannot be modified by Qwest via a change to the Service Schedule(s) or Tariffs. Federal law prohibits Qwest from providing certain In - Region InterLATA long distance services (i.e., voice and data services that originate in such states, private line with one end point in those states, or toll free service that terminates in such states) until Qwest has obtained authorization to provide such services in those states. Customer represents that it has received from a competitor of Qwest an offer comparable to the offer set forth in this Master Agreement. M QWEST VOICE SERVICES (Exhibit A) ❑ QWEST DATA SERVICES (Exhibit B) ❑ QWEST DEDICATED INTERNET ACCESS SERVICES (Exhibit C -I - In -Region); (Exhibit C-2 - Out -Of -Region) ❑ QWEST COLLOCATION SERVICES (Exhibit D) O QWEST DEDICATED INTERNET ACCESS AND SHARED WEB HOSTING (Exhibit E -I - In -Region); (Exhibit E-2 - Out -Of -Region) ❑ QWEST VIRTUAL PRIVATE DATA NETWORK SERVICE (Exhibit F) XIX QWEST AUDIOCONFERENCING SERVICE (Exhibit G) ❑ QWEST OPERATOR SERVICES (Exhibit H) ❑ QWEST INTEGRATED VOICE AND FAX AND BROADCAST FAX SERVICES (Exhibit 1) ❑ QWEST RETAIL PREPAID CALLING CARD AND PROMOTIONAL PREPAID CALLING CARD SERVICES (Exhibit 1) ❑ QWEST CAMPUSTALK SERVICE (Exhibit K) ENROLLIvIEI JRM AND MASTER SERVICE AGREEMENT FOR MiCTA MEMBERS ❑ QWEST TOTAL CARE (Exhibit L) ❑ QWEST eSITE SERVICES (Exhibit M) Customer "City" selects A and G above. 3. Availabilitv Restrictions. (a) The provision of Service under this Master Agreement is available only to members in good standing of the MiCTA Consortium ("Member Institutions") as set forth in the bylaws of the MiCTA Consortium in effect as of December 15, 2000. MSC and Qwest may modify the criteria to be a Member Institution under this Agreement upon mutual agreement as evidenced by a written amendment to this Master Agreement. Customer represents that it is a Member Institution. (b) This Master Agreement may be subject to approval by applicable federal and state regulatory authorities. 4. Term and Termination. (a) The term of this Master Agreement shall commence on the first day of the first full billing month following the Effective Date and shall be for the period of ( ) year ("Initial Term") and shall renew on a month to month basis ("Renewal Term") at the same rates, terms and conditions until either party provides the other with not less than thirty (30) days advance written notice of its intent to terminate: (b) If Customer terminates this Master Agreement prior to the completion of the Initial or Renewal term for reasons other than Cause or if Qwest terminates this Master Agreement for Cause, Customer shall be liable for any charges accrued but not paid and any early termination charges imposed by any third parry such as a LEC or other carrier. In addition, Customer shall be responsible for early termination charges equal to the product of fifty percent of (i) the number of full months remaining in the Term multiplied by (ii) Customer's average monthly Qwest invoices through the date of termination. Customer may terminate this Agreement for Cause upon not less than thirty (30) days prior written notice. Cause is defined as a failure by a party to perform a material obligation under this Master Agreement which failure has not been remedied within thirty (30) days after receipt of written notice thereof, with the exception that Customer's payment obligations must be remedied within thirty (30) days of written notice. (c) This Master Agreement shall immediately terminate in the event that: (i) Customer shall cease to be a Member Institution; or (ii) the MiCTA Agreement by and between Qwest and MSC, dated December 15, 2000. is terminated. In the event this Master Agreement is terminated pursuant to this section, the parties agree they will negotiate a new agreement for the Services provided hereunder with the same rates and similar terms and conditions. (d) Unless otherwise expressly stated in any Exhibit, if Customer is dissatisfied with the Services or with any terms, conditions. rules, policies, guidelines, or practices of Qwest applicable to the Services. Customer's sole and exclusive remedy is to terminate this Master Agreement upon not less than 30 days prior written notice to Qwest. 5. Legislative. Resulatory or Judicial Activity. OMR #: 45693 Page 2 Version: 09-19-01 Contract #: N/A O 2001 Qwest Communications Corporation MICTA CD&S #: CDS-010913-0012 Conl-idential Doc1D: City of Miami Micta Enroll 10-18-01 Clean.doc 02-.1207 QWEST r-O�,L-JUNICATIONS CORPORi N Notwithstanding any statement to the contrary contained in this Master Agreement, the Exhibits or the Service Schedule, in the e,ent that any regulatory agency, legislative body or court of competent jurisdiction promulgates regulations or modifies existing ones including. without limitation, regulations regarding payphone compensation, access charges and/or universal service ("Regulatory Activity"), Qwest reserves the right, at any time upon thirty (30) days notice if practical under the circumstances, and if thirty days are not practical, then such lesser duration that is possible, to: (i) pass through to Customer all, or a portion of, any charges or surcharges directly or indirectly related to such Regulatory Activity; or (ii) modify the rates, including any rate guarantees. and/or other terms and conditions applicable under this Master Agreement and/or the Service Schedule to reflect the impact of such Regulatory Activity. 6. Disclaimer of Warranties. QWEST MAKES NO WARRANTY WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICES OR THE INTERCONNECTION FACILITIES OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY QWEST ARE HEREBY EXCLUDED AND DISCLAIMED. 7. Dispute Resolution. Prior to commencing any formal legal proceeding in connection with this Xgreement excluding any temporary injunctive relief, each Party hereby agrees to contact a representative of the other Party to request a meeting. Each Partv's representative at the meeting shall, at a minimum, have signing authority for this Agreement or, if higher, authority to resolve the dispute. The Parties agree to utilize commercially reasonable efforts to have such meetin (either face-to-face or telephonic or video conferencing within thirty (30) days of the initial request and agree to enter into good faith negotiations to resolve the dispute. If the dispute is not resolved pursuant to such meeting or meetinus, either Party shall be permitted to commence formallegal proceedings. 8. Nondisclosure. To the extent permitted by law, neither party shall, without the prior written consent of the other party, disclose or use (except as expressly permitted by, or required to achieve the purposes of, this Agreement) the Confidential Information of the other party, during the Term of this Agreement and for one (1) year following the expiration or termination hereof. For purposes of this Section, Confidential Information shall include, but not be limited to, the terms and existence of this Agreement, including pricing. Each party will take reasonable precautions to protect the other party's Confidential Information, using at least the same standard of care as it uses to maintain the confidentiality of its own confidential information. The receiving party may disclose Confidential Information if required by a governmental agency, by an Open Record Act or similar law, by operation of law, or if necessary in anv proceeding to establish rights or obligations under this Agreement. ENROLLMEI ORM AND MASTER SERVICE AGREEMENI rOR MiCTA )AEMBERS 9. Miscellaneous. (a) Neither party may assign this Master Agreement or any of its rights or obligations hereunder without the prior written consent of the other, which consent will not be unreasonably withheld or delayed. (b) if any provision of this Master Agreement is held to be unenforceable, the unenforceable provision shall be construed as nearly as possible to reflect the original intent of the parties and the remaining provisions shall remain in full force and effect. (c) All notices shall be in writing and shall be delivered by certified mail return receipt requested or any other delivery system which is capable of providing proof of delivery. Any such notice shall be deemed effective on the date of actual delivery. All notices shall be addressed to Customer at the address set forth on page 1 of this Master Agreement with copies to City Attorney and Project Administrator at same address. All notices shall be addressed to Qwest at the following address: Qwest Communications Corporation, ATTN: Vice President Legal Affairs Department, Commercial Law, 1801 California Street, 38'h Floor, Denver, CO 80202. The addresses set forth herein may be changed by appropriate notice to the other party. (d) Neither party's failure to insist upon strict performance of any provision of this Master Agreement shall be construed as a waiver of any of its rights hereunder. All terms and provisions of this Master Agreement which should by their nature survive the termination of this Master Agreement shall so survive. (e) The terms, representations, warranties, and agreements of the parties set forth in this Master Agreement are not intended for, nor shall they be for the benefit of or enforceable by, any person or entity that is not a party to this Master Agreement. (f) All press and media releases, public announcements and public disclosures: (i) jointly released by both parties; or (ii) released by either of the parties relating to this Master Agreement or its subject matter (but not including any announcement (1) intended solely for the internal distribution by a party to its directors, officers and employees or (2) any disclosures required by law or regulation), shall be, prior to the release thereof, approved in writing by both parties. (g) The terms and conditions of this Master Agreement, including all Exhibits, addenda or attachments, shall prevail notwithstanding any conflicting terms and conditions of any Order Form or other form for purchase or payment submitted by Customer to Qwest. In the event of a conflict between the terms of any Exhibit, addenda or attachment and the terms of this Master Agreement, the terms of the Exhibit, addenda or attachment shall control. In the event of a conflict between the terms of the Service Schedules and this Master Agreement, the terms of this Master Agreement shall control. In the event of a conflict between the terms of a Tariff and this Master Agreement. the terms of the Tariff shall control. Notwithstanding the above, the rates set forth in this Agreement are fixed for the term of this Agreement and cannot be modified by Qwest via a change to the Service Schedule(s) or Tariffs. This Master Agreement, and all causes of action arising out of this Master Agreement, will be subject to the Communications Act of 193.1, as amended (the "Act"). or, if any part of this Master Agreement is not governed by the Act, by the domestic laws of the state in OMR #: 45693 Page 3 Version: 09-19-01 Contract #: N/A 0 2001 Qwest Communications Corporation MICTA CD& -S #: CDS-01091,-0012 Confidential DoclD: City of Miami Ndicta Enroll 10-18-01 Clean.doc QWEST COMMUNICATIONS CORPORf N ENROLLMEr DRM AND MASTER SERVICE AGREEMENT FOR MiCTA MEMBERS which the Customer's principal office is located without regard to its choice of law principles. (h) This Master Agreement, which incorporates by reference Exhibits A and G, Service Schedules and the Tariff, constitutes the complete agreement between Customer and Qwest with respect to the Services and supersedes any prior written or verbal agreements and understandings concerning such Services. Notwithstanding the above, the rates set forth in this Agreement are fixed for the term of this Agreement and cannot be modified by Qwest via a change to the Service Schedule(s) or Tariffs. This Master Agreement may only be amended pursuant to a written amendment signed by authorized representatives of both parties. (i) Customer intends to continue this Agreement for its entire term and to satisfy its obligations hereunder. Customer agrees it will not use non -appropriations as a means of terminating this Agreement in order to acquire functionally equivalent products or services from a third party. Customer reasonably believes that sufficient funds to discharge its obligations can and will lawfully be appropriated and made available for this purpose. In the event that Customer is appropriated insufficient funds, by appropriation, appropriation limitation or grant, to continue payments under this Agreement and has no other funding source lawfully available to it for such purpose (as evidenced by notarized documents provided by Customer and agreed to by Qwest), Customer may terminate this Agreement by giving Qwest not less than thirty (30) days prior written notice. Upon termination and to the extent of lawfully available funds. Customer shall remit all amounts due through the date of termination. OMR #: 45693 Page 3 Version: 09-19-01 Contract k: N/A O 2001 Qwest Communications Corporation MICTA CD&S #: CDS-01091 3-001' Confidential Doc ID: City of Miami Micta Enroll 10-I8-01 Clean.doc 02-1207' QWEST COMMUNICATIONS CORPOF ON . tr tl# 01, rs Qwest. i1BIT A TO THE ENROLLMENT ,jRM AND SERVICE .AGREEMENT FOR MiCTA MEMBERS EXHIBIT A TO THE ENROLLMENT FORM AND SERVICE AGREEMENT FOR MiCTA MEMBERS: SUPPLEMENTAL AGREEMENT FOR OWEST GNS VOICE SERVICES This Supplemental Agreement for Qwest GNS Voice Services ("Voice Agreement") is made by and between Qwest Communications Corporation ("Qwest") and "Customer" (as hereinafter defined), and is effective as of the date it is executed by both parties ("Effective Date"), except that this Voice Agreement shall not be effective unless and until Customer and Qwest have executed the Enrollment Form and Service Agreement for MiCTA Members ("Master Agreement"). In accordance with the terms and conditions of the Master Agreement, Customer shall receive the "Voice Service" (as hereinafter defined). The terms and conditions of this Exhibit A are agreed to and accepted by: City of Miami Qwest Communicariol&,,.f'orporation Authorized Signature Date Carlos A. Gimenez, City Manager Print Name and Title 444 SW Second Avenue Street Address Miami, FL 33130 City/State/ZIP MiCTA Membership Number Effective Date 1. Definitions. Signature of Dirtctor of Offer Management Date Richard Fernandez Print Name of Director of Offer Management Print Name of Qwest Sales Representative TERMS AND CONDITIONS (a) "Customer" refers to the entity executing this Voice Agreement, which entity's name is set forth above. (b) "MSC" refers to the MiCTA Service Corporation. (c) "MiCTA Agreement" refers to the December 15, 2000 Agreement for Telecommunications Services by and between Qwest and MSC as it may be amended from time to time. OMR #: 45693 Page 1 Version: 09-19-01 Contract #: N/A © 2001 Qwest Communications Corporation MICTA CD&S ##: CDS-010913-0012 Confidential Doc1D: City of Miami Micta Ex A 10-18-01 Clean.doc 02-120'7 Q`NEST COM'NIUNICATIONS CORPC ION HIBIT A TO THE ENROLLMENT rORM AND SERVICE AGREEMENT FOR MiCTA MEMBERS 2. Caaitalized Terms. (b) Charges shall be invoiced monthly and full payment for all charges shall be due within thirty (30) days of invoice date. Any capitalized term not defined in this Voice Agreement shall have the meaning ascribed to such term in the Master 5. Term and Termination. Agreement or in the Tariff. (a) This Voice Agreement shall be in full force and effect as of 3. The Voice Service. the Effective Date and shall remain in full force and effect at the same rates, terms and conditions until termination of the (a) The "Voice Service" shall be defined as Qwest's provision to Master Agreement. Customer of the Qwest GNS Voice Service(s) selected (b) In addition to the Termination Charges set forth in the Master below or in a Service Order, as such services are described Agreement or the Tariff, in the event that Qwest or Customer in the Tariff. Appendix A provides additional description shall terminate this Voice Agreement, Customer shall be of services. liable for: (i) any charges accrued by Customer but not paid; and (ii), in the event this Voice Agreement is terminated less ❑ On -Net Virtual Network Service. than three (3) months after the Effective Date. Customer shall be liable for any charges paid by Qwest to any LEC on ❑ Dedicated Outbound I+ Long Distance Service. behalf of Customer. XlK Switched Outbound I+ Long Distance Service. 6. The Master A etdr ement. ❑ Dedicated Inbound 8XX Long Distance Service. Except as expressly noted in this Voice Agreement, this Voice Agreement is subject to and incorporates by reference the terms XX Switched Inbound 8XX Long Distance Service. and conditions of the Master Agreement and the Tariff. This Voice Agreement, including the Master Agreement and the Tariff, ❑ International Dedicated Services (inbound and constitutes the complete agreement between Customer and outbound) Qwest with respect to the Voice Service and supersedes any prior written or verbal agreements and understandings )PX International Switched Services (inbound and concerning such Voice Service. In the event of an inconsistency outbound) between this Voice Agreement and the Master Agreement, this Voice Agreement shall control. Notwithstanding the above, the )(:K Calling Card Service rates set forth in this Agreement are fixed for the term of this ❑ Plan 1 Agreement and cannot be modified by Qwest via a change to the XD{ Plan 2 Service Schedule(s) or Tariffs. This Voice Agreement may only be amended pursuant to a written amendment signed by (b) Customer understands that a requested Voice Service(s) authorized representatives of both parties. may not be available in all areas. Federal law currently prohibits Qwest from providing certain In Region interLATA services. "In Region" shall refer to those states in which Qwest is prohibited by law from providing InterLATA services (including GSP services), which states presently are Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska. New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming; provided, however, that any particular state in which Qwest receives authority to provide such InterLATA services shall no longer be deemed an In -Region state. (c) For each Voice Service requested by Customer, Customer shall submit to Qwest a written Qwest Service Order Form, as that form may be in effect from time to time ("Service Order"). Each Service Order shall reference this Voice Agreement and shall become a part of the Voice Agreement when executed by a duly authorized representative of Qwest. Qwest reserves the right to reject any Service Order. 4. Rates and Charges: Payment. (a) The rates and charges applicable to the Voice Service shall be those set forth in the MiCTA Agreement; provided, however, that if the MiCTA Agreement does not set forth rates and charges applicable to a particular Voice Service(s). the rates and charges for such service(s) shall be negotiated by the parties on a case-by-case basis. OMR #: 45693 Page 2 Version: 09-19-01 Contract W N/A © 2001 Qwest Communications Corporation MICTA CD&S #: CDS-010913-0012 Confidential DocID: City of Miami Micta Ex A 10-I8-01 Clean.doc ir2-1207 QWEST COMMUNICATIONS CO. CATION rah 1!i Qwest. APPENDIX A TO EXHIBIT A SUPPLEMENTAL AGREEMENT FOR QWEST GNS VOICE SERVICES APPENDIX A TO EXHIBIT A SUPPLEMENTAL AGREEMENT FOR QWEST GNS VOICE SERVICES: ADDITIONAL DESCRIPTION OF SERVICES AND OPTIONS Rates for the City of Miami Calling Card (Plan 2) Per Minute Charges for both Inter and Intrastate Domestic Rate / Minute .1063 Switched Rates Interstate Intrastate Audio Conferencing Conference Type operator Assisted 800 Meet Me Meet He .0413 .0782 Charge Type Charge Setup $3.00/Site (Waived) Operator Dial -Out $0.305/Minute/Site Reservation NA Setup $2.00/Site (Waived) Toll -Free Meet Me $0.305/Minute/Site Passcode Toll -Free Meet -Me $0.210/Minute/Site Reservation NA Setup $2.00/Site (Waived) Direct Dial Meet -Me $0.185/Minute Passcode Direct -Dial Meet Me $0.14/Minute/Site 02-120'7 QWEST COMMUNICATIONS CORP TION rift tit Y(�� t ✓'j Qwest. .XHIBIT G TO THE ENROLLMENT FORM AND SERVICE AGREEMENT FOR MiCTA MEMBERS EXHIBIT G TO THE ENROLLMENT FORM AND SERVICE AGREEMENT FOR MiCTA MEMBERS: SUPPLEMENTAL AGREEMENT FOR OWEST GNS AUDIOCONFERENCING SERVICES This Supplemental Agreement for Qwest Audio Conferencing Services ("Audio Conferencing Agreement") is made by and between Qwest Communications Corporation ("Qwest") and "Customer" (as hereinafter defined), and is effective as of the date it is executed by both parties ("Effective Date"), except that this Audio Conferencing Agreement shall not be effective unless and until Customer and Qwest have executed the Enrollment Form and Service Agreement for MiCTA Members ("Master Agreement"). In accordance with the terms and conditions of the Master Agreement, Customer shall receive the "Audio Conferencing Service" (as hereinafter defined). The terms and conditions of this Exhibit G are agreed to and accepted by: City of Miami Authorized Signature Date Carlos A. Gimenez, City Manager Print Name and Title 444SW Second Avenue Street Address Miami, FL 33130 City/State/ZIP MiCTA Membership Number Effective Date 1. Definitions. Qwest Communications Csorp6ration Signature of Director of Offer Management Date Richard Fernandez Print Name of Director of Offer Management Print Name of Qwest Sales Representative TERMS AND CONDITIONS (a) "Customer" refers to the entity executing this Audio Conferencing Agreement, which entity's name is set forth above. (b) "MSC" refers to the MiCTA Service Corporation. (c) "MiCTA Agreement" refers to the December 15, 2000 Agreement for Telecommunications Services by and between Qwest and MSC as it may be amended. OMR #: 45693 Page 1 Version: 09-19-01 Contract #: N/A O 2001 Qwest Communications Corporation MICTA CD&S #: CDS-010913-0012 Confidential DocID: Cite of Miami Micta Ex G 10-18-01 Clean.doc 02-120'7 Q�'VEST COMMUNICATIONS CORF TION 2. Capitalized Terms. Any capitalized term not defined in this Audio Conferencing Agreement shall have the meaning ascribed to such term in the Master Agreement or in the Tariff. 3. The Audio Conferencing Service. (a) The "Audio Conferencing Service" shall be defined as Qwest's provision to Customer of the Qwest Audio Conferencing Service(s), as such services are described in the Tariff: (b) Customer understands that a requested Service(s) may not be available in all areas. Federal law currently prohibits Qwest from providing certain In Region InterLATA services. "In Region" shall refer to those states in which Qwest is prohibited by law from providing InterLATA services (including GSP services), which states presently are Arizona Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming; provided, however, that any particular state in which Qwest receives authority to provide such InterLATA services shall no longer be deemed an In -Region state. (c) For each Service requested by Customer, Customer shall submit to Qwest a written Qwest Service Order Form, as that form may be in effect from time to time ("Service Order"). Each Service Order shall reference this Agreement and shall become a part of the Agreement when executed by a duly authorized representative of Qwest. Qwest reserves the right to reject any Service Order. 4. Rates and Charges; Payment (a) The rates and charges applicable to the Audio Conferencing Service shall be those set forth in the MiCTA Agreement; provided, however, that if the MiCTA Agreement does not set forth rates and charges applicable to a particular Audio Conferencing Service(s), the rates and charges for such service(s) shall be negotiated by the parties on a case-by-case basis. (b) Charges shall be invoiced monthly and full payment for all charges shall be due within thirty (30) days of invoice date. 5. Term and Termination. (a) This Audio Conferencing Agreement shall be in full force and effect as of the Effective Date and shall remain in full force and effect at the same rates, terms and conditions until termination of the Master Agreement. (b) In addition to the Termination Charges set forth in the Master Agreement or the Tariff. in the event that Qwest or Customer shall terminate this Audio Conferencing Agreement, Customer shall be liable for: (i) any charges accrued by Customer but not paid: and (ii), in the event this Audio Conferencing Agreement is terminated less than three (3) months after the Effective Date, Customer shall be liable for any charges paid by Qwest to any LEC on behalf of Customer. G. The Master Aereement. (a) Except as expressly noted in this Audio Conferencing Agreement. this Audio Conferencing Agreement is subject to XHIBIT G TO THE ENROLLMENT FORM AND SERVICE AGREEMENT FOR MiCTA MEMBERS and incorporates by reference the terms and conditions of the Master Agreement and the Tariff. This Audio Conferencing Agreement, including the Master Agreement and the Tariff, constitutes the complete agreement between Customer and Qwest with respect to the Audio Conferencing Service and supersedes any prior written or verbal agreements and understandings concerning such Audio Conferencing Service. In the event of an inconsistency between this Audio Conferencing Agreement and the Master Agreement, this Audio Conferencing Agreement shall control. Notwithstanding the above, the rates set forth in this Agreement are fixed for the term of this Agreement and cannot be modified by Qwest via a change to the Service Schedule(s) or Tariffs. This Audio Conferencing Agreement may only be amended pursuant to a written amendment signed by authorized representatives of both parties. OMR #: 1569; Page ? Version: 09-19-01 Contract #: N/A © 2001 Qwest Communications Corporation `IICT.-� CD&S ;t: MS -0100413-0012 Confidential Do, -ID City of Miami dicta Ex G 10-13-01 Clean. da' 02-x.20/ CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM . 11 CA -7 TO: The Honorable Mayor and DATE: NOV - 4 2:;02 FILE Members of the City Commission SUBJECT: Resolution Accepting Findings of Long Distance Services FROM: Gl enez REFERENCES: RFP Selection Committee City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached resolution accepting the findings of the Citywide Long Distance Telephone Services RFP selection committee, which recommends the selection of Qwest as the provider of citywide long distance services. Qwest, the sole respondent to the Citywide Long Distance Telephone Services RFP invitation, was deemed by the selection committee to be responsive in all aspects of the proposal. Moreover, the resolution authorizes the City Manager to negotiate and execute an agreement, in a form acceptable to the City Attorney, with Qwest for an initial period of three years, at an estimated annual cost not to exceed $100,000, with the option to extend for three additional one-year periods. Funds for this service are to be allocated from the Department of Information Technology, account code 460101.510. BACKGROUND: The Citywide Long Distance Telephone Services RFP selection committee has analyzed the proposal received from the sole respondent, Qwest, to RFP No. 01-02-149 for the provision of citywide long distance services. Fifteen RFP invitations were mailed and one response was received. Qwest, as the sole respondent, has been deemed by the selection committee to be responsive in all aspects of the proposal. The selection committee unanimously recommends the acceptance of this proposal and the selection of Qwest as the City's provider of citywide long distance services. Expenditures for this service will be made from Department of Information Technology, account code 460101.510. CAGA /AG .G/ecb 02-120'7 i Budgetary Impact Analysis 1. Department Information Tech. Division Tel Pnnmmimi natictins 2. Agenda Item # (if available) 3. Title and brief description of legislation or attach ordinancelresolution. Recommendation to accept findings of the ionq n;staRse Services RFP `Selection committPP 4. Is this item related to revenue? KTo - _ YES(If yes, skip.to item #7) 5. Are there sufficient funds -in Line lcem: ' YES:LX Index Code a 6 o i o 1 Minor Obj. Code S t n Amount $ 10 n, n n n NO: _ Complete the following questions: hvailaS Mance h oil /0/4/04 " 6. Source of funds: Amount budgeted in the Line Item $_ �l D'7 Amount needed in the Line Item $ /092,000 Sufficient funds will be transferred from the following line items: AC'r:ON ACCOUNT NUMBER ACCOUNT NAME TOTAL IndexlMinor Object/Project No. From . $ To $ 7. Any additional comments? Approved by. --"i f 8. Aldo Stancato, CIp Department Director:Mesignee aie FOR DEPARTMENT OF MANAGEMENT AND BUDGET USE ONLY Verified by: Verified by: /} 0 p gement and Pidget Dire&=Mesignee Date to � � IOC Date 02-120'7 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM CITY MAHAGERS OFFICE I 1 - AM g: 3 TO: Carlos A. Gimenez DATE: October 7, 2002 FILE City Manager SUBJECT: Findings of Long Distance Services RFP Selection Committee FROM: Elaine Collett Buza REFERENCES: Telecommunications Administrator Department of Information Technology ENCLOSURES: The Citywide Long Distance Telephone Services RFP selection committee has analyzed the proposal received from the sole respondent, Qwest, to RFP No. 01-02-149 for the provision of citywide long distance services. Fifteen RFP invitations were mailed and one response was received. Qwest, as the sole respondent, has been deemed by the selection committee to be responsive in all aspects of the proposal. The tabulation summary, listing the evaluation committee members, the evaluation criteria, and the ratings, is attached. The selection committee unanimously recommends the acceptance of this proposal and the selection of Qwest as the City's provider of citywide long distance services. Since Qwest is currently our citywide long distance services provider, there will be no charges incurred to transition to a new provider. The pricing proposed by Qwest is the same as the current pricing structure that was offered to the City in the one-year contract that the City executed with Qwest in November, 2001. Approximately seventy- five percent of the City long distance calls are interstate which has been proposed at the current rate of .0413 per minute. The intralata or local long distance (Broward County) and the intrastate (within the State of Florida) rate has been proposed at the current rate of .0782 per minute. International rates are dependent on the county to which the call is being placed, but the rates current and proposed range between .0413 per minute (Puerto Rico) and .4446 per minute (Trinadad). Expenditures for this service will be made from Department of Information Technology, account code 460101.510. City Manager *8 e� Date c: Robert Nachlinger Aldo Stancato Neyda Galvez CAG/RJN/AA/NMG/ecb 62-1207 Name of Proposer: QWeSt EVALUATION CRITERIA TABULATION SUMMARY RFP 01-02-149 LONG DISTANCE TELEPHONE SERVICES MAX. RATER RATER RATER POINTS # 1 # 2 # 3 QUALIFICATIONS & EXPERIENCE 20 13 18 19 ABILITY TO PERFORM 25 20 22 25 FEE / COST PROPOSAL 45 40 40 40 MINORITY / WOMEN PARTICIPATION 5 0 5 0 LOCAL PREFERENCE 5 0 5 0 TOTAL POINTS 100 73 90 84 Rater # 1: Jim Vance, Telecommunications Manager, N. Broward Hospital District Rater # 2: David Mattison, Cable & Telecommunications License Admin, Miami -Dade Co. Rater # 3: Elaine Collett Buza, Telecommunciations Admin, City of Miami ACCEPTANCE OF CITY MANAGER AND EVALUATION COMMITTEE'S RECOMMENDATION RFP NO. 01-02-149 ITEM: Long Distance Services DEPARTMENT: ITD TYPE: Contract REASON: It is recommended that Qwest, the sole respondent be accepted as the provider, for citywide long distance telephone services, for the Department of Information Technology; authorizing the City Manager to negotiate and execute a Service Agreement, for an initial period of three (3) years, with the option to extend for three (3) additional one-year periods, at an estimated annual cost not to exceed $100,000; allocating funds therefore from the Department of Information Technology, Account Code No. 460101.510. Director of Purchasing CZ - late F=Wmn I 9 02-1207