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HomeMy WebLinkAboutRequest For ProposalsREQUEST FOR PROPOSALS TO PROVIDE WIDE AREA NETWORK (WAN) COMMUNICATIONS SERVICES RFP # 05-06/07 RFP DUE DATE: NOVEMBER 13, 2006 AT 3:00 P.M. Pamela Leja CPPB PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov F: \PURC\$ALL\PAMELA\RFP-05-06/07 WAN. doc MIAMI BEACH MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 PUBLIC NOTICE PROVIDE WIDE AREA NETWORK (WAN) COMMUNICATIONS SERVICES Request for Proposals (RFP) No. 05-06/07 Scope of Services The City of Miami Beach is soliciting responses from reputable carriers to provide Wide Area Network (WAN) Communication Services for the City's communications infrastructure. All respondents to this RFP should focus on and define proven methods that will be used to provide WAN Communication Services to the City as further described in this RFP. Sealed proposals will be received until 3:00 PM on November 13, 2006 at the following address: City of Miami Beach City Hall Procurement Division - Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Any response received after 3:00 PM on November 13, 2006 will be returned to the proposer unopened. The responsibility for submitting proposals before the stated time and date is solely the responsibility of the proposer. The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre -Proposal Submission Meeting is scheduled for October 25, 2006, at 1:00 p.m. at the following address: City of Miami Beach City Hall — Fourth Floor 1700 Convention Center Drive City Manager's Large Conference Room Miami Beach, Florida 33139 The City of Miami Beach has contracted with BidNet as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. This system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/public/homel.aso If you do not have Internet access, please call the BidNetsupport group at 800-677-1997 extension # 214. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 2 of 52 Attendance (in person or via telephone) to this Pre -Proposal submission meeting is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the pre -Proposal submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll -free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Proposers who are interested in participating via telephone, please send an e-mail to PamelaLeja@miamibeachfl.gov expressing your intent to participate via telephone at least one business day in advance of the meeting. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl.gov/newcity/dents/purchase/bidintro.asp • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES — ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002- 3363. • EQUAL BENEFITS ORDINANCE — ORDINANCE NO. 2005-3494. • CAMPAIGN CONTRIBUTIONS BY VENDORS - ORDINANCE NO. 2003-3389. Sincerely, Gus Lopez, CPPO Procurement Director October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 3 of 52 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305.673.7490 Fax: 305.673.7851 RFP No. 05-06/07 NOTICE TO PROSPECTIVE PROPOSERS If not submitting a proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Our company does not handle this type of product/service. We cannot meet the specifications nor provide an alternate equal product. Our company is simply not interested in bidding at this time. Due to prior commitments, I was unable to attend pre -proposal meeting. OTHER. (Please specify) We do do not want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from the City's bid list. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 4 of 52 m M1AMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 TABLE OF CONTENTS PAGE I. OVERVIEW AND PROPOSAL PROCEDURES 6-11 II. SCOPE OF SERVICES/SPECIFICATIONS 12-26 III. PROPOSAL FORMAT 27-28 IV. EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 29-30 V. SPECIAL TERMS AND CONDITIONS- INSURANCE 31-32 VI. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY WITH PROPOSAL SUBMISSION - All items outlined as required under Proposal Format (Section III) and Scope of Services/Specifications (Section II) - Signed Insurance Checklist 32 - Proposer Information 33 - Acknowledgment of Addenda 34 - Declaration 35 - Sworn Statement/Section 287,133(3)(a), Florida Statutes - Public Entity Crimes 36-37 - Questionnaire 38-42 - Declaration: Nondiscrimination in Contracts and Benefits 43-45 - Reasonable Measures Application (If Applicable) 46-47 - Substantial Compliance (If Applicable) 48-50 VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS - Performance Evaluation Letters 51 - Performance Evaluation Survey 52 APPENDIX A: City WAN Circuits October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 5 of 52 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION / BACKGROUND The City of Miami Beach ("City") is a cosmopolitan city that is home to numerous world -class restaurants, modeling, film and recording industries and pulsating nightlife. As the nations' largest historic district it boosts first—rate cultural venue and an international mix of residents and visitors. The City's population is about 100,000 residents and our 1,900 employees are committed to provide excellent customer service. Our mission statement, "We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community" is the foundation of our focus. In order to continue to provide this type of service, the City is seeking to reduce and streamline its Wide Area Network Communication Services costs. The City, a municipal corporation of the State of Florida, is soliciting responses from reputable carriers to provide Wide Area Network (WAN) Communication Services for the City's communications infrastructure. All respondents to this RFP should focus on and define proven methods that will be used to provide WAN Communication Services to the City as further described in this RFP. The City is presently using WAN services provided by BellSouth Business Systems ("BellSouth"). The goal of this RFP is to select a communication provider that can provide the following: 1. Ensures the continuity of the City's WAN infrastructure. 2. Provide a solution that will function as the City's WAN Communication Services and offers enhancements to meet future communication needs. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP Issued Pre -proposal submission meeting Deadline for receipt of questions Deadline for receipt of Proposals Evaluation Committee meeting Commission approval authorizing negotiations Contract negotiations Projected contract start date C. PROPOSALS SUBMISSION October 17, 2006 October 25, 2006 1:00 p.m. October 30, 2006 4:00 p.m. November 13, 2006 3:00 p.m. November/December 2006 December 2006 or January 2007 December 2006 or January 2007 TBD An original and ten (10) copies of complete proposal must be received no later than 3:00 p.m. on November 13, 2006, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 6 of 52 The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposer's name, address, telephone number, RFP number and title, and due date. No facsimile or e-mail responses will be considered. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the Proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Responses received after the RFP due date and time will not be accepted and will not be considered. D. SPECIAL CONDITIONS Proposers are advised that this RFP and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. All Proposers shall complete and return, with their proposal, the "Declaration: Non-discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the Proposers certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that: a. The Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed; AND. b. The Contractor shall complete and return the "Substantial Compliance Authorization Form" contained herein. It is important to note that Contractors are considered in compliance if Contractor provides benefits neither to employees' spouses nor to employees' Domestic Partners. E. PRE -PROPOSAL SUBMISSION MEETING A pre -Proposal submission meeting is scheduled for October 25, 2006 at 1:00 p.m. at the following address: City of Miami Beach City Hall — Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 7 of 52 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the pre-RFP submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll -free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Proposers who are interested in participating via telephone, please send an e-mail to the contact person listed below, expressing your intent to participate via telephone. F. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is Pamela Leja at phone: 305-673-7490; fax: 305-673-7851; or e- mail: PamelaLeja@miamibeachfl.gov. Communications between a proposer, bidder, lobbyist or consultant and the Procurement Division are limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions to PamelaLeiamiamibeachfl.gov and copy the City Clerk's office RobertParcher(c�miamibeachfl.gov. no later than the date specified in the RFP timetable. The Procurement Division will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. Proposers are advised that oral communications between the Proposer, or their representatives, and the Mayor or City Commissioners and their respective staff, or members of the City's administrative staff to include the City Manager and his staff, or evaluation committee members is prohibited. G. MODIFICATION/WITHDRAWALS OF PROPOSALS A Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the proposal due date or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the proposal due date and before said expiration date and letters of withdrawal received after contract award will not be considered. H. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re -advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 8 of 52 I. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the Proposer(s) and shall not be reimbursed by the City. J. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, at its sole and absolute discretion, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the Proposer to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. K. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of Proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". L. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require Proposers to give oral presentations based on their Proposals. The City reserves the right to enter into negotiations with the top -ranked Proposer, and if the City and the top -ranked Proposer cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the second -ranked Proposer. This process may continue until a contract has been executed or all Proposals have been rejected. No Proposer shall have any rights in the subject project or property or against the City arising from such negotiations. M. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344 which establishes procedures for resulting protested RFP's selection for awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. N. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with, and comply with, all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the Proposer will in no way relieve it from responsibility for compliance. O. DEFAULT Failure or refusal of a Proposer to execute a contract following award by the City Commission, or untimely withdrawal of a proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 9 of 52 P. CONFLICT OF INTEREST All Proposers must disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer or any of its affiliates. Q. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. R. PROPOSER'S RESPONSIBILITY Before submitting proposal, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, and will not be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATION OF CITY It is the intent of the parties hereto that the successful Proposer be legally considered to be an independent contractor and that neither the Proposer nor the Proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFP is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, October 17, 2006 RFP No: 05-06/07 City of Miami Beach WAN Communications Service 10 of 52 disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid. W. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City shall give a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to the City, or through a member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. X. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000-23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bid/response or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. Y. AMERICAN WITH DISABILITIES ACT CaII 305-673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. Z. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. AA. EQUAL BENEFITS FOR DOMESTIC PARTNERS Proposers are advised that this RFP and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 11 of 52 SECTION II -- SCOPE OF SERVICES/SPECIFICATIONS The City, a municipal corporation of the State of Florida, is soliciting responses from reputable carriers to provide Wide Area Network (WAN) Communication Services for the City's communications infrastructure. All respondents to this RFP should focus on and define proven methods that will be used to provide WAN Communication Services to the City as further described in this RFP. The City is presently using WAN services provided by BellSouth Business Systems ("BellSouth"). The goal of this RFP is to select a communication provider that can provide the following: 1. Ensures the continuity of the City's WAN infrastructure. 2. Provide a solution that will function as the City's WAN Communication Services and offers enhancements to meet future communication needs. City business locations are provided as information only. All questions related to this document shall be addressed to the City of Miami Beach Procurement Division as outlined in this Request For Proposal. Proposer(s) shall also respond to the Request For Proposal as requested and presented as part of their proposal. Please be very specific with respect to proposed pricing plans, conversion costs, special promotions and multi -year contract agreements, including respective lengths of agreements. The City prefers a "turn -key" network services conversion with one Proposer(s) being responsible for furnishing, installing and "de -bugging" all necessary network services and support hardware and software components. This preference is supported by expectations of a higher level of responsiveness to all network related issues when these are provided by one Proposer. This does not prohibit the City from selecting one or more Proposer(s) to provide the services requested if they meet the City's requirements. The proposed network and services must consist of latest available technologies and transport media. Proposed solutions must possess unquestioned performance and security integrity. All Proposer(s) are required to present in detail all aspects related to the technical and operational performance of their proposed services as well as the steps that are taken to ensure secure network services that do not allow unauthorized access or use. The initial contract term shall be for three (3) years following award. The City reserves the right to extend the contract for up to three (3) additional one (1) year terms, provided: all terms, conditions, and specifications remain the same; both parties to the contract agree to the extension; and such extension is approved by the City. The City is also interested in receiving proposals that include flexible pricing terms that provide the City with maximum options and flexibility as regulatory and marketplace changes take place. Alternate proposals for services that will accomplish the same function will be given consideration by the City. Any additional hardware and/or services needed to perform the installation of the proposed solution not covered, neither presented nor detailed by the proposal will be the responsibility of the proposer. The Proposer(s) must include all hardware, services and costs to successfully and completely accomplish the installation of turnkey WAN services. The City is solely responsible for this Request For Proposal and Agreements that may result. Proposers are not to contact employees of the City of Miami Beach during the RFP process except where directed by this document or the City's Procurement Division. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 12 of 52 The following statements outline the City's general requirements: The City requires a reasonable financial return from the network services leased, purchased, or rented. Therefore, the City desires the most financially sound long-term proposal inclusive of services, support, and maintenance. The City seeks a Proposer(s) that has a record of technical leadership and innovation in its field. The City seeks a Proposer(s) who can quickly and readily provide the desired services with minimum lead-time. The City reserves the right to award this RFP to a single Proposer(s), more then one Proposer(s), no Proposer(s), or in part to multiple Proposer(s). In response to this RFP, the Successful Proposer(s) must provide, at a minimum, the following deliverables: 1. Provide wide area network connectivity support. If solutions are presented which require changes to the network hardware infrastructure, Successful Proposer(s) must identify hardware/software required and estimated costs to implement the proposed solution (including software configuration of the hardware). 2. Provide an individual quotation for each communication Zink for representative sites, as listed in Appendix A. The proposed costs and technology should be based on the current bandwidth utilization (See Appendix A). To assist in the development of the Proposal we have attached the current bandwidth at each individual site (Appendix A) that we require to be included in the proposal. Other current WAN connections exist but are excluded from this RFP. 3. Provide a solution in its Proposal which guarantees, at minimum, an industry standard network design (Bandwidth, Reliability, Security, and Expandability). 4. Provide a contingency/disaster recovery plan for the proposed network. 5. Provide a proposed solution that guarantees an equal or higher level of availability, bandwidth, security, and reliability than the existing infrastructure. City's Rights The City reserves the right to issue a partial award of the total list of sites shown in Appendix A to the Successful Proposer(s). Additionally, the City reserves the right to add sites to this same list as they become known over the life of the Contract. Furthermore, the City reserves the right to discontinue services to sites as the City deems necessary in accordance with the economic need for consolidation and/or the streamlining of City services. Periodically, the City will review traffic analysis reports and adjust the level of service at individual sites as deemed necessary at no financial penalty. Rates of services provided by the Successful Proposer(s) shall not increase for the life of the Contract; however, decreases in the cost of services offered to other customers shall be afforded to the City. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 13 of 52 Definitions For purposes of clarity during the proposal process, the following definitions will apply: "Acceptance" Delivery, receipt, installation, training, testing, and successful operations as specified, proposed, and accepted. "Proposer(s)" "Successful Proposer(s)" "Deliverables(s)" Any company that accepts the City's Request For Proposal. The selected Proposer(s) when presented in this context and tense within the Request For Proposal. Any group, company, corporation, entity including any Successful Proposer(s)'s subcontractors approved by the City, or otherwise selected to potentially enter into an Agreement with the City to provide the Deliverable(s) requested by the City in the Request For Proposal. Any and all provisions outlined in the General Terms and Conditions or otherwise required by the City in its Request For Proposal of any Proposer(s) are also applicable to the Successful Proposer(s). Any and all service(s), maintenance, equipment, parts, supplies, products, software, hardware or otherwise which will be required to provide the City as outlined in the City's Request For Proposal. "Contractor" See "Successful Proposer(s)" "Fiscal Year" City's fiscal year, sometimes abbreviated as FY, which extends from Oct 1 to Sept 30. "Turnkey" Complete implementation of the contracted for Systems, Services, or Solutions as specified, required, defined and agreed to by the City and Proposer(s). This entails completing all necessary steps and providing all resources that will ensure a successful installation/implementation and operation of such Service/System/Solution including, but not limited to, overall project planning and participation, end -user needs analysis, design, engineering, ordering, receiving, installing, testing and ensuring System(s)/Solution function as specified, proposed and contracted for, through acceptance and all warranty and/or maintenance periods. "Department of Information Technology" Department of the City responsible for the issuance of the RFP. "City" The City of Miami Beach, its employees, staff, and executives. "MBPD" The Miami Beach Police Department. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 14 of 52 Network Requirements The City is seeking WAN network services that will allow the successful and reliable transmission of information in different electronic forms to/from all of its locations. All proposed services must be proven, secure, reliable and cost-effective facilities. All Proposer(s)s must provide the necessary security within their network and all interfaces to external components, customer or otherwise, that will ensure the City is protected and that the proposed services are secure and do not create or cause liability issues or concerns. Proposer(s)s are responsible for ensuring that all proposed services are in unquestioned compliance with federal, state, regional and local governing bodies which regulate and/or legislate the proposed WAN network services, be it in their delivery, operation, pricing and/or taxation. Proposer(s) must also be in unquestioned compliance with all industry accepted and practiced standards applicable to the proposed network services. In addition to the network specific requests, Proposer(s) must present the following information for all proposed services. They are: 1. Monthly recurring charges for features and services. Itemize these as basic (included in service) and optional, including their respective costs. 2. Frequency that Proposer(s) will conduct network services reviews and optimization, including evaluation of usage patterns and migration to a functionally and financially improved plan. The City requires this be conducted a minimum of twice a year. 3. Specific details as to the type of pricing plan that is being proposed, length of agreement, dollar and/or traffic volume commitments, termination liabilities and other pertinent terms and conditions. 4. Detail on Proposer(s) customer service support procedures, including physical locations. 5. Information on Proposer(s) billing format and flexibility to accommodate City billing information requirements. 6. How would the City benefit by converting to the proposing Proposer(s)' WAN network services. 7. Detail, if any, waivers for installation and implementation for replacing existing carrier services, initial new services, subsequent installations and new services, over the life of the contract. 8. Proposer(s) must have the ability to provide the City with electronic billing and account data from their Customer data processing systems. 9. All Proposer(s) must provide a minimum of five (5)-customer references for EACH service proposed, including contact names, telephone numbers and service location(s), type of service offered and length of service, for the City to verify references. 12. All Proposer(s) must detail their bill review, billing adjustment, and service assurance process. 14. Present detail and support documentation that identifies the number of network outages during last calendar year. Present detail of Proposer(s)'s network contingency plan in the event of network outage/natural disaster. What are the planned alternative facilities and at what level of degraded service is the contingency plan activated? The City requires all Proposer(s)s to present a formal copy of its network contingency/disaster recovery plan. 15. What percentage of your network transport facilities do you own, and what percentage do you lease from other providers? (list the providers from whom you lease and identify the facilities that are leased) Identity the percentage of proposed facilities to serve the City that are leased or owned by Proposer(s). 16. What percentage of your network transport facilities is aerial? What percentage is underground? What percentage is wireless? What percentages of your underground and/or October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 15 of 52 aerial network facilities are fiber -based and/or copper -wiring based. Present detail as to which type of proposed network facilities will be serving the City. 17. The City requires that all Proposer(s) provide the City with a proposed detailed project plan and timeline that includes and details all tasks required to ensure a seamless and successful turnkey network conversion from the incumbent's services to the selected Proposer's services. CITY'S NETWORK Profile of City The City has a population of about 100,000 and comprises an area of approximately 7 square miles. The physical network consists of approximately 28 sites utilizing a combination of Dark Fiber, NMLI, Frame Relay, and direct connects T1s. The main concentration of clients is located in two major sites: City Hall (CH) and Miami Beach Police Department (MBPD). These two major sites are connected via a Dark Fiber connection with a 100 Mbps NMLI line utilized for backup purposes. Voice Considerations Voice over IP equipment has been installed in the City. Currently, it runs on the data network with direct T1 connectivity to the voice switches. VOIP convergence is a technology that is currently being implemented throughout all city facilities. The proposed solution should be able to support VOIP. Resilient Network Requirement The City's network is subject to severe acts of nature, such as hurricanes, tornadoes, etc. It is important to note that in the event of such adverse occurrences, City emergency services are essential. The Successful Proposer(s) must offer contingency/disaster recovery plans and procedures for the existing network and possible enhancements. The overall availability of the Wide Area Network Connections Services provided should be equal to or greater than 99.99% excluding outages caused by severe acts of nature, such as hurricanes, tornadoes, etc. City of Miami Beach's Technology Strateav The City's strategy is to adopt and implement cost effective, established technologies that address the overall strategic plan for the City. If the proposal introduces new technologies, those new technologies must guarantee an equal or higher level of availability, bandwidth, security, and reliability than the existing infrastructure. The proposed solution must comply with industry recognized network design best practices. The City's technology objectives are as follows: • Maintain a posture that is technologically competitive but not leading edge - a prudent follower. • Provide quality support that is responsive to the clients and supports Police and Fire emergency services for the City. • Use a technology infrastructure that will ensure the City can develop timely responses to changes in its environment. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 16 of 52 • Use technologies that safeguard the City's requirements by maintaining adequate security and disaster recovery plans. Assumptions The proposed solution must support changes in the network infrastructure; especially, with regard to the reallocation of servers, addition of new sites and modification of bandwidth at each site as estimated in Appendix A. • New sites may be added in the future. Pricing for new sites must adhere to the same pricing structure as existing sites. • Proposal may include new options, such as higher bandwidth and/or new technologies. • Bandwidth and technology can be based on number of current sites (See Appendix A) and possible network expansion as described in "Other Network Considerations, section". WAN IMPLEMENTATION REQUIREMENTS Each Proposer(s) must respond completely and concisely to each of the following technical concerns with respect to its approach to the provision of communication services. Proposal responses must be presented in the following order: 1. Denote your Points of Presence (POPS) in the City relative to the sites to be served in Appendix A, describing the types of switching devices available at each location as it relates to currently installed equipment on the City's network. 2. Describe in detail the process for adding, deleting or modifying network services and/or communications links. 3. Provide manufacturer name and model of networking equipment certified for the proposed communication network. 4. Describe your Service Level Agreements (SLA) as they relate to latency, availability and quality of service. Identify any costs and credit penalties associated with these SLA's. 5. Describe current and planned access speeds and network protocols supported by your organization; indicating expected lifetimes of each. 6. Describe packet prioritization by type inside your network, as it relates to the delivery of critical data (fire/police dispatch) and/or voice. Describe any special premise equipment required. 7. Explain backup and disaster recovery provisions and associated costs. 8. Briefly describe your network operations center and the procedures currently in place to proactively identify and correct communications problems. 9. Describe the process for reporting network problems and/or outages. 10. Describe the process the City will follow to ascertain the status of reported problems and/or outages. 11. Describe your billing processes, including flexibility of billing cycles, availability of electronic billing and consolidation of existing billing currently provided to the City. In addition, the City requires an ad hoc reporting tool as well as training of staff on using the tool. 12. The City's objective is to obtain a maximum of a two hour response to all trouble tickets. Additionally, the City requires a toll free, 7 x 24 hour trouble reporting service. Describe your policies as they pertain to addressing these objectives. (see section Response October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 17 of 52 Time and Service Hours for additional details) 13. Describe your escalation policies and procedures for problems and trouble tickets along with organizational chart and contact information. (see section Help Desk Feedback for additional details) 14. Describe the policies and procedures that are currently in place which ensure the security and integrity of the proposed physical and virtual circuits. 15. Indicate the availability of periodic network traffic reports, their respective contents and any associated costs. Security The City deals with highly sensitive data. The Successful Proposer(s) must specify in their proposal what their policies and procedures to prevent disruption of business and to ensure a secure network operating environment according to industry best practices. Project Implementation The Successful Proposer(s) shall provide a Project Manager whose responsibilities will include, but not be limited to: - Being a single point of contact regarding project issues; effecting the necessary coordination among the Successful Proposer(s), any sub -contractor used by the Successful Proposer(s), other suppliers, and the City. - Participating in monthly status meetings, providing written minutes of those meetings to appropriate City representatives if necessary. - Providing status reports, as required, to the City about project status, escalation issues, costs, and schedule issues. Management of the City Network The City currently manages its existing wide area network and plans to continue this practice. It is not the purpose of this RFP to request Network Management Services. TECHNICAL REQUIREMENTS Equipment Installation The Successful Proposer(s) is responsible for all activities necessary for the successful implementation of each site. Additionally, the Successful Proposer(s) is responsible for the removal and disposal of all shipping and packing materials. Disposal of Old Equipment The Successful Proposer(s) and the City will determine the details of the removal and disposal of all excess equipment, racks, and associated equipment, which is not reused in the new installation. Help Desk Feedback The Successful Proposer(s) shall provide at least a 24 hour advanced notice of any planned network service interruption. Additionally, the Successful Proposer(s) will provide notification to the October 17, 2006 RFP No: 05-06/07 City of Miami Beach WAN Communications Service 18 of 52 City of any unplanned outages as they occur. Disaster Recovery Successful Proposer(s) is required to provide their disaster recovery strategy, including priorities for service restoration. Subcontractors The City prefers that the Successful Proposer(s) provide all services and/or facilities needed to comply with the RFP. If, however, it is necessary for the Successful Proposer(s) to utilize Sub - Contractors or subsidiary organizations to assist it in the execution of its responsibilities, it is expected that any such Sub -Contractor will execute a written agreement with the Successful Proposer(s) under which it agrees to be bound by all applicable provisions of the main agreement between the City and the Successful Proposer(s). Successful Proposer(s) is responsible for all sub- contractor effort and results. Any Sub -Contractor is subject to review and approval by the City. It is the responsibility of the Successful Proposer(s) to ensure that all Sub -Contractors they manage provide the same level of documentation support. Migration to New Technologies The City expects that as new technologies and services are introduced, the Successful Proposer(s) shall present them for consideration by the City. If the City agrees that these new technologies and services serve the best interest of the City, the Successful Proposer(s) shall develop a plan to migrate to these new technologies and/or services in a seamless and non -disruptive manner. Continuous Optimization The Successful Proposer(s) must work towards the continuous improvement of the City network services. Change Management (Control and Notification) The Successful Proposer(s) shall detail the change management process required to effectuate changes in services or policies. Service Availability The proposed solution shall provide seamless, scaleable, and secure functionality with high availability (minimum service level of 99.99%), and an architecture that offers a robust topology with high fault tolerance/self-healing capabilities. Additional Services The City is interested in receiving information from all Proposer(s) about other additional enhanced network services that are offered. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 19 of 52 Security The Proposer(s) are encouraged, at minimum, to present information as to how they effectively address network security including fraud screening/protection and its application in the proposed network services. Specific issues include: 1. Proposer(s) procedures for assessment of Proposer(s) network risk. 2. Network policies and procedures to minimize and prevent unauthorized network access, misuse, degradation, and Toss of information assets and critical operations. 3. Recovery procedures in the event network security procedures are breached. 4. Proposer(s) liability in the event of network security breaches. Contingency Requirements The Proposer(s) must, at minimum, present information as to how they effectively address contingency and disaster planning and recovery procedures as it pertains to the City. Specific issues include: 1. Network performance, service degradation and utilization monitoring and reporting. 2. Bandwidth capacities between sites of both the City and the vendor. 3. Outage identification, notifications and recovery procedures. 4. Degraded level of service alternatives. 5. Network utilization. 6. Alternate Routing including alternatives in the event Proposer(s) network suffers a total outage. 7. Proposer(s) Network Build -out schedules. Transmission Requirements Proposer(s) must acknowledge that their respective networks are in compliance with all applicable industry standards and norms and have the capability for unquestioned transparent interfacing with any and all hardware and software components that comprise the City's network. Proposed Service Limitations Proposer(s) must provide accurate information as to allowed uses of the proposed network facilities. Include what services can be dynamically allocated or shared on one facility. Exceptions and/or limitations must be specifically identified and clearly presented in the Proposal. Proposer(s) Service Requirements This part of the proposal reflects planning, engineering, design, implementation, servicing and maintenance support requirements for the proposed services during the length of the proposed contract agreement period. Proposer(s) must attach a copy of the proposed service and maintenance policies and procedures to which the Proposer(s) will adhere during the length of the agreement. The City minimally requires the levels of major account support in the following primary areas. All Proposer(s) must present their proposed level of support within the areas and requirements presented below. They are: 1. Network conversion - this entails a thorough and detailed plan within a definite timeline to October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 20 of 52 convert the services from the present provider to the selected Proposer(s) without any disruption and/or negative impact on the City's operations. 2. Operational support — proactive and dynamic support of the short and Tong -term critical operation and maintenance of the Proposer(s) provided network and services. This includes network services planning, engineering, design, implementation, servicing and maintenance utilizing ongoing monitoring techniques that will diagnose problems and allow for circumstance sensitive recovery procedures acceptable to the City. Operational support must meet all required service levels as defined, specified and proposed. 3. Regulatory support - provide ongoing assessment and information on regulatory trends and changes as determined by international, national, regional, state, municipal and local WAN sector governing bodies and their potential direct/indirect impact on the quality, availability and costs of present and future services. 4. Technological support - provide ongoing assessment and information on technological trends that support the Proposer(s)' present network platform and the impact on the evolution of the same. 5. Billing Support— provide ongoing support for bill review of all pricing, discounts inventory and billing information. Any discrepancies not consistent with the contract proposal, must be documented and credited retroactive to installation or appropriate date within sixty (60) days. Response Time and Service Hours 1. Proposer(s) must furnish immediate alternative traffic routing in the event of a network facility and/or network component failure. 2. Proposer(s) must respond to emergency requests immediately. The City requires public safety response time, diagnosis and resolution at all of its campus locations. This requires a problem resolution commencement no later than one hour following receipt of a notification, automated or otherwise that an outage of service has occurred. Proposer(s) shall present procedures for responding to emergencies, including the number of qualified and trained technical staff within the immediate region in direct support of the City. Proposer(s) must acknowledge their clear understanding of the City's requirements and their commitment to meet the same. 3. The successful Proposer(s) must provide around -the -clock service, 24 hours perday/7 days a week/365 days per year, including City weekend and holiday schedules and provide necessary service procedures and qualified personnel available throughout the year in support of the City's network. Network Service Meetings Service representatives must be available for regularly scheduled network services maintenance meetings with City's representatives at intervals to be mutually agreed upon. Initially the meetings will be weekly. The successful Proposer(s) service representative must be a management level individual capable of making policy and procedural decisions, and capable of supporting these decisions throughout City's area of service support. Performance Guarantee Proposer(s) guarantees that network services acquired or already in use during the term of the resulting Agreement will: October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 21 of 52 1. Perform to the City's satisfaction or, at the City's option, will be replaced at no charge to the City. There will be no removal charge on network services removed because of non- performance. 2. Proposer(s) must present their proposed network services configuration and contingency plan that will support a "no downtime" scenario. 3. City will be reimbursed for the time network services are out of service in direct proportion to the impact on the City's operations. This can be accomplished in the form of billing credits. 4. Proposer(s) will present proposed network services percentage uptime for the most recent eighteen (18) months. 5. Successful Proposer(s) must notify the City by telephone or fax of any problems, present or foreseen in the network and present alternatives to not disrupt City operations. Successful Proposer(s) must identify and present problem resolution and escalation procedures. Trouble Reporting Proposer(s) must provide the City access to a 24-hour trouble reporting location, including an after- hours toll -free helpline for any questions the City may have. A toll -free helpline must be available to provide emergency operating instructions on difficulties and advice for corrective action to the failure in question, 24 hours a day, 7 days a week, 365 days a year. Proposer(s) must affirm capability to prioritize service calls to City provided locations. City agrees to notify successful Proposer(s) promptly of any trouble or irregularity in the functioning of the network services and to discontinue the use of the network services until adjusted by, or instructions are received from the Proposer(s)' service personnel. City agrees not to permit anyone to service or tamper with the network services other than Proposer(s)' authorized technicians and/or authorized trained City technical personnel. Preventive Maintenance Maintenance and service including regularly scheduled non -disruptive preventative maintenance work must be performed by the Proposer(s)' designated service representatives only. The City must be advised with ample lead time of any network services maintenance activity which will require downtime of network facilities and/or services. Proposer(s) and City will mutually determine when the desired maintenance window will occur. Personnel Review The City may require changes of Proposer(s) account representative(s) for justified reasons. City reserves the right to review the qualification, experience and personal demeanor of Proposer(s) service representatives as a whole or individually, performing services, and to reject any individual who, in the opinion of the City, is unsuitable for duty at any of the City's facilities. Single Point of Contact for Account Proposer(s) must provide a single interface point for the coordination of this major account. Proposer(s) must provide warranted resources in the area of sales, engineering, technical support, network services maintenance, operations, regulatory support and overall network services administration. Proposer(s) must minimally present a list of all personnel within their respective organization that will support the above referenced areas in support of the City. Affirmation of Service Department Qualifications October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 22 of 52 Proposer(s) must affirm their service and maintenance support organization has the necessary and warranted resources, including certified and trained technicians to support the proposed services. Proposer(s) must provide the necessary background data for personnel scheduled to work in the Miami Beach Police Facilities to obtain authorization to work on the premises. All Proposer(s) must be direct providers of the proposed services and support personnel. Network Services Documentation The following documentation must be provided to the City at no additional cost: a) End -user guides for proposed services - to be used by end -users. b) Technical guides and manuals for proposed services - to be used by Technical personnel. c) Complete technical service data including detailed troubleshooting guides, schematic diagrams, and parts lists as the network services was actually installed. The above documentation must be updated as required for the length of the agreement by and between the selected Proposer(s) and the City. Service History Reports Proposer(s) is responsible for maintaining a record of all service, repair, and maintenance activities for the services provided and will provide City this information upon request. In addition, to internal systems that maintain trouble reports and resolution information, Proposer(s) must maintain trouble logs onsite that minimally detail the date and time of the event, technician dispatched, when dispatched, when arrived onsite, diagnosis of problem, resolution and time when network services were restored. Service histories must be reviewed by Proposer(s) as frequent as necessary, minimally monthly, to ensure a proactive approach that will avoid potential future problems and serve as a tool to enact preventive and corrective measures. Monthly Network Services Reports All Proposer(s) must provide network service reports, at a minimum, that detail the following: 1. Network downtime. 2. Grade of service. 3. Network performance. 4. Bandwidth utilization 5. Traffic studies/analysis. 6. Network problems/diagnosis/resolution. 7. Trouble clearing response time. Service Management Reports Proposer(s) must provide a monthly statistically driven service management report, as required, at least five business days prior to the regularly scheduled service maintenance meeting, in a format to be mutually agreed upon. Information must include service call history, call completions by date and locations, response time, on -site repair time, network services uptime, customer satisfaction management surveys, etc. Proposer(s) must provide sample reports. Network Services Conversion Plan October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 23 of 52 All Proposer(s) are required to submit a Gantt Chart with critical path benchmark dates clearly identified for network services project implementation and conversion. Proposer(s) must consider all elements of implementation from contract execution to acceptance testing. Proposer(s) need to consider City geography, holidays, training, shipping, delivery, pace and electrical requirements, selection of technicians and other personnel, etc. Planning is crucial and the City will expect the selected Proposer(s) to use their experience and professional judgment to guide the City through the process. Minimum areas that the conversion plan must include are network services planning, engineering and modeling, design, testing, implementation and conversion, acceptance testing, acceptance, maintenance and management. The presented conversion plan must have definite tasks and timeline, including all tasks and respective timeline that the City must complete in support of the conversion. This conversion plan must not contemplate any downtime during conversion. Progress along with updated project plans including Gantt Chats will be provided as needed until final acceptance is provided in writing from the City's IT delegates. Network Services The network services proposed by Proposer(s) must be at least equal to the proposal specifications with regard to convenience, economy of use, efficiency, security, reliability, safety, performance and quality, particularly as these factors affect the result. Proposer(s) must supply detailed specifications sheets for the specified network services. Alternate offers are to be supported by literature or a statement describing the network services differences, so that full consideration can be given to each of the options. All proposals with network services of equal quality and performance will be considered if all deviations from the Proposal Specifications are described in sufficient detail to permit full evaluation. The specifications of the network services are not intended to exclude other Proposer(s). It must be understood that the City shall be the sole judge as to whether network services meets the Proposal Specifications. The decision of City shall be final. Proposed network services offered and installation of the same must meet all Federal, State, regional and local laws, ordinances, regulations and safety requirements. All Proposer(s) are responsible for all applicable taxes, franchise fees and any and all applicable surcharge placed on the proposed network services by respective governing bodies at all levels. Proposed prices will include all the above referenced costs. Ease of Use Proposed network services must be secure, simple to access, utilize, and manage. Acceptance Acceptance will be defined for the proposal as conversion to the proposed network services, performance of all standard diagnostic tests to insure specified performance and stable operation of all network services as specified, proposed and accepted. Prior to the execution of the Agreement, the City and selected Proposer(s) will mutually define and develop acceptance criteria for specific proposed Systems/Services/Solutions that, at a minimum, meet industry accepted standards in support of City specified, desire, and contracted for functionality. Please describe your pre- and post -conversion testing policies and procedures and descriptive timeline for acceptance. Indicate estimated time to complete acceptance as defined above. Delivery and Installation October 17, 2006 City of Miami Beath RFP No: 05-06/07 WAN Communications Service 24 of 52 Proposed network services must be completely provided and installed by the successful Proposer(s). Proposer(s) must provide required environmental (i.e. power outlets, building riser and horizontal wiring, ventilation, lighting, etc.) power lines, as may be required in support of the proposed network services by the successful Proposer(s) and agreed to by City for the proper use and operation of proposed network services. Proposer(s) must specify time required for complete network services conversion, testing and acceptance. Proposed network services support hardware must conform to all applicable Federal, state, regional, local, and industry codes. Proposed network services must conform to all Federal, State and Local codes and regulations, pertaining to network services and installation. Proposed network services must meet all WAN industry standards and norms. Proposer(s) must furnish the City with a conversion date in days from the notification of being awarded an RFP and finalization of a mutual agreement by and between all parties. Local Access Charges Proposer(s) must explicitly agree to pass -through directly to the City, any reduction in local access charges as any such rate reduction is available. Service Level Agreements Proposer(s)s must explicitly identify the terms and conditions of the service level agreement appropriate for each service Proposer(s) will provide, including the metrics to be used, the service level(s) to be provided, and the recourse available to the City when the service level is not achieved and/or sustained/maintained. Technology Changes/Business Downturn The City requires both Technology and Business Downturn provisions. Technology Change: The parties acknowledge that technological advancement and innovation, as well as federal and state regulatory and legislative actions, may introduce new competitive alternatives into the WAN marketplace, which may affect the continued competitiveness of the Agreement between the Proposer(s) and the City. Accordingly, the parties agree to meet on or about the first anniversary of the City initial service date, or at such other time(s) as the City deems necessary, but not more than once in any rolling 12-month period, to discuss such competitive service alternatives and other technological or marketplace developments or to compare similarly situated customer tariffs. The City will cooperate in efforts to develop a mutually agreeable alternative Proposal that will satisfy the concerns of both parties and comply with all applicable legal and regulatory requirements. By way of example and not limitation, such alternative Proposals may include changes in rates, nonrecurring charges, revenue and/or volume commitments, discounts, the multi -year service period and other provisions. If the parties reach mutual agreement on an alternative, the Proposer(s) will prepare and file any necessary tariff revisions, and or the parties will October 17, 2006 RFP No: 05-06/07 City of Miami Beach WAN Communications Service 25 of 52 sign a contractual amendment to implement any mutually agreeable alternative Proposal, subject to all applicable legal and regulatory requirements. In the event no mutual agreement is reached, the City may terminate this agreement upon thirty (30) days notice to the other party. Business Downturn: In the event of a business downturn beyond the City's control, a formal or significant restructuring or reorganization by either party, or a network optimization using any of a Proposer(s) services, or reduction of rates and charges or chronic Service failures, or force majored events, any of which significantly reduces the volume of network services required by the City, or impairs the ability of the City with the result that the City will be unable to meet its revenue, purchase and/or volume commitments under an Agreement, the Proposer(s) and the City will cooperate in efforts to develop a mutually agreeable alternative Proposal that will satisfy the concerns of both parties and comply with all applicable legal and regulatory requirements. By way of example and not limitation, such alternative Proposals may include changes in rates, nonrecurring charges, revenue and/or volume commitments, discounts, the multi -year service period and other provisions. If the parties reach mutual agreement on an alternative, the Proposer(s) will prepare and file any necessary tariff revisions, and/or the parties will sign a contractual amendment to implement any mutually agreeable alternative Proposal, subject to all applicable legal and regulatory requirements. In the event no mutual agreement is reached, the City may terminate this agreement upon thirty (30) days notice to the other party. Contractual Agreement and Cost Description The Proposer(s) must provide a comprehensive contractual framework that addresses the initial implementation and on -going operational methodology and plan, service, and maintenance phases, of the relationship. They include: 1. Implementation and Conversion Approach 2. Financial lncentives 3. Pricing Flexibility 4. Services Bundling Pricing 5. Revenue Volume Pricing 6. Traffic Sensitive Pricing 7. Agreement Length Sensitive Pricing 8. Proposal - The Proposal and the response(s) to the Proposal will be included as parts of the Agreement(s). October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 26 of 52 SECTION III — PROPOSAL FORMAT Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Proposers must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non -responsive. The City will not accept fee/cost information after deadline for receipt of proposal. 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non -responsive. a) Introduction letter outlining the proposer's professional specialization, provide past experience to support the qualifications of the submitter. Interested Proposers shall submit documents that provide evidence as to the capability to provide and implement the wide area network communications services as outlined in this RFP. b) Proposers must provide documentation which demonstrates their ability to satisfy all of the minimum requirements detailed in this RFP. c) References: List at least five client references, to include contact name, title, company, address, telephone number, e-mail address, fax number. d) Evidence of Financial Stability: All proposers must attach a financial statement, balance sheet or assurance that indicates the financial capacity and viability of the proposer. This statement should be certified by an appropriate corporate official or by an independent Certified Public Accountant. e) Qualifications of Proposer: Outline in detail the experience and qualifications of the business, and individual members of the business, in accomplishing similar services. f) Client Survey: Please provide your other clients with the Performance Evaluation Letter and Survey attached herein on pages 51 and 52 and request that your clients submit the completed survey to the contact person noted on page 8. g) October 17, 2006 City of Miami Beach Past Performance Information: Past performance information will be collected on all proposers. Proposers are required to identify and submit their best projects. Proposers will be required to send out Performance Evaluation Surveys to each of their clients. Proposers are also responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site -visitation, and other independent confirmation of data. RFP No: 05-06/07 WAN Communications Service 27 of 52 h) Risk -Assessment Plan (RAP): All proposers must submit a Risk -Assessment Plan. The Risk -Assessment Plan must not be longer than two pages front side of page only. The RAP should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Successful Proposer not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. 3. Costs to the City: Provide a detailed total Cost Proposal for this RFP. 4. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms. 5. Any other Documents Required by this RFP. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 28 of 52 SECTION IV — EVALUATION/SELECTION PROCESS The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening of responses and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors, for a total of 100 possible points. • Quality of Proposed Technical Proposal - Project understanding and soundness of proposed project methodology, including but not limited to: the details and accuracy of the proposed scope and statement of work and implementation plan, and the impact of the proposed solution on the operations of the City, and the demonstrated ability of the solution to enhance operational efficiency and effectiveness. — 35% • Maintenance and Support - The performance, reliability, and scalability of the proposed solution — 30% • Financial strength and references - Proposer's financial qualifications and references to perform the work required by the RFP — 10% • Cost - The cost of recurring maintenance, support costs and other fees — 25% The Evaluation Committee will rank no less than three firms as follows: The firm with more than 50% of the Committee Members' first -place ranking will be deemed the top - ranked firm. The second and third rank firms will be ranked based on the total low aggregate ranked score. For example, a Committee of seven (7) members ranks the firms as follows: Firm A. 4 - 1ST place votes (4x1=4) 1 -2nd place vote (1x2=2) 2 -3rd place votes (2x3=6) TOTAL LOW AGGREGATE 12 RANKED SCORE Firm B. 2 - 1st place votes (2x1=2) 4 - 2nd place votes (4x2=8) 1 - 3rd place votes (1x3=3) Firm C. 1 - 1st place votes (1x1=1) 2 - 2nd place vote (2x2=4) 4 -3rd place votes(4x3=12) 13 17 Firm A received more than 50% (4 out of 7) first place votes, and is therefore the top ranked firm. Firm B received a ranked score of 13, and is therefore, the second -ranked firm, and so forth. If no firm receives more than 50% of the first -place votes, then the top -ranked and subsequent ranked firms will be determined on the total low aggregate ranked score as shown on the above example. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 29 of 52 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the Mayor and Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in Tight of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The Mayor and Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, the Mayor and Commission shall select the proposal or proposals acceptance of which the Mayor and Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected Proposers and the City Manager take place to arrive at a contract. If the Mayor and Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top -ranked proposer if the negotiations with the top -ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the Mayor and Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the Mayor and Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (or have) done so. Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 30 of 52 SECTION V — SPECIAL TERMS AND CONDITIONS: INSURANCE INSURANCE: Successful Proposer shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to these requirements must be approved by the City's Risk Management Department: Commercial General Liability. A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Selected Proposer or City, and shall name the City and the officers, agents and employees of said organizations as additional insured while acting within the scope of their duties but only as to work performed by the Selected Proposer under this Agreement. This policy cannot be canceled without thirty (30) days prior written notice to the City. The Selected Proposer shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the Agreement. No work shall be done by the Architect during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of selected Proposer outside the proposed Agreement, selected Proposer shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Selected Proposer shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 31 of 52 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4 . Excess Liability - $ . 00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ . 00 Liquor Liability $ . 00 Fire Legal Liability $ . 00 Protection and Indemnity $ . 00 Professional Liability $ .00 Employee Dishonesty Bond $ .00 Theft Covering Money and/or Property Of Others $ .00 XXX 7.Thirty (30) days written cancellation notice required. XXX 8.Best's guide rating B+:VI or better, latest edition. XXX 9.The certificate must state the RFP number and title PROPOSER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Proposer Signature of Proposer October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 32 of 52 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Printed): Address: City/State: Telephone: Fax: E-mail: It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 33 of 52 REQUEST FOR PROPOSALS NO. 05-06/07 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: 05- 06/07: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date Proposer -Name Date Signature October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 34 of 52 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of , 2006. The undersigned, as propose , declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The proposer states that the response is based upon the documents identified by the following number: RFP No. 05-06/07 October 17, 2006 City of Miami Beach SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP No: 05-06/07 WAN Communications Service 35 of 52 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to [print name of public entity] by [print individual's name and title] for [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 36 of 52 5) I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this day of , 2006 Personally known OR Produced identification Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 37 of 52 QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice -President's Name: Treasurer's Name: Members of Board of Directors October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 38 of 52 Questionnaire (continued) If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 2. Have any agreements held by Proposer for a project ever been canceled? Yes() No() If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: October 17, 2006 City of Miami Beach RFP No: 05-06/07 WAN Communications Service 39 of 52 Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFP and Qualification Form have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) October 17, 2006 RFP No 05-06/07 City of Miami Beach 40 of 52 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. October 17, 2006 RFP No 05-06/07 City of Miami Beach 41 of 52 Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Contract and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner WITNESS: IF CORPORATION: Print Name Signature Print Name of Corporation Print Name Address (CORPORATE SEAL) By: President Attest: October 17, 2006 RFP No 05-06/07 City of Miami Beach 42 of 52 Ma AN' CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: Vendor Number (if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination - Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ❑ Race _ Yes _ No 0 Sex _Yes _ No ❑ Color _ Yes _ No 0 Sexual orientation _ Yes _ No ❑ Creed _ Yes _ No ❑ Gender identity (transgender status) _Yes _ No O Religion _ Yes _ No ❑ Domestic partner status _ Yes _ No ❑ National origin _ Yes _ No 0 Marital status _ Yes _ No 0 Ancestry _Yes _ No 0 Disability _ Yes _ No ❑ Age _ Yes _ No 0 AIDS/HIV status _ Yes _ No ❑ Height _ Yes _ No 0 Weight _ Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. _ Yes _No October 17, 2006 RFP No 05-06/07 City of Miami Beach 43 of 52 Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? _ Yes _No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? _ Yes _No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an intemal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If you answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Employees with Spouses Yes for Employees with Domestic Partners No, this Benefit is Not Offered Documentation of this Benefit is Submitted with this Form Health o o o ❑ Dental ❑ ❑ ❑ ❑ Vision o ❑ ❑ o Retirement (Pension, 401(k), etc.) 0 0 ❑ ❑ Bereavement o o ❑ o Family Leave ❑ ❑ o ❑ Parental Leave ❑ ❑ ❑ ❑ Employee Assistance Program o o o o Relocation & Travel ❑ ❑ ❑ ❑ Company Discount, Facilities & Events o ❑ o o Credit Union o 0 ❑ ❑ Child Care ❑ ❑ ❑ ❑ Other ❑ o ❑ ❑ October 17, 2006 City of Miami Beach RFP No 05-06/07 44 of 52 Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes _ No Section 4. Executing the Document 1 declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year , at City State Signature Mailing Address Name of Signatory (please print) City, State, Zip Code Title October 17, 2006 RFP No 05-06/07 City of Miami Beach 45 of 52 CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State, Zip Name of Signatory (please print) Telephone Number Title Date October 17, 2006 RFP No 05-06/07 City of Miami Beach 46 of 52 Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. October 17, 2006 RFP No 05-06/07 City of Miami Beach 47 of 52 EACH CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: October 17, 2006 RFP No 05-06/07 City of Miami Beach 48 of 52 B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. October 17, 2006 RFP No 05-06/07 City of Miami Beach 49 of 52 For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State, Zip Name of Signatory (please print) Telephone Number Title Date October 17, 2006 RFP No 05-06/07 City of Miami Beach 50 of 52 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 305.673.7851 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on Providers of Wide Area Network (WAN) Communications Services. The information will be used to assist City of Miami Beach in the procurement of such services. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client for which they have provided services. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes of your time to complete the accompanying questionnaire. Please review all items in the following document and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Pamela Leja by Tuesday, November 14, 2006 via fax: 305.673.7851; or e-mail PamelaLeiamiamibeachfl.gov Thank you for your time and effort. Gus Lopez, CPPO Procurement Director October 17, 2006 RFP No 05-06/07 City of Miami Beach 51 of 52 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 , Fax: 305.673.7851 PERFORMANCE EVALUATION SURVEY Name of Company: Point of Contact: Phone and e-mail: Please evaluate the performance of the ContractorNendor (10 means you are very satisfied and have no issues with utilizing their services again; 5 is don't know; and 1 is if you would never utilize their services again due to very poor performance). CRITERIA RATING 1 Ability to manage cost (1-10) 2 Ability to maintain delivery timeliness (on -time) (1-10) 3 Application Functionality (1-10) 4 Professionalism and ability to manage (1-10) 5 Support and Maintenance (1-10) 6 Ability to Meet Critical Requirements (1-10) Overall customer satisfaction and hiring again based on performance (comfort level in hiring contractor again) (1-10) Overall Comments: Contact Reference Business Name: Contact Name: Contact Phone and e-mail: Date of Services: Estimated Dollar Amount for Services: October 17, 2006 City of Miami Beach 52 of 52 RFP No 05-06/07