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HomeMy WebLinkAboutLetter to Commission - Miami Beach�• MIAMI BEACH OFFCEOF TEE=CITY MANAGE LTC # 106-2011 LETTER TO COMMISSION Mayor Matti Herrera Bower and Members of the City Commission Jorge M Gonzalez, City Manager r � ''May'3, 2011 SUBJECT: Proposed Evaluation: Committee for Request. for Proposals (RFP); No. 1:1-10/11 for Wide':Area Network '(WAN) Services to 'Provide' Computer Network Connectivity Between the. Main and Remote City Facilities I. am considenng•appointing the following individuals to serve on the Evaluation Committee for the above subject RFP: Derrick Arias Gerald Cunningham Gayle Durham. Georgie Echert Ariel Sosa Alternate: Luis Aller Assistant Director,;IT Department, Cityxof Miami Sr. Network Administrator, IT Department Resident and Leadership'Academy Graduate .; Assistant Director, Finance Department Technical Services Manager, IT --Department Sr. Network Administrator, IT Department II would. appreciate your comments/suggestions by Monday, May 9, 201.1. c :Gladys Gonzalez, IT Director Gus, Lopez;, Procurement Director F:1PURc\$ALL\PAMELA\RFP\RFP 11-10,11 WAN ServiceslLTC WAN Services.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution Accepting The City Manager's Recommendation Pertaining To The Ranking Of Firms For Wide Area Network (WAN) Services, Authorizing The Administration To Enter Into Negotiations, And Authorizing The Mayor And City Clerk To Execute An Agreement. Key Intended Outcome Supported: Improve process through information technology Issue: Shall the Commission Adopt the Resolution? item Summary/Recommendation: The City is seeking WAN network services that will allow the successful and reliable transmission of information in different electronic forms from and to all of its locations. All proposed services must be proven, secure, reliable and cost-effective. All proposers 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. The City is presently using WAN services provided by AT&T. The agreement had one (1) additional renewal year term, and the Administration recommended that these services be competitively procured in lieu of exercising the option to renew. In recent months, the Administration had identified additional competitors that provide WAN services, and it was believed a more competitive agreement could be reached through the RFP process. The Mayor and City Commission at its January 19, 2011, meeting, authorized the Administration to issue an RFP for Wide Area Network (WAN) services to provide connectivity between the main and remote City facilities. RFP No. 11-10/11 was issued and sent to over 50 firms. Proposals were received from AT&T Corporation; Atlantic Broadband Finance, LLC.; Cogent Communications, Inc.; Hotwire Communications Ltd., d/b/a Hotwire Business Solutions (HBS); and Sprint Solutions, Inc. Cogent's proposal was deemed non- responsive by Procurement for lacking any signatures, in addition to other several required documents. An Evaluation Committee appointed by the City Manager reviewed, listened to presentations, participated in Q&A with the Proposers, scored and ranked the proposals. Based on the published evaluation criteria, the Committee unanimously ranked AT&T Corporation as the top -ranked firm, and further ranked Atlantic Broadband Finance, LLC and the second -ranked firm. It is recommended that the Mayor and City Commission adopt the resolution. Advisory Board Recommendation: NIA Financial Information: Source of Funds: OBPI Arnotint! Account $300,000 IT Telephone Communications Fund Acct #550-1750-000316 iToti3t:;` $300,000 Financial Impact Summary: City Clerk's Office Le Gus Lopez ext 6641 1; Sian -Offs: siiative Tracking: Departms.ent Director %s a t ifiy Maragar city Manager GG PDW JMG C C)"----jC T: AGENDAl201116-01-11\WAN Services Summary.doc ,: MIAMIBEACH 121 AGENDA ITEM C 7 D DATE C-/—il MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City. Commission FROM: Jorge M. Gonzalez, City Manager DATE: June 1, 2011 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 11-10/11 FOR WIDE AREA NETWORK (WAN) SERVICES TO PROVIDE COMPUTER NETWORK CONNECTIVITY BETWEEN THE MAIN AND REMOTE CITY FACILITIES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP -RANKED FIRM OF AT&T CORPORATION, AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP -RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND - RANKED FIRM OF ATLANTIC BROADBAND FINANCE, LLC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING $300,000. Estimated Annual Expenditure. Funding is available from the Information Technology Telephone Communications Fund, Account No. 550-1750-000316 KEY INTENDED OUTCOMES SUPPORTED Improve process through information technology ANALYSIS On October 11, 2006, the City Commission authorized the issuance of an RFP to solicit proposals for WAN Services. RFP No. 05-06/07 was issued on October 17, 2006, resulting in the receipt of two (2) proposals from BellSouth Business Systems (BellSouth), and Atlantic Broadband (Miami), LLC. In April 2007, the Administration recommended that the Mayor and City Commission approve a resolution, accepting the ranking of the firms and authorizing the Administration to enter into negotiations with BellSouth Business Systems, Inc. (now AT&T Corporation), and Atlantic Broadband (Miami), LLC.; authorized the Mayor and City Clerk to execute agreement(s) upon the completion of successful negotiations by the Administration. Pursuant to the above, the City entered into an agreement with BellSouth Business Systems, 122 Commission Memorandum June 1, 2011 RFP #11-10/11 WAN Services Page 2 of 4 now known as AT&T. The agreement had one (1) additional renewal year term, and the Administration recommended that these services be competitively procured in lieu of exercising the option to renew. In recent months, the Administration had identified additional competitors that provide WAN services, and it was believed a more competitive agreement could be reached through the RFP process. The City is seeking WAN network services that will allow the successful and reliable transmission of information in different electronic forms from and to all of its locations. All proposed services must be proven, secure, reliable and cost-effective. All proposers 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. The City is presently using WAN services provided by AT&T. The goal of this RFP was 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. The Mayor and City Commission at its January 19, 2011, meeting, authorized the Administration to issue an RFP for Wide Area Network (WAN) services to provide connectivity between the main and remote City facilities. The City contemplates entering into an agreement with the selected proposer for an initial term of three (3) years, with three (3) one-year renewal options, at the sole discretion of the City. RFP PROCESS RFP No. 11-10/11 was issued on February4, 2011, and the Procurement Division e-mailed, as well as uploaded the RFP to BidSync.com and Bidnet, sending notifications to over 50 firms. A non -mandatory pre -proposal meeting to provide information and respond to questions from prospective proposers was held on February 14, 2011. On the due date of March 4, 2011, five (5) proposals were received from the following firms: • AT&T Corporation • Atlantic Broadband Finance, LLC. • Cogent Communications, Inc. • Hotwire Communications Ltd., d/b/a Hotwire Business Solutions (HBS) • Sprint Solutions, Inc. The proposal submitted by Cogent Communications, Inc. did not contain any signatures and was therefore deemed non -responsive by Procurement. Cogent's proposal was also missing several required documents. On May 3, 2011, the City Manager via Letter to Commission No. 106-2011 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Derrick Arias Assistant Director, IT Department, City of Miami Gerald Cunningham Sr. Network Administrator, IT Department 123 Commission Memorandum June 1, 2011 RFP #11-10/11 WAN Services Page 3 of 4 Gayle Durham Georgie Echert Ariel Sosa Alternate Luis Aller Resident and Leadership Academy Graduate Assistant Director, Finance Department Technical Services Manager, IT Department Sr. Network Administrator, IT Department The Committee convened on May 18, 2011, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, and the Government in the Sunshine Law. The Committee listened to presentations and participated in question and answer sessions with each of the four (4) responsive proposers. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, which was as follows (total possible 100%): • 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 otherfees — 25% The Committee discussed each of the proposals and the corresponding presentations, and proceeded to score and rank them as follows: Derrick Arias Gerald Cunningham Gayle Durham Georgie Echert Ariel Sosa Low Aggregate Totals AT&T 1 (100) 1 (100) 1 (100) 1 (100) 1 (95) 5 (1) Atlantic Broadband 2 (80) 4 (75) 3 (56) 2 (85) 2 (86) 13 (2) Sprint 4 (65) 3 (85) 2 (62) 3 (75) 3 (70) 15 (3) HBS 3 (70) 2 (90) 4 (49) 4 (65) 4 (77) 17 (4) The Committee unanimously ranked AT&T as the top -ranked firm. AT&T has offered the best pricing of the four (4) responsive proposals received, however, it essentially does not differ from the fees the City is currently paying AT&T for these services. Their proposed solution is to keep the existing network in place, and upgrade the bandwidth at the sites which have increased need to do so. Also, in their proposal package, AT&T offered an alternate proposal for additional savings, if the other services currently under contract between the City and AT&T were to be extended and bundled with this WAN project. 124 Commission Memorandum June 1, 2011 RFP #11-10/11 WAN Services Page 4 of 4 Furthermore, by continuing to utilize the incumbent provider, the City would not incur downtime for implementation of the network pursuant to this RFP. During Atlantic Broadband's presentation, it came to Tight that two (2) remote sites would not be serviced under their proposed solution. These sites would either require additional time for Atlantic Broadband to create a connectivity solution, or would require being serviced by another provider. Sprint's proposed solution was sound, however it was the most costly that was submitted. Additionally, during the presentation there was discussion that they would rely on AT&T to connect one segment of the network with theirs. HBS proposed a totally new fiber optic solution. While HBS over the past six (6) years has installed over 1000 miles of fiber optic cable in South Florida, the City would be their first municipality. The proposed implementation would take a minimum of 90 to 120 days, according to HBS, contingent upon the timing of acquiring the required permits for building the network. Following is a summary of the proposed monthly fees: Monthly Recurring Costs For All City Locations Requiring WAN Services Comments AT&T $16,777.87 Existing network; No implementation time Atlantic Broadband $29,000.00 - 200 days for implementation; 2 sites require further analysis Sprint $84,109.00 Unclear timeline; 1 segment would rely on AT&T connection HBS $29,167.00 All new fiber optic;-90-120 days for implementation CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, which recommends the acceptance of the ranking of the firms and authorizes the Administration to enter into negotiations with the top -ranked firm of AT&T Corporation and, should the Administration not be able negotiate an agreement with the top -ranked firm, authorize the Administration to negotiate with the second -ranked firm of Atlantic Broadband Finance, LLC.; and further authorizing the Mayor and City Clerk to execute an agreement upon the completion of successful negotiations by the Administration. T:\AGENDA\2011\6-01-11\WAN Services Commission Memo.doc 125 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 11-10/11 FOR WIDE AREA NETWORK (WAN) SERVICES TO PROVIDE COMPUTER NETWORK CONNECTIVITY BETWEEN THE MAIN AND REMOTE CITY FACILITIES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP -RANKED FIRM OF AT&T CORPORATION, AND SHOULD THE ADMINISTRATION NOT BE ABLE TO NEGOTIATE AN AGREEMENT WITH THE TOP -RANKED FIRM, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE SECOND -RANKED FIRM OF ATLANTIC BROADBAND FINANCE, LLC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE COMPLETION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, the City is seeking WAN network services that will allow the successful and reliable transmission of information in different electronic forms from and to all of its locations; and WHEREAS, the City currently has an Agreement with BellSouth Business Systems, now known as AT&T, for these services, with one (1) additional renewal year term; and WHEREAS, the Administration recommended that these services be competitively procured through an RFP process in lieu of exercising the option to renew the Agreement; and WHEREAS, the Mayor and City Commission at its January 19, 2011, meeting, authorized the Administration to issue an RFP for WAN services to provide connectivity between the main and remote City facilities; and WHEREAS, on February 4, 2011, RFP No. 11-10/11 was issued, and notices sent to over 50 firms, which resulted in the receipt of proposals from AT&T Corporation; Atlantic Broadband Finance, LLC.; Cogent Communications, Inc.; Hotwire Communications Ltd., d/b/a Hotwire Business Solutions (HBS); and Sprint Solutions, Inc.; and WHEREAS, the proposal submitted by Cogent Communications was deemed non- responsive by Procurement for lacking any signatures, in addition to other several required documents; and WHEREAS, on May 3, 2011, the City Manager via Letter to Commission No. 106- 2011 appointed an Evaluation Committee (the "Committee"), consisting of the following individuals: Derrick Arias, Assistant Director, IT Department, City of Miami; Gerald Cunningham, Sr. Network Administrator, IT Department; Gayle Durham, Resident and Leadership Academy Graduate; Georgie Echert, Assistant Director, Finance Department Ariel Sosa, Technical Services Manager, IT Department; Alternate Luis Aller, Sr. Network Administrator, IT Department; and 126 WHEREAS, the Committee convened on May 18, 2011, and was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance, the Government in the Sunshine Law, listened to presentations and participated in a question and answer session with each of the four (4) responsive proposers, and discussed and evaluated the proposals based on the evaluation criteria as outlined in the RFP; and WHEREAS, the Committee unanimously ranked AT&T Corporation as the top - ranked firm, and further ranked Atlantic Broadband Finance, LLC. as the second -ranked firm; and WHEREAS, the City Manager concurs with the Committee's recommendation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 11-10/11, for Wide Area Network (WAN) Services to Provide Computer Network Connectivity Between the Main and Remote City Facilities; authorize the Administration to enter into negotiations with the top -ranked firm of AT&T Corporation; and should the Administration not be able to negotiate with the top -ranked firm, authorize the Administration to negotiate with the second -ranked firm, Atlantic Broadband Finance, LLC.; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED and ADOPTED this day of , 2011 ATTEST: CITY CLERK Robert Parcher MAYOR Matti Herrera Bower T:\AGENDA\2011\6-01-11\WAN Services Reso.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 127 THIS PAGE INTENTIONALLY LEFT BLANK 128 CITY OF MIAMI BEACH CONTRACT RFP#11-1O/11 AT&T MA Reference No. at&t MASTER AGREEMENT 2 7#09( 9—'0,1 Customer AT&T City of Miami Beach Street Address: 1755 Meridian Avenue City: Miami Beach State/Province: FL Zip Code: 33139 Country: USA AT&T Corp. or enter the International Affiliate Name Customer Contact (for notices) AT&T Contact (for notices) Name: Gladys Gonzalez Title: Director - IT Street Address: 1755 Meridian Avenue City: Miami Beach State/Province: FL Zip Code: 33139 Country: USA Telephone: 305-6673-7776 X 5775 Fax: Email: GladysGonzalez@miamibeachfl.gov Street Address: 7300 NW 19 Street City: Miami State/Province: FL Zip Code: 33126 Country: USA With a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com This Master Agreement ("Master Agreement"), between the customer named above ("Customer") and the AT&T entity named above ("AT&T'), is effective when signed by both Customer and AT&T, and continues in effect as long as Services are provided under this Master Agreement. This Master Agreement will apply to all services and equipment Customer buys from AT&T, now and in the future, that are provided under Pricing Schedules attached to or referencing this Master Agreement ("Services"). Other Services may be provided by signing additional Pricing Schedules at any time. AT&T standard service offerings are described in Tariffs, Guidebooks, Service Guides and other documents identified in this Master Agreement. Customer (by its authorized representative) AT&T (by it uth rized repr sentative) By: 1,—(t' J e i B 1 16. / - impi-‘, Matti Herrera Bower Mayor Title: Name: V,1 & � JYl/1 n5/}'? % Titl : l) (& ,{' �,iIi Pe.(�(ld Date:/0'6-" �i Date: q' aq- 0(f ATTEST eCRM SR: 1-FJ4XUY SL0833 09.22.11 AT&T and Customer Confidential Information Page 1 of 9 APPROVED AS TO FORM & LANGUAGE & FOR,EXECUTION l r\ A VER I 07/14/08 1. INTRODUCTION 1.1 Overview of Documents. The terms and conditions governing the Services that AT&T provides to Customer are set forth in this Master Agreement, the following additional documents, and any other documents executed by the parties and referencing this Master Agreement (which documents together with this Master Agreement are called "this Agreement"): (a) Pricing Schedules. A Pricing Schedule (including related attachments) identifies the Services AT&T may provide to Customer, the price (including discounts, if applicable) for each Service, and the term during which such prices are in effect ("Pricing Schedule Term"). (b) Tariffs and Guidebooks. "Tariffs" are documents containing the standard descriptions, pricing, and other terms and conditions for a Service that AT&T files with regulatory commissions. "Guidebooks" are documents containing the standard descriptions, pricing, and other terms and conditions for a Service that were, but no longer are, filed with regulatory commissions. Tariffs and Guidebooks may be found at att.com/servicepublications or other locations AT&T may designate. Acceptable Use Policy. AT&T's Acceptable Use Policy ("AUP") applies to Services provided over or accessing the Internet. The AUP may be found at att.com/aup, or other locations AT&T may designate. (d) Service Guides. The description, pricing, and other terms and conditions for the Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which may be found at att.com/servicepublications or other locations AT&T may designate. (c) 1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: Pricing Schedules; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that, Tariffs will be first in priority in any jurisdiction where existing law or regulation does not permit contract terms to take precedence over inconsistent tariff terms. 1.3 Revisions to Documents. Subject to Section 8.2(c) (Materially Adverse Change), AT&T may revise Tariffs, Guidebooks, Service Guides or the AUP (collectively "Service Publications") at any time. 1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this Agreement in its own name and such Affiliate contract will be a separate, but associated, contract incorporating the terms of this Master Agreement with respect to that Pricing Schedule. Customer and AT&T will arrange to have their respective Affiliates comply with this Agreement, regardless of whether an Affiliate has signed a Pricing Schedule. 1.5 Capitalized Terms. Capitalized terms not otherwise defined in this Agreement are defined in Section 11 (Definitions). 2. AT&T DELIVERABLES 2.1 Services. AT&T agrees to either provide or arrange to have an AT&T Affiliate provide Services to Customer in accordance with this Agreement, subject to availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. 2.2 AT&T Equipment. Services may include use of certain equipment owned by AT&T that is located at the Site ("AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to AT&T Equipment (other than ordinary wear and tear) except to the extent caused by AT&T or its agents. 2.3 Software. Any software used with the Services will be governed by the written terms and conditions applicable to such software. Title to software remains with AT&T or its supplier. Customer must comply with all such terms and conditions and they take precedence over this Agreement as to such software. 3. CUSTOMER'S COOPERATION 3.1 Access Right. Customer will in a timely manner allow AT&T to access property and equipment that Customer controls as reasonably required to provide the Services, and Customer will obtain, at Customer's expense, timely access for AT&T to property that Customer does not control (other than public property) as reasonably required to provide the Services. Access rights include the right to construct, install, repair, maintain, replace and remove access lines and network facilities, as well as to use ancillary equipment space within a building, as necessary for Customer's connection to AT&T's network. Customer must provide AT&T timely information and access to Customer's facilities and equipment as AT&T reasonably requires to provide the Services, subject to Customer's reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities, and other items reasonably required to perform installation of the eCRM SR: 1-FJ4XUY SL0833 09.22.11 UA VER I 07/14/08 AT&T and Customer Confidential Information Page 2 of 9 Services, and obtain any necessary licenses, permits and consents (including easements and rights -of -way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. 3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a suitable and safe working environment, free of Hazardous Materials, "Hazardous Materials" means any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pollution, protection of air, water, or soil, or health and safety. AT&T does not handle, remove or dispose of Hazardous Materials, and AT&T has no obligation to perform work at a location that is not a suitable and safe working environment. AT&T will not be liable for any Hazardous Materials, 3.3 Users. "User" means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this Agreement, and Customer agrees that Customer is responsible for Users' use of any Services, unless expressly provided to the contrary in applicable Service Publications. 3.4 Internet Services. If a Service is provided over or accesses the Internet, Customer, Customer's Affiliates, and Users must comply with the AUP. 3.5 Resale of Services. Customer may not resell the Services to third parties without AT&T's written consent. Where permitted under applicable law, Customer may resell the Services to Customer's Affiliates without AT&T's consent. 4. PRICING AND BILLING 4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. Unless a Pricing Schedule states otherwise, the prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term. No promotion, credit or waiver set forth in a Service Publication will apply unless the Pricing Schedule states otherwise. At the end of a Pricing Schedule Term, Customer will have the option to either: (a) cease using the Service (which will require Customer to take all steps required by AT&T to terminate the Service); or (b) continue using the Service under a month -to - month service arrangement. Unless a Pricing Schedule states otherwise, during any month -to -month service arrangement, the prices, terms and conditions in effect on the last day of the Pricing Schedule Term will continue until changed by AT&T on 30 days' prior notice to Customer. 4.2 Additional Charges and Taxes, Prices set forth in a Pricing Schedule are exclusive of, and Customer will pay, all current and future taxes (excluding those on AT&T's net income), surcharges, recovery fees, custom clearances, duties, levies, shipping charges, and other similar charges (and any associated interest and penalties resulting from Customer's failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides proof of a valid tax exemption prior to the delivery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to AT&T, Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty, and Customer will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 4.3 Billing. Unless a Pricing Schedule specifies otherwise, Customer's obligation to pay for all Services will begin upon installation and availability of the Services to Customer. AT&T will invoice Customer for the Services on a monthly basis, or otherwise as specified in the Pricing Schedule. Customer will pay AT&T without deduction (except for withholding taxes as provided in Section 4.2 — Additional Charges and Taxes), setoff (except as provided in Section 4.5 — Delayed Billing; Disputed Charges), or delay for any reason. At Customer's request, but subject to AT&T's consent (which may be withheld if there will be operational impediments or tax consequences), Customer's Affiliates may be invoiced separately and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or Customer's Affiliates are not creditworthy. 4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. AT&T may charge late payment fees (a) for Services contained in a Tariff or Guidebook, at the rate specified therein, or (b) for all other Services, at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law for overdue payments. 4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services invoiced more than 6 months after close of the billing month in which the charges were incurred, except for automated or live operator assisted calls of any type. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charges and the reason it is disputed within 6 months after the date of the affected invoice or Customer waives the right to dispute the charge (except to the extent applicable law or regulation otherwise requires). Disputed charges may be withheld, but if not paid when due, Customer will incur late payment fees in accordance with Section 4.4 (Payments); however, to the extent AT&T determines the charges Customer disputed and withheld were invoiced in error, late payment fees for such charges will be reversed. eCRM SR: 1-FJ4XUY SL0833 09.22.11 UA VER I 07/14/08 AT&T and Customer Confidential Information Page 3 of 9 4.6 MARC. Minimum Annual Revenue Commitment ("MARC") means an annual revenue commitment of MARC-Eligible Charges set forth in a Pricing Schedule that Customer agrees to satisfy during each 12 consecutive month period of the Pricing Schedule Term. At the end of each such 12 month period, if Customer has failed to satisfy the MARC for the preceding 12_ month period, Customer will be invoiced a shortfall charge in an amount equal to the difference between the MARC and the total of the applicable MARC-Eligible Charges incurred during the 12 month period, and payment will be due in accordance with Section 4.4 (Payments). 4.7 Adjustments to MARC. (a) In the event of a business downturn beyond Customer's control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer's business, or network optimization using other Services, or reduction of AT&T's prices, or force majeure events, any of which significantly impairs Customer's ability to meet Customer's MARC, AT&T will offer to adjust the affected MARC to reflect Customer's reduced usage of Services (with a corresponding adjustment to the prices or discount available at the reduced MARC level). If the parties reach mutual agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. This Section 4.7 will not apply to a change resulting from Customer's decision to use service providers other than AT&T. Customer will provide AT&T written notice and evidence of the conditions Customer believes will require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring charges and shortfall charges Customer incurs prior to amendment of the affected Pricing Schedule. (b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T may mutually agree to include the new business or operation under this Agreement. Such agreement will specify the impact, if any, of such addition on Customer's MARC or other volume or growth discounts, and Customer's attainment thereof. 5. CONFIDENTIAL INFORMATION 5.1 Confidential Information, Confidential Information means: (a) information the parties share with each other in connection with this Agreement or in anticipation of providing Services under this Agreement, but only to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, (including without limitation Florida Public Records law, as same may be amended from time to time) the terms of this Agreement, and any pricing or other proposals. 5.2 Obligations. Each party's Confidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, which is indefinite): (a) be held in confidence; (b) be used and transmitted between countries only for purposes of using the Services or performing this Agreement (including in the case of AT&T, the ability to utilize Customer's Confidential Information in order to detect fraud, check quality, and to operate, maintain and repair the Services); and (c) not be disclosed, except to the receiving party's employees, agents and contractors having a need -to -know (but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure restrictions as restrictive as this Section 5), or to the extent authorized to be revealed by law (including without limitation Florida Public Records law, as same may be amended from time to time), governmental authority, or legal process (but only if such disclosure is limited to that which is so authorized and reasonable notice is provided to the disclosing party to the extent practicable and not prohibited by law, governmental authority or legal process). 5.3 Exceptions. The restrictions in this Section will not apply to any information that: (a) is independently developed by the receiving party; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; (c) becomes generally available to the public other than by breach of this Agreement, or (d) if otherwise subject to disclosure, inspection, and/or copying pursuant to Florida Records law, as same may be amended from time to time. 5.4 Privacy Laws. Each party is responsible for complying with the privacy laws applicable to its business. If Customer does not want AT&T personnel to comprehend Customer data to which they may have access in performing Services, Customer should encrypt such data so that it will be unintelligible. Until directed otherwise by Customer in writing, if AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information (CPNI) to any employee or agent of Customer without a need for further authentication or authorization. 6. DISCLAIMERS AND LIMITATIONS OF LIABILITY 6.1 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON -INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE OR COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER), OR GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED eCRM SR: 1-FJ4XUY SL0833 09.22.11 UA VER I 07/14/08 AT&T and Customer Confidential Information Page 4 of 9 UP, STORED OR SUBJECT TO LOAD BALANCING, OR THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO, CUSTOMER'S DATA AND CONFIDENTIAL INFORMATION. 6.2 Limitation of Liability. (a) AT&T'S ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED BY CUSTOMER'S NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS SPECIFIED IN A SERVICE PUBLICATION OR PRICING SCHEDULE, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR THE PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE SERVICES OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. (b) SECTION 6.2(a) WILL NOT APPLY TO: (i) BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S NEGLIGENCE; (ii) BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity), OR SECTION 10.2 (Trademarks); (iii) SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER SECTION 7 (Third Party Claims); OR (iv) DAMAGES ARISING FROM AT&T'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (c) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS. 6.3 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES, EXCEPT TO THE EXTENT CAUSED BY AT&T'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT, OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, OR INTERRUPTIONS (EXCEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN THIS AGREEMENT); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING 911 CALLS OR ANY SIMILAR EMERGENCY RESPONSE NUMBER); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER'S, ITS AFFILIATE'S, USERS', OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, CONFIDENTIAL INFORMATION, NETWORK, OR SYSTEMS. 6.4 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise and whether damages were foreseeable, and will apply so as to limit the liability of each party and its Affiliates, and their respective employees, directors, subcontractors, and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement. 7. THIRD PARTY CLAIMS 7.1 AT&T's Obligations. AT&T agrees at its expense to defend or settle any third -party claim against Customer, its Affiliates, and its and their respective employees and directors, and to pay all compensatory Damages that a court may finally award against such parties to the extent the claim alleges that a Service provided to Customer under this Agreement infringes' any patent, trademark, copyright, or trade secret, but not in circumstances where the claimed infringement arises out of or results from: (a) Customer's, its Affiliate's or a User's content; (b) modifications to the Service by Customer, its Affiliates or third parties, or combinations of the Service with any services or products not provided by AT&T; (c) AT&T's adherence to Customer's or its Affiliate's written requirements; or (d) use of the Service in violation of this Agreement. 7.2 Customer's Obligations. Customer agrees at its expense to defend or settle any third -party claim against AT&T, AT&T's Affiliates, and its and their respective employees, directors, subcontractors, and suppliers, and to pay all compensatory Damages that a court may finally award against such parties to the extent the claim: (a) arises out of Customer's, its Affiliate's, or a User's access to, or use of, the Services and the claim is not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret, and falls within the exceptions eCRM SR: 1-FJ4XUY SL0833 09.22.11 UA VER I 07/14/08 AT&T and Customer Confidential Information Page 5 of 9 (c) in Section 7.1; or (c) alleges a breach by Customer, its Affiliates, or Users of a software license agreement governing software provided in connection with the Services, and the claim is not the responsibility of AT&T under 7.1. 7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the alleged infringing Service so that the Service becomes non - infringing. 7.4 Notice and Cooperation. The party seeking defense or settlement of a third party claim under this Section 7 will notify the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced thereby. The party seeking defense or settlement; will allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense; but the defending party will use counsel reasonably experienced in the subject matter at issue, and will not settle a claim without the consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required where relief on the claim is limited to monetary damages that are paid by the defending party under this Section 7. 8. SUSPENSION AND TERMINATION 8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding, or makes an assignment for the benefit of its creditors. 8.2 Termination or Suspension of Services. The following additional termination provisions apply: (a) Fraud or Abuse. AT&T may terminate or suspend an affected Service, and if the activity implicates the entire Agreement, terminate the entire Agreement, immediately by providing .Customer with as much advance notice as is reasonably practicable under the circumstances if Customer: (i) commits a fraud upon AT&T; (ii) utilizes the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or services. (b) Material Breach. If either party fails to perform or observe any material term or condition of this Agreement, including non-payment of charges (subject to Section 4.5 — Delayed Billing; Disputed Charges), and such failure continues unremedied for 30 days after receipt of notice, the non -breaching party may terminate the affected Service, and if the breach implicates the entire Agreement, terminate the entire Agreement. If Customer is in breach, AT&T may elect to suspend (and later terminate) the affected Service, and if the breach implicates the entire Agreement, suspend (and later terminate) the entire Agreement. Materially Adverse Change. If AT&T revises a Service Publication and the revision has a materially adverse impact on Customer, and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after notice from Customer, then Customer may, as Customer's sole remedy, elect to terminate the affected Service Components on 30 days' notice to AT&T, given not later than 180 days after Customer first learns of the revision to the Service Publication. However, a revision to a Service Publication will not be considered materially adverse to Customer if it changes prices that are not fixed (stabilized) in a Pricing Schedule, if the price change was mandated by a governmental authority, or if the change affects a charge imposed under Section 4.2 (Additional Charges.and Taxes). (d) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the applicable portion of the Service. AT&T has the right; however, to suspend or terminate the applicable portion of the Service immediately when: (i) AT&T's suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines: (a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) that such violation may cause harm to or interfere with the integrity or normal operations or security of AT&T's network or networks with which AT&T is interconnected or interfere with another customer's use of AT&T Services or the Internet; or (c) that such violation otherwise presents imminent risk of harm to AT&T or AT&T's customers or their respective employees. (e) (f) Infringing Services. If neither of the options described in Section 7.3 (Infringing Services) are reasonably available, AT&T may terminate the affected Service without liability other than as stated in Section 7.1 (AT&T's Obligations). Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site where AT&T is to install, maintain or provide Services, AT&T may terminate the affected Service or Service Component, or suspend performance until Customer removes and remediates Hazardous Materials at Customer's expense in accordance with applicable law. eCRM SR: 1-FJ4XUY SL0833 09.22.11 UA VER I 07/14/08 AT&T and Customer Confidential Information Page 6 of 9 8.3 Withdrawal of Services. Notwithstanding that a Pricing Schedule may commit AT&T to provide a Service to Customer for a Pricing Schedule Term, and unless applicable law or regulation mandates otherwise, AT&T may discontinue providing a Service upon 12 months' notice, or a Service Component upon 120 days' notice, but only where AT&T generally discontinues providing the Service or Service Component to similarly —situated customers. 8.4 Effect of Termination. (a) Unless provided herein to the contract, termination by either party of a Service does not waive any other rights or remedies a party may have under this Agreement. Termination or suspension of a Service will not affect the rights and obligations of the parties regarding any other Service. (b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination. If Customer terminates a Service or Service Component prior to the date Customer's obligation to pay for Services begins as provided in Section 4.3 (Billing), Customer will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from the termination. 8.5 Termination Charges. (a) If Customer terminates this Agreement or an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), 8.2(b) (Material Breach), or 8.2(c) (Materially Adverse Change); AT&T terminates a Service pursuant to Section 8.2(e) (Infringing Services), or AT&T withdraws a Service pursuant to Section 8.3 (Withdrawal of Services), Customer will not be liable for the termination charges set forth in Section 8.5(b). (b) If Customer terminates a Service or Service Component other than as set forth in Section 8.5(a), or AT&T terminates an affected Service or Service Component pursuant to Sections 8.1 (Termination of Agreement), or B.2(a) (Fraud or Abuse), 8.2(b) (Material Breach), 8.2(d) (Internet Services), or 8.2(f) (Hazardous Materials), Customer will pay applicable termination charges as follows: (i) if termination occurs before the end of the Minimum Payment Period, Customer.will pay 50% (unless a different percentage is specified in the Pricing Schedule) of the monthly recurring charges for the terminated Service or Service Component multiplied by the months remaining in the Minimum Payment Period, plus any waived or unpaid non -recurring charges identified in the Pricing Schedule (including, but not limited to, any and all charges for failure to satisfy a Minimum Retention Period (MRP)), plus any charges incurred by AT&T from a third party (e.g., not an AT&T Affiliate) due to the termination, all of which will, if applicable, be applied to Customer's MARC-Eligible Charges; and (ii) if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC, after applying amounts received pursuant to (i), for the balance of the Pricing Schedule Term. (c) The charges set forth in Section 8.5(b)(i) will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if (i) the Minimum Payment Period and associated charge for the replacement Service Component are equal to or greater than the Minimum Payment Period and associated charge for the terminated Service Component, and (ii) the upgrade is not restricted in the applicable Service Publication. 9. IMPORT/EXPORT CONTROL The parties acknowledge that equipment, services, software, and technical information (including technical assistance and training) provided under this Agreement may be subject to import and export laws, conventions or regulations, and any use or transfer of the equipment, products, software, and technical information must be in compliance with all such laws, conventions and regulations. The parties will not use, distribute, transfer, or transmit the equipment, services, software, or technical information (even if incorporated into other products) except in compliance with such laws, conventions and regulations. Customer, not AT&T, is responsible for complying with such laws, conventions and regulations for all information, equipment and software Customer transmits between countries using the Services. 10. MISCELLANEOUS PROVISIONS 10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or the provision of Services without the prior written consent of the other party. 10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party's trade names, logos, trademarks, service marks, or other indicia of origin without the other party's prior written consent, which consent may be revoked at any time by notice. 10.3 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond such party's reasonable control. eCRM SR: 1-FJ4XUY SL0833 09.22.11 UA VER I 07/14/08 AT&T and Customer Confidential Information Page 7 of 9 10.4 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement. 10.5 Assignment and Subcontracting. (a) This Agreement may not be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). Customer may, without AT&T's consent, but upon notice to AT&T, assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, but Customer will remain financially responsible for the performance of such obligations. AT&T may, without Customer's consent, assign in whole or relevant part, its rights and obligations under this Agreement to an Affiliate, or subcontract to an Affiliate or a third party work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. (b) In countries where AT&T does not have an Affiliate to provide Service, AT&T may assign its rights and obligations related to a Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries, Customer may be required to contract directly with the local service provider. (c) Any assignment other than as permitted by this Section 10.5 is void. 10.6 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.10 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in good faith to substitute for such invalid, illegal, or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties. 10.7 Injunctive Relief. Nothing in this Agreement is intended, or should be construed, to limit a party's right to seek preliminary or permanent injunctive relief from a court of competent jurisdiction for a breach of any provision of this Agreement. 10.8 Legal Action. Any legal action arising in connection with this Agreement must be filed within 3 years after the cause of action accrues or It will be deemed time -barred and waived. The parties waive any statute of limitations to the contrary. 10.9 Notices. All notices required under this Agreement will be delivered in writing to the recipients contact designated on the cover page of this Master Agreement, or to such other contact as designated in writing from time to time. Notices shall be by internationally recognized overnight courier, certified or registered mail, email, or facsimile and will be effective upon receipt or when delivery is refused, whichever occurs sooner. 10.10 Governing Law. This Agreement will be governed by the law of the State of Florida, without regard to its conflict of law principles. The United Nations Convention on Contracts for International Sale of Goods will not apply. Venue of any action arising out of or resulting from this agreement will be in Miami -Dade County, FL. 10.11 Compliance with Laws. Each party will comply with all applicable laws, regulations, and orders issued by courts or other governmental bodies of competent jurisdiction. 10.12 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T, and does not provide any third party (including Users) the right to enforce or bring an action for any remedy, claim, liability, reimbursement, cause of action, or other right or privilege. 10.13 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations set forth in Section 5 (Confidential Information), Section 6 (Disclaimers and Limitations of Liability), and Section 7 (Third Party Claims), will survive termination or expiration. 10.14 Agreement Language. The authentic language of this Agreement is English. If there is a conflict between this Agreement and any translation, the English version will take precedence. 10.15 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services provided under this Agreement. Except as provided in Section 2.3 (Software), this Agreement supersedes all other agreements, proposals, representations, statements or understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Agreement. eCRM SR: 1-FJ4XUY SL0833 09.22.11 UA VER I 07/14/08 AT&T and Customer Confidential Information Page 8 of 9 11. DEFINITIONS The following terms have the meanings set forth below: "Affiliate" of a party means any entity that controls, is controlled by, or is under common control with, such party. "Damages" means collectively all injury, damage, liability, loss, penalty, interest and expense incurred. "Effective Date" means, for any Pricing Schedule, the date on which the last party signs the Pricing Schedule unless a later date is required by regulation or law. "MARC-Eligible Charges" means, unless the applicable Pricing Schedule indicates otherwise, the recurring and usage charges, after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer for the Services identified in the applicable Pricing Schedule as MARC-contributing. The following are not MARC-Eligible Charges: (a) charges for or in connection with Customer's purchase of equipment; (b) taxes; and (c) charges imposed in connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges). "Minimum Payment Period" means, in respect to any Service, the minimum period for which Customer is required to pay recurring charges for the Service, as specified in the Pricing Schedules or Service Publication for that Service. "Minimum Retention Period" means, in respect to any Service, the period of time for which Customer is required to maintain service to avoid the payment of certain credits, waived charges, or unpaid amortized charges, all as specified in the Pricing Schedule or Service Publication for that Service. "Service Component" means an individual component of a Service provided under this Agreement. "Site" means Customer's physical location, including Customer's collocation space on AT&T's, its Affiliate's, or subcontractor's property, where AT&T installs or provides a Service. eCRM SR: 1-FJ4XUY SL0833 09.22.11 UA VER I 07/14/08 AT&T and Customer Confidential Information Page 9 of 9 at&t dvrr—.•• rtoco, AT&T 1LEC Intrastate Pricing Schedule 070/a29d f c'k!'� Case Number FL11-0841-02 AT&T MA Reference No. &DI/Uq,413L11+% CUSTOMER ("Customer") AT&T ("AT&T") City of Miami Beach Street Address: 1755 Meridian Ave City: Miami Beach State: FL Zip Code: 33139- Billing Address For purposes of this Pricing Schedule, AT&T means the Service Provider specifically identified herein. • Street Address: 1755 Meridian Ave City: Miami Beach State: FL Zip Code: 33139- CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: Gladys Gonzalez Title: IT Director Telephone: 305-673-7776 Fax: - - Email: Street Address: 1755 Meridian Ave City: Miami Beach State: FL Zip Code: 33139- Name: Elena Cordal Title: Account Manager Telephone: 305-569-7292 Fax: - - Email: ec6561@att.com • Attention: Assistant Vice President Street Address: 2180 Lake Blvd., 7th Floor City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com AT&T Authorized Agent or Representative Information (if applicable) Name: Company Name: Agent Street Address: City: State: Zip Code: - Telephone: - - Fax: - - Email: Agent Code: Customer agrees to purchase the Service according to the prices and terms and conditions set forth in this Pricing Schedule and in the applicable Service Publication. In jurisdictions that require the Service to be provided pursuant to tariff, the relevant Service Publication is the applicable Tariff; in jurisdictions that do not require the Service to be tariffed and in which AT&T has no tariff for the Service, the relevant Service Publication is the applicable Service Description(s), Price List(s) or Guidebook(s) (for ease of reference, the Service Descriptions, Price Lists and Guidebooks are referred to herein as the "Guidebook"). Tariffs and Guidebooks can be found at www.att.com/servicepublications. Service is provided by the AT&T Incumbent Local Exchange Carrier (ILEC) Affiliate(s) identified below as the Service Provider(s). Customer (by its authorized repres ntative AT& ,(by i • lufhorized resentaf e)_, f- 1 Al& y _137—.277 - Herrera Bower - N med eI1rla _ ii') i _Matti .Mayor Titl /lyi-oK i L — iwa l�7 Date: /O—G - // Date: - q ett-C.Ck ATTEST Page 1of11 APPROVED AS TO FORM & LANGUAGE FOR EXECUTION at&t AT&T ILEC intrastate Pricing Schedule Case Number FL11-0841-02 Option 1 of 1 1. The Effective Date of this Pricing Schedule is the later of the signature dates above. The Pricing Schedule Term begins ("Term Start Date") (1) if this Pricing Schedule is only for new Service, on the date when the Service is installed and available for use by Customer pursuant to this Pricing Schedule, or (2) if this Pricing Schedule is for existing Service, on the Effective Date of this Pricing Schedule, and the Pricing Schedule terminates automatically at the end of the Pricing Schedule Term based on the number of months selected below. 2. If Customer terminates the Service, in whole or in part, for any reason other than default by AT&T, or AT&T terminates for Customer's default, on or after the Term Start Date, but before the scheduled completion of the Minimum Payment Period, then Customer shall become liable for Termination Charges. Unless otherwise specified in the Notes of this Pricing Schedule, Termination Charges are defined as fifty percent (50%) of the monthly rate for the terminated Service or Service Component as set forth in this Pricing Schedule, multiplied by the number of months remaining in the Minimum Payment Period at the point of termination plus any nonrecurring charges that were not applied upon installation as set forth in this Pricing Schedule. Service Provider: AT&T Florida Offer Expiration: This offer shall expire on: 10/10/2011. Service Interval: Estimated service interval following acceptance date: Negotiable weeks. Service Description ("Service"): This Pricing Schedule provides for BellSouth® Metro Ethernet service, MegaLink® service, BellSouth® Primary Rate ISDN - Voice/Data (Standard) service and Business Lines as part of Basic Local Exchange Service. Term: This Pricing Schedule provides for a Term of thirty-six (36) months with three (3) automatic one-year renewals, unless either party provides written notice of its intent not to renew the Pricing Schedule at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. Metro Ethernet and Megalink: Under this Pricing Schedule, the service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate. Customer is responsible for complying with this requirement, and by ordering or accepting such service under this Pricing Schedule, Customer is representing to AT&T that its traffic on the service will be at least 90% intrastate. Customer understands and agrees that AT&T is relying upon Customer's representations concerning the proper jurisdiction of any and all circuits ordered under this Pricing Schedule. Customer expressly agrees that AT&T has the right, in its sole discretion, to immediately convert any circuit or service to the correct jurisdiction, and adjust the rates and terms accordingly, should AT&T determine that the jurisdictional nature of the circuit or service is different than what the Customer represented. Use of Service for Primary Rate ISDN: Customer agrees that the Service will only be used to transport the voice and/or data traffic of Customer and its Affiliates, and not to originate or terminate voice and/or data traffic to bypass switched access charges as defined by applicable state and federal telecommunications law. Customer understands that this covenant is an essential part of the undertaking by AT&T herein, and that AT&T is relying upon Customer's covenant as an inducement to sell the Service. Customer agrees to compensate AT&T for any switched access charges that AT&T is obligated to pay, or entitled to collect, as a result of Customer's use of the Services, and Customer further agrees that this obligation to compensate AT&T shall not be capped or limited. As used herein the term Switched Access, generally speaking, means the charges that a long distance company is required to pay to a local telecommunications company for the termination or origination of long distance calls to or from a customer whose phone is connected to the local telecommunications company's local switching network. "Affiliate" of a party means any entity that controls, is controlled by, or is under common control with, such party. Page 2 of 11 at&t AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES Case Number FL11-0841-02 Option 1 of 1 Rate Elements Non-Recurrinq Monthly Rate USOC Metro Ethernet Reporting Charge, per $.00 $5.60 CNMME connection Metro Ethernet Reporting Security $.00 $.00 CNMSC card, each Metro Ethernet Reporting, Service Establishment Charge, per customer account $.00 $.00 CNMSE Metro Ethernet Web Interface Charge, $.00 $.00 CNMWF first BellSouth Metro Ethernet Service, 10 Mbps Basic Connection, per connection BellSouth Metro Ethernet Service, 100 Mbps Basic Connection, per connection BellSouth Metro Ethernet Service, 1 Gbps Basic Connection, per connection BellSouth Metro Ethernet Service, 10 Mbps Premium Connection, per connection, Burst Mode $.00 $476.00 MTEBA $.00 $945.00 MTEBB $.00 $1,890.00 MTEBC $.00 $756.00 MTEE3 Page 3 of 11 at&t RATES AND CHARGES 9 AT&T ILEC Intrastate Pricing Schedule BellSouth Metro Ethernet Service, 20 Mbps Premium Connection, per connection, Burst Mode 10 BellSouth Metro Ethernet Service, 50 Mbps Premium Connection, per connection, Burst Mode 11 BellSouth Metro Ethernet Service, 100 Mbps Premium Connection, per connection, Burst Mode 12 BellSouth Metro Ethernet Service, 250 Mbps Premium Connection, per connection, Burst Mode 13 BellSouth Metro Ethernet Service, 500 Mbps Premium Connection, per connection, Burst Mode 14 BellSouth Metro Ethernet Service, Premium Service Arrangement, 2 Mbps Premium Connection, per connection 15 BellSouth Metro Ethernet Service, Premium Service Arrangement, 4 Mbps Premium Connection, per connection Case Number FL11-0841-02 Option 1 of 1 $.00 $854.00 MTEE4 $.00 $1,036.00 MTEES $.00 $1,358.00 MTEE6 $.00 $1,631.00 MTEE7 $.00 $2,079.00 MTEE8 $.00 $460.00 MTEPO $.00 $510.00 MTEP1 Page 4 of 11 at&t AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES 16 BellSouth Metro Ethernet Service, Premium Service Arrangement, 8 Mbps Premium Connection, per connection 17 BellSouth Metro Ethernet Service, 10 Mbps Premium Connection, per connection, Fixed Mode 18 BellSouth Metro Ethernet Service, 20 Mbps Premium Connection, per connection, Fixed Mode 19 BellSouth Metro Ethernet Service, 50Mbps Premium Connection, per connection, Fixed Mode 20 BellSouth Metro Ethernet Service, 100 Mbps Premium Connection, per connection, Fixed Mode 21 BellSouth Metro Ethernet Service, 250 Mbps Premium Connection, per connection, Fixed Mode 22 BellSouth Metro Ethernet Service, 500 Mbps Premium Connection, per connection, Fixed Mode 23 BellSouth Metro Ethernet Service, 1000 Mbps Premium Connection, per connection, Fixed Case Number FL11-0841-02 Option 1 of 1 $.00 $530.00 MTEP2 $.00 $540.00 MTEP3 $.00 $678.00 MTEP4 $.00 $894.00 MTEP5 $.00 $1,080.00 MTEP6 $.00 $1,350.00 MTEP7 $.00 $1,794.00 MTEP8 $.00 $2,547.00 MTEPT Page 5 of 11 at&t AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES 24 BellSouth Metro Ethernet Service, System Reconfiguration Charge, per request, per connection 25 BellSouth Metro Ethernet Service, Priority Plus Feature, per connection 26 BellSouth Metro Ethernet Service, Q- Forwarding Service Establishment Charge, per connection 27 BellSouth Metro Ethernet Service, Q- Forwarding Network Assignment Charge, per network, per connection 28 BellSouth Metro Ethernet Service, Automatic Protection Switching (APS) Feature, Route Protection, Per APS Arrangement of less than 10 route miles 29 MegaLink® service, Digital Local Channel, first 1/2 mile 30 MegaLink® service, Digital Local Channel, each additional 1/2 mile 31 MegaLink® service, Interoffice Channel, each channel 0-8 miles, fixed component Case Number FL11-0841-02 Option 1 of 1 $.00 $.00 MTESY $.00 $.00 $.00 $.00 $63.00 MTETP $,00 MTEQF $75.00 MTEQN $1,285.00 MTEA5 $.00 $80.00 1LDPZ $.00 $32.03 1 LDPA $.00 $49.59 1LNO1 Page 6 of 11 ats&t AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES 32 MegaLink® service, Interoffice Channel, each channel 0-8 miles, each airline mile or fraction thereof 33 MegaLink® service, Clear channel capability, extended superframe format, at initial installation 34 MegaLink® Service Establishment Charge, per entire MegaLink® 35 MegaLink® service, premises visit, per visit 36 BellSouth® Primary Rate ISDN, Access Line, -Each Provisioning USOC Only 37 BellSouth® Primary Rate ISDN, Interface, -Each - Voice/Data (Standard) Provisioning USOC Only 38 BellSouth® Primary Rate ISDN, B-Channel, -Each - Voice/Data (Standard) Provisioning USOC Only Case Number FL11-0841-02 Option 1 of 1 $.00 $15.00 1LNOA $.00 $.00 CCOEF $.00 $.00 MGLSE $.00 $.00 MGLPV $.00 $.00 1 LD1 E $.00 $.00 PR71V $.00 $.00 PR7BV Page 7 of 11 at&t AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES 39 BellSouth® Primary Rate ISDN, D-Channel - No Rate (Provisioning USOC) 40 BellSouth® Primary Rate ISDN, Telephone Numbers for Flat Rate Voice/Data, -Per telephone number requested inward and 2-way 41 Flat Rate Primary Rate ISDN (1- 1 LD 1 E,1-PR71 V,23-PR7BV) 42 Flat Rate Service, Business Service, Multi -line Exchange Access Line, All Rate Groups -Per line (The Multi -line Exchange Access Line rate applies per line to subscribers with more than one exchange access line.) 43 Flat Rate Service, Business Service -Caller ID compatible, Multi -line Exchange Access Line, All Rate Groups -Per line (The Multi -line Exchange Access Line rate applies per line to subscribers with more than one exchange access Tine.) (Caller ID feature must be ordered separately.) Case Number FL11-0841-02 Option 1 of 1 $.00 $.00 PR7EX $.00 $0.15 PR7TF $.00 $550.00 WDDKR $.00 $27.00 MFB $.00 $27.00 MFBCL Page 8 of 11 at&t AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES NOTES: Case Number FL11-0841-02 Option 1 of 1 Metro Ethernet: 1. Customer's Metro Ethernet service includes the service locations listed below. Metro Ethernet service is location specific. If facilities do not exist, special construction charges may apply. 1755 Meridian Ave, Miami Beach, FL 2100 Washington Ave., Miami Beach, FL 1100 Washington Ave., Miami Beach, FL 1691 Michigan Ave., Miami Beach, FL 1837 Bay Rd., Miami Beach, FL 1 Washington Ave. Miami Beach, FL 1001 Ocean Dr., Miami Beach, FL 400 42nd St., Miami Beach, FL 1245 Michigan Ave., Miami Beach, FL 2121 Park Ave., Miami Beach, FL 501 72nd St., Miami Beach, FL 6880 Indian Creek Dr., Miami Beach, FL 1040 Lincoln Rd., Miami Beach, FL 140 Mac Arthur Cswy., Miami Beach, FL 1700 Convention Center Dr., Miami Beach, FL 2300 Pine Tree Dr., Miami Beach, FL 50 NE 9th St., Miami, FL 13975 NW 58th Ct., Miami Lakes, FL 600 17th St., Miami Beach, FL 1351 NW 12th St., Miami, FL 1100 Washington Ave., Miami Beach, FL 2301 Alton Rd., Miami Beach, FL 1680 Meridian Ave., Miami Beach, FL 555 17th St., Miami Beach, FL 2401 Biarritz Dr., Miami Beach, FL 225 Washington Ave., Miami Beach, FL 2. These rates and charges are only valid if the Customer is served from a central office equipped for Metro Ethernet service, or can be extended to a central office equipped for Metro Ethernet service. 3. The following nonrecurring charges will not apply upon initial installation. However, if all or any part of the service is disconnected prior to the expiration of the selected Pricing Schedule term, then Customer will pay full nonrecurring charges that were waived at initial installation as identified below in addition to applicable termination liability charges: USOC Description Nonrecurring Charge CNMSC CNM Security Card $ 200.00 each CNMSE CNM Service Establishment Charge $ 250.00 each MTEBA Metro Ethernet Service, 10 Mbps Basic Connection $1,000.00 each MTEBB Metro Ethernet Service, 100 Mbps Basic Connection $1,500.00 each MTEBC Metro Ethernet Service, 1 Gbps Basic Connection $2,000.00 each MTEE3 Metro Ethernet Service, 10 Mbps Premium Connection, Burst $1,000.00 each MTEE4 Metro Ethernet Service, 20 Mbps Premium Connection, Burst $1,250.00 each MTEE5 Metro Ethernet Service, 50 Mbps Premium Connection, Burst $1,250.00 each MTEE6 Metro Ethernet Service, 100 Mbps Premium Connection, Burst $1,500.00 each MTEE7 Metro Ethernet Service, 250 Mbps Premium Connection, Burst $1,750.00 each Page 9 of 11 at&t AT&T ILEC Intrastate Pricing Schedule Case Number FL11-0841-02 Option 1 of 1 MTEEB Metro Ethernet Service, 500 Mbps Premium Connection, Burst $1,750.00 each MTEPO Metro Ethernet Service, 2 Mbps Premium Connection, Fixed $1,000.00 each MTEP1 Metro Ethernet Service, 4 Mbps Premium Connection, Fixed $1,000.00 each MTEP2 Metro Ethernet Service, 8 Mbps Premium Connection, Fixed $1,000.00 each MTEP3 Metro Ethernet Service, 10 Mbps Premium Connection, Fixed $1,000.00 each MTEP4 Metro Ethernet Service, 20 Mbps Premium Connection, Fixed $1,250.00 each MTEP5 Metro Ethernet Service, 50 Mbps Premium Connection, Fixed $1,250.00 each MTEP6 Metro Ethernet Service, 100 Mbps Premium Connection, Fixed $1,500.00 each MTEP7 Metro Ethernet Service, 250 Mbps Premium Connection, Fixed $1,750.00 each MTEP8 Metro Ethernet Service, 500 Mbps Premium Connection, Fixed $1,750.00 each MTEPT Metro Ethernet Service, 1000 Mbps Premium Connection, Fixed $1,750.00 each MTEQF Q-Forwarding Service Establishment Charge, per connection $ 500.00 each MTESY System Reconfiguration Charge, per request, per connection $ 900.00 each Megalink: 4. All applicable rates and regulations for this service as set forth in the Private Line Services Tariff and the General Subscriber Service Tariff are in addition to the rates and regulations contained in this Pricing Schedule. 5. These rates and charges include the rate elements that have been specifically discounted. Other rate elements that are used in the provision of the service may not have been listed but can be found in the appropriate AT&T tariff. 6. The following nonrecurring charges will not apply upon initial installation. However, if all or any part of the service is disconnected prior to the expiration of the selected Pricing Schedule term, then Customer will pay full nonrecurring charges that were waived at initial installation as identified below in addition to applicable termination liability charges: USOC Description Nonrecurring Charge MGLSE MegaLink® Service Establishment Charge $575.00 each 1LDPZ MegaLink® service, Digital Local Channel, first 1/2 mile $350.00 . each 1LNO1 Interoffice Channel, each channel 0-8 miles, fixed $100.00 each MGLPV MegaLink® service, premises visit, per visit $ 40.00 each Primary Rate ISDN and Business Lines: 7. All rules and regulations for BellSouth® Primary Rate ISDN service and Business Lines as set forth in the General Subscriber Services Tariff (GSST) are applicable to this Pricing Schedule with the exception that PRI volume discounts as outlined in the tariff do not apply. The rate elements included herein have been specifically discounted. Other rate elements used in the provision of the service have not been listed, but may be found in the appropriate Company tariff. Examples of other rate elements are: FCC surcharges, regulatory fees, taxes, or charges for features ordered that are not listed in the Pricing Schedule. 8. Apply five End User Common Line Charges for each Primary Rate Interface. 9. Unless otherwise specified in this Pricing Schedule, Service Connection Charges as specified in Section A4 of the GSST will apply. 10. The following nonrecurring charges will not apply upon initial installation. However, if all or any part of the service is disconnected prior to the expiration of the selected Pricing Schedule term, then Customer will pay full nonrecurring charges that were waived at initial installation as identified below in addition to applicable termination liability charges: USOC Description Nonrecurring Charge 1 LD1 E Access Line $875.00 each PR71V Interface $110.00 each PR7BV B-Channel $5.00 each Page 10 of 11 at&t AT&T ILEC Intrastate Pricing Schedule Case Number FL11-0841-02 Option 1,of 1 - Line Connection, First $63.50 each - Line Connection, Additional $12.05 each Notes for all included Services: 11, Services installed and billing at the time of execution of this Pricing Schedule will not incur early termination penalties upon disconnection. Any new Service installed after execution will be required to meet a thirty-six (36) month minimum service period before disconnecting without early termination penalties. Customer will not be required to re -pay any nonrecurring charges waived at time of installation if Service has been installed for a minimum of twenty-four (24) months. 12. Services installed during the first thirty-six (36) months of this Pricing Schedule will have a service period coterminous with the term of this Pricing Schedule. Services ordered with twelve (12) months or less remaining will require a new thirty-six (36) month term. 13. AT&T shall not assign any portion of this Pricing Schedule to any other persons or firm without first obtaining Customer's written approval. Any attempt to effect an assignment without Customer's prior written consent shall be deemed a default of this Pricing Schedule and subject to remedy. 14. Upon Customer's request to disconnect all service associated with this Pricing Schedule prior to the expiration of the selected Pricing Schedule term, Customer will be charged a one-time Contract Preparation Charge in the amount of $423.00. All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 11 of 11 REQUEST FOR PROPOSALS FOR WIDE AREA NETWORK (WAN) SERVICES TO PROVIDE COMPUTER NETWORK CONNECTIVITY BETWEEN THE MAIN AND REMOTE CITY FACILITIES RFP #11-10/11 PROPOSAL DUE DATE: March 4, 2011 PAMELA LEJA•KATSARIS, CPPO, CPPB, SR. PROCUREMENT SPECIALIST CITY HALL PROCUREMENT DIVISION, 3RD Floor 1700 Convention Center Drive Miami Beach, FL 33139 Phone: 305.673.7490 Fax: 786.394.4006 E-mail: PamelaLeja@miamibeachfl.gov RFP No. 11-10/11 City of Miami Beach Page 1 of 46 WAN Services February 4, 2011 �• MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4006 PUBLIC NOTICE REQUEST FOR PROPOSALS (RFP) NO. 11-10/11 FOR WIDE AREA NETWORK (WAN) SERVICES TO PROVIDE COMPUTER NETWORK CONNECTIVITY BETWEEN THE MAIN AND REMOTE CITY FACILITIES The City is seeking WAN network services that will allow the successful and reliable transmission of information in different electronic forms from and to all of its locations. All proposed services must be proven, secure, reliable and cost-effective. All proposers 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. Miami Beach is presently using WAN services provided by BellSouth, a/k/a AT&T. 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. The City contemplates entering into an agreement with the selected Proposer for an initial term of three (3) years, with three (3) additional one (1) one-year renewal options, at the sole discretion of the City. Sealed Proposals will be received until 3:00 PM on March 4, 2011 at the following address: City of Miami Beach. City Hall Procurement Division — 3rd Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Any Proposal received after 3:00 PM on March 4, 2011 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 10:00 a.m. on February 14, 2011 at the following address: City of Miami Beach City Hall — 4th Floor 1700 Convention Center Drive City Manager's Large Conference Room Miami Beach, Florida 33139 RFP No. 11-10/11 City of Miami Beach Page 2 of 46 WAN Services February 4, 2011 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: 1-877-491-3509 (Toll -free North America) (2) Enter the MEETING NUMBER: 9020453# (note that number is followed by the pound (#) key). Proposers who are interested in participating via telephone, please send .an a -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 is using BidSync a central notification system which provides bid notification services to interested vendors. BidSync 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.bidsync.com. If you do not have Internet access, please call the BidSync vendor support group at 801-765-9245. The City of Miami Beach also utilizes BidNet as a central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet(s), this South Florida Purchasing 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/home1.asp. If you do not have Internet access, please call the BidNet(r) support group at 800-677-1997 extension # 214. 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.Qov • CONE OF SILENCE-- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-323 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002- 3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS - ORDINANCE NO. 2003-3389. • EQUAL BENEFITS ORDINANCE — ORDINANCE NO. 2005-3494. Sincerely, Gus Lopez, CPPO Procurement Director RFP No. 11-10/11 City of Miami Beach Page 3 of 46 WAN Services February 4, 2011 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT Division Tel: 305.673.7490 Fax: 786-394- 4006 RFP No. 11-10/11 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 provide the services requested in the scope of services. Our Company is simply not interested in bidding at this time. Due to prior commitments, I was unable to submit a proposal. OTHER. (Please specify) We do do not want to be retained on your mailing list for future Request for Proposals (RFPs) for similar services outlined in this RFP. 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. RFP No. 11-10/11 City of Miami Beach Page 4 of 46 WAN Services February 4, 2011 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394- 4006 TABLE OF CONTENTS PAGE I. OVERVIEW AND PROPOSAL PROCEDURES 6-11 II. SCOPE OF SERVICES 12-22 III. PROPOSAL FORMAT 23-24 IV. EVALUATION PROCESS/ CRITERIA FOR EVALUATION 25 V. SPECIAL TERMS AND CONDITIONS- INSURANCE 26-27 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 ' 27 - Proposer Information 28 - Acknowledgment of Addenda 29 - Declaration 30 - Sworn Statement/Section 287.133(3) (a), Florida Statutes: Public Entity Crimes 31-32 - Questionnaire 33-36 - Declaration: Nondiscrimination in Contracts and Benefits 37-39 Reasonable Measures Application (If Applicable) 40-41 Substantial Compliance (If Applicable) 42-44 VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS Performance Evaluation Letters - Performance Evaluation Survey ATTACHMENT: Appendix A 45 46 RFP No. 11-10/11 City of Miami Beach Page 5 of 46 WAN Services February 4, 2011 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, history 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 is presently using WAN services provided by BellSouth Business Systems ("BellSouth"), currently known as AT&T. 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. 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, more than one proposer, no proposer, or in part to multiple proposers. City business locations are provided as information only. All questions related to this document shall be addressed to the City of Miami Beach Procurement Department as outlined in this RFP. The City contemplates entering into an agreement with the selected Proposer for an initial term of three (3) years, with three (3) additional one (1) one-year renewal options, at the sole option of the City: B. RFP TIMETABLE The anticipated schedule for this RFP and RFP Issued Pre -Proposal Submission Meeting Deadline for receipt of questions Deadline for receipt of Proposals Evaluation Committee Meeting City Commission approval of award Contract negotiations Projected contract start date contract approval is as follows: February 4, 2011 February 14, 2011 at 10:00 a.m. February 10, 2011 March 4, 2011 no later than 3:00 p.m. March 2011 April/May 2011 May 2011 May/June 2011 RFP No. 11-10/11 City of Miami Beach Page 6 of 46 WAN Services. February 4, 2011 C. PROPOSAL SUBMISSION An original and ten (10) copies of complete Proposals must be received no later than .3:00 pm, on March 4, 2011 at the following address: City of Miami Beach, City Hall Procurement Division — 3rd Floor 1700 Convention Center Drive Miami Beach, Florida 33139 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, electronic, or e-mail responses will be considered. The responsibility for submitting Proposals 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 other occurrence. Proposals received after the RFP due date and time will not be accepted and will not be considered. D. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE 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 works within the city limits of the City of Miami Beach, 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 Proposer certifies that it 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. Proposers 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 Proposer shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed; AND. b. The Proposer shall complete and return the "Substantial Compliance Authorization Form" contained herein. It is important to note that Proposer is considered in compliance if Proposer provides benefits neither to employees' spouses nor to employees' Domestic Partners. RFP No. 11-10/11 City of Miami Beach Page 7 of 46 WAN Services February 4, 2011 E. PRE -PROPOSAL SUBMISSION MEETING A Pre -Proposal Submission Meeting is scheduled for 10:00am on February 14, 2011 at the following address: City of Miami Beach, City Hall City Manager's Large Conference Room — 4th Floor 1700 Convention Center Drive Miami Beach, Florida 33139 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: 877-491-3509 (Toll -free North America) (2) Enter the MEETING NUMBER: 9020453# (note that number is followed by the pound (#) 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, Sr. Procurement Specialist, who may be reached by phone: 305-673-7490; fax 786-394-4006; or e-mail: PamelaLeia(cr�miamibeachfl.gov. Communications between a Proposer, bidder, lobbyist, and/or consultant and the Procurement Director 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 PamelaLeia@miamibecahfl.qov and copy the City Clerk's Office RobertParcher@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, as 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 and City Commissioners and their respective staff, or members of the City's Administrative staff (including but not limited to 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 RFP No. 11-10/11 City of Miami Beach Page 8 of 46 WAN Services February 4, 2011 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. 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 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; which exceptions and alternatives shall be included and clearly delineated in Proposer's submittal response. The City, at its sole and absolute discretion, may accept or reject any or all exceptions. In cases in which exceptions are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP which Proposer takes exception to (as said term and/or condition was originally set forth on the RFP). K. SUNSHINE LAW Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, will be available for public inspection after opening of Proposals, in compliance with Chapter 286, Florida Statutes (the Florida "Government in the Sunshine Law"). L. NEGOTIATIONS The City reserves the right to enter into further negotiations with the top -ranked Proposer, and/or successful Proposer (following authorization of negotiations by the City). Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the top -ranked and/or successful Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposer's that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to and executed by the parties. M. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-3344), as codified in Sections 2-370 and 2-371 of the City Code. Protest(s) not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. N. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the services and/or project RFP No. 11-10/11 City of Miami Beach Page 9 of 46 WAN Services February 4, 2011 contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. O. DEFAULT Failure or refusal of the successful 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. P. CONFLICT OF INTEREST All Proposers must disclose, within 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 entity or any of its affiliates. Q. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws, as amended from time to time. Proposers shall ensure that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such investigations and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME 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 RFP No. 11-10/11 City of Miami Beach Page 10 of 46 WAN Services February 4, 2011 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 Proposers are hereby advised that this RFP is subject to the City's Cone of Silence requirements, as set forth in Section 2-486 of the City Code. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFP is subject to the City's Debarment Ordinance (Ordinance No. 200-3234), as codified in Section 2-397 through 2-406 of the City Code. W. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and ail Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code, as amended from time to time. Proposers shall insure that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non- compliance. X. CODE OF BUSINESS ETHICS Pursuant to City 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 its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. Y. AMERICAN WITH DISABILITIES ACT (ADA) Call 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 the 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. RFP No. 11-10/11 City of Miami Beach Page 11 of 46 WAN Services February 4, 2011 SECTION II -- SCOPE OF SERVICES The City's Wide Area Network is comprised of approximately 35 facilities in an area of approximately 7 square miles. The 35 sites are connected utilizing a combination of metro Ethernet circuits and Dark Fiber. The main concentrations of clients are 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. The Dark Fiber connection is not part of this RFP. 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 listed in Appendix A. All proposed services must be proven, secure, reliable and cost-effective facilities. All Proposers 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. Voice over IP equipment has been installed in the City. Currently, it runs on the data network with direct 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. Proposers are responsible for ensuring that all proposed services are in unquestioned compliance with federal, state, regional and local governing bodies which regulate the proposed WAN network services, be it in their delivery, operation, pricing and/or taxation. Proposer 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 must present the following information for all proposed services: 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 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 customer service support procedures, including physical locations. 5. Briefly describe your network operations center and the procedures currently in place to proactively identify and correct communications problems. 6. Describe the process for reporting network problems and/or outages. The City requires a toll free, 7 x 24.hour trouble reporting service. 7. Describe the process the City will follow to ascertain the status of reported problems and/or outages. 8. 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. The City's objective is to obtain a maximum of a two hour response to all trouble tickets. 9. 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) RFP No. 11-10/11 City of Miami Beach Page 12 of 46 WAN Services February 4, 2011 10. Describe in detail the process for adding, deleting or modifying network services and/or communications links. 11. Information on Proposer billing format and flexibility to accommodate City billing information requirements. Proposer must have the ability to provide the City with electronic billing and account data from their Customer data processing systems. 12. All Proposers must detail their bill review, billing adjustment, and service assurance process. 13. 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. 14. 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. 15. All Proposers 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. 16. Present detail and support documentation that. identifies the number of network outages during last calendar year. 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. 17. Indicate the availability of periodic network traffic reports, their respective contents and any associated costs. 18. 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 must offer contingency/disaster recovery plans and procedures for the existing network and possible enhancements. Present detail of Proposer'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 Proposers to present a formal copy of its network contingency/disaster recovery plan. .19. The City requires that all Proposers 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. 20. 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. 21. Describe the policies and procedures that are currently in place which ensure the security and integrity of the proposed physical and virtual circuits. 22. Provide manufacturer name and model of networking equipment certified for the proposed communication network. 23. Describe packet prioritization by type inside your network, as it relates to the delivery of critical data and voice. Describe any special premise equipment required. 24. Describe current, and planned access speeds and network protocols supported by your organization; indicating expected lifetimes of each. 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. RFP No. 11-10/11 City of Miami Beach Page 13 of 46 WAN Services February 4, 2011 • 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. Security The City deals with highly sensitive data. The Successful Proposer 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 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. Equipment Installation The Successful Proposer is responsible for all activities necessary for the successful implementation of each site. Additionally, the Successful Proposer is responsible for the removal and disposal of all shipping and packing materials. Disposal of Old Equipment The Successful Proposer 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 shall provide at least a 24 hour advanced notice of any planned network service interruption. Additionally, the Successful Proposer will provide notification to the City of any unplanned outages as they occur. Subcontractors The City prefers that the Successful Proposer provide all services and/or facilities needed to comply with the RFP. If, however, it is necessary for the Successful Proposer to utilize Sub- RFP No. 11-10/11 City of Miami Beach Page 14 of 46 WAN Services February 4, 2011 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 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 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 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 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 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 must work towards the continuous improvement -of the City network services. Change Management (Control and Notification) The Successful Proposer 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 Proposers about other additional enhanced network services that are offered. Security The Proposers 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 procedures for assessment of Proposer network risk. 2. Network policies and procedures to minimize and prevent unauthorized network access, misuse, degradation, and loss of information assets and critical operations. 3. Recovery procedures in the event network security procedures are breached. 4. Proposer liability in the event of network security breaches. RFP No. 11-10/11 City of Miami Beach Page 15 of 46 WAN Services February 4, 2011 Contingency Requirements The Proposer 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. network suffers a total outage. 7. Proposer Network Build -out schedules. Transmission Requirements Proposer 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 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 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 must attach a copy of the proposed service and maintenance policies and procedures to which the Proposer will adhere during the length of the agreement. The City minimally requires the levels of major account support in the following primary areas. All Proposers 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 convert the services from the present provider to the selected Proposer without any disruption and/or negative impact on the City's operations. 2. Operational support — proactive and dynamic support of the short and long-term critical operation and maintenance of the Proposer 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. RFP No. 11-10/11 City of Miami Beach Page 16 of 46 WAN Services February 4, 2011 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 must be documented and credited retroactive to installation or appropriate date within sixty (60) days. Response Time and Service Hours 1. Proposer must furnish immediate alternative traffic routing in the event of a network facility and/or network component failure. 2. Proposer 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 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 must acknowledge their clear understanding of the City's requirements and their commitment to meet the same. 3. The successful Proposer must provide around -the -clock service, 24 hours per day/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. The successful Proposer 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 guarantees that network services acquired or already in use during the term of the resulting Agreement will: 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 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 will present proposed network services percentage uptime for the most recent eighteen (18) months. 5. Successful Proposer 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 must identify and present problem resolution and escalation procedures. RFP No. 11-10/11 City of Miami Beach Page 17 of 46 WAN Services February 4, 2011 Trouble Reporting Proposer 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 must affirm capability to prioritize service calls to City provided locations. City agrees to notify successful Proposer 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 and City will mutually determine when the desired maintenance window will occur. Personnel Review The City may require changes of Proposer account representatives for justified reasons. City reserves the right to review the qualification, experience and personal demeanor of Proposer 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 must provide a single interface point for the coordination of this major account. Proposer must provide warranted resources in the area of sales, engineering, technical support, network services maintenance, operations, regulatory support and overall network services administration. Proposer 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 Proposer 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 may have to 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 Proposers must be direct providers of the proposed services and support personnel. Network Services Documentation The following documentation must be provided to the City upon request 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. RFP No. 11-10/11 City of Miami Beach Page 18 of 46 WAN Services February 4, 2011 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 and the City. Service History Reports Proposer 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 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 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 must be able to 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 must provide a monthly statistically driven service management report, as required 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 must provide sample reports. Network Services Conversion Plan All Proposers are required to submit a Gantt Chart with critical path benchmark dates clearly identified for network services project implementation and conversion. Proposer must consider all elements of implementation from contract execution to acceptance testing. Proposers 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 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. RFP No. 11-10/11 WAN Services February 4, 2011 City of Miami Beach . Page 19 of 46 Network Services The network services proposed by Proposer 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 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 bids with network services of equal quality and performance will be considered if all deviations from the Bid 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 Bid Specifications. The decision of City shall be final. Bid network services offered and installation of the same must meet all Federal, State, regional and local laws, ordinances, regulations and safety requirements. All Proposers 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. Bid prices will include all the above referenced costs. Acceptance Acceptance will be defined for the bid 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. The City and selected Proposer 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. 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 Proposed network services must be completely provided and installed by the successful Proposers. Proposer 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 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 must explicitly agree to pass -through directly to the City, any reduction in local access charges as any such rate reduction is available. RFP No. 11-10/11 City of Miami Beach Page 20 of 46 WAN Services February 4, 2011 Service Level Agreements Proposers must explicitly identify the terms and conditions of the service level agreement appropriate for each service Proposer 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 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 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. 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 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 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 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. Comprehensive Framework and Cost Description The Proposer must provide a comprehensive framework that addresses the initial implementation and on -going operational methodology and plan, service, and maintenance phases, of the relationship. They include: RFP No. 11-10/11 City of Miami Beach Page 21 of 46 WAN Services February 4, 2011 1. Implementation and Conversion Approach 2. Financial Incentives 3. Pricing Flexibility 4. Services Bundling Pricing 5. Revenue Volume Pricing 6. Traffic Sensitive Pricing 7. Agreement Length Sensitive Pricing Minimum Deliverables In response to this RFP, the Successful Proposer must provide the following deliverables: 1. If solutions are presented which require changes to the network hardware infrastructure, Successful Proposer 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 costs and technology should be based on the current bandwidth utilization in Appendix A. J 1 RFP No. 11-10/11 City of Miami Beach Page 22 of 46 WAN Services February 4, 2011 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 Proposals. 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: Proposers 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 Proposer. b) Proposer's must provide documentation: Proposer's shall submit such supporting documentation as they deem necessary to demonstrate the capability to provide and implement the services that provide evidence as to the capability to provide and implement the services as outlined in this RFP. c) References: List at least four (4) client references, to include contact name, title, company, address, telephone number, e-mail address, fax number. d) Qualifications of Proposer/ Management Team and Key Personnel: Outline in detail the experience and qualifications of the Proposers entity, and the Proposer's management team, in providing similar projects/programs as outlined in this RFP. e) 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. f) Cost Information: Cost information must be submitted with Proposal, as requested in the RFP. Notwithstanding any fee submitted, the City reserves the right to further negotiate same with the successful Proposer. g) Past Performance Client Survey 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. Please provide your client with the Performance Evaluation Letter and Survey attached herein, and request that your client submit the completed survey to Pamela Leja, at (Fax) 786-394-4006 or e-mail PamelaLeja@miamibeachfl.gov. The City will not accept Client Surveys sent to the Procurement Division from the office of the Proposer. Surveys must be sent to the Procurement Division directly from your client's office(s). Proposers are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and successful Proposer 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. 11-10/11 City of Miami Beach Page 23 of 46 WAN Services February 4, 2011 h) Methodology and Approach. The Proposer must specifically describe its proposed methodology and approach for completing the services required in the scope of work. This is to include, but not be limited to, a proposed operational plan. 3. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information 4. Any other Documents Required by this RFP. RFP No. 11-10/11 City of Miami Beach Page 24 of 46 WAN Services February 4, 2011 SECTION IV — EVALUATION PROCESS/CRITERIA FOR EVALUATION The procedure for Proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of Proposals. 3. Opening of Proposals and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, will meet to evaluate each Proposal in accordance with the requirements of this RFP. 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. 6. The Evaluation Committee shall base its recommendations on the following factors, for a total of 100% • 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% 7. After considering the recommendation(s) of the Evaluation Committee, the City Manager will recommend to the City Commission the response or responses, acceptance of which the City Manager deems to be in the best interest of the City. The Committee's recommendation(s) will adhere to the criteria in Item No. 6, above. 8. The City Commission will consider the City Manager's recommendation(s) (in Tight of the recommendations(s) and evaluation of the Evaluation Committee) and, as appropriate, approve the City Manager's recommendation(s); may reject the recommendation(s) and select another proposal or proposals; or may reject all proposals. 9. Contract negotiations between the selected Proposer(s) and the City commence. If the City Commission has so directed, the City may proceed to negotiate a contract with a respondent 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. 10. A proposed contract (or contracts) may be presented to the City Commission for approval, modification and approval, or rejection. 11. 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. 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. RFP No. 11-10/11 City of Miami Beach WAN Services Page 25 of 46 February 4, 2011 SECTION V — SPECIAL TERMS AND CONDITIONS: INSURANCE INSURANCE: The successful Proposer shall obtain, provide and maintain during the term of the contract 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. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty (30) days prior written notice to the City. The successful 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 contract. 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 contract. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancies of Proposer outside the proposed contract, 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. 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: The successful Proposer's failure to procure or maintain required the insurance program shall constitute a material breach of the contract by which City may immediately terminate same. RFP No. 11-10/11 City of Miami Beach Page 26 of 46 WAN Services February 4, 2011 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). XXX 3. 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. XXX 6. Other Insurance as indicated: Builders Risk completed value $ . 00 Liquor Liability $ . 00 Fire Legal Liability $ . 00 Protection and Indemnity $ . 00 Professional Liability/Medical Malpractice $ .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 RFP No. 11-10/11 City of Miami Beach Page 27 of 46 WAN Services February 4, 2011 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Printed: Address: City/State: Telephone: Fax: E-mail: Tax ID# 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 time until and unless a contract has been agreed to and signed by both parties. For Proposer: (Authorized Signature) (Date) (Printed Name) RFP No. 11-10/11 City of Miami Beach Page 28 of 46 WAN Services February 4, 2011 REQUEST FOR PROPOSALS NO. 11-10/11 ACKNOWLEDGEMENT 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: 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 RFP No. 11-10/11 City of Miami Beach Page 29 of 46 WAN Services February 4, 2011 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of , 2011 The undersigned, as Proposer, 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 Proposer and the City, for the performance of all requirements to which the response pertains. The Proposer sates that the response is based upon the documents identified by the following number: RFP No. 11-10/11. WITNESS PROPOSER SIGNATURE PRINTED NAME PRINTED NAME WITNESS TITLE PRINTED NAME RFP No. 11-10/11 City of Miami Beach Page 30 of 46 WAN Services February 4, 2011 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. 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: ). 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. 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. 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; 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. RFP No. 11-10/11 City of Miami Beach Page 31 of 46 WAN Services February 4, 2011 3) 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. 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 neither 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] I 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 , 2011 Personally known OR Produced identification Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) RFP No. 11-10/11 City of Miami Beach Page 32 of 46 WAN Services February 4, 2011 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: J Address of Resident Agent: President's Name: Vice -President's Name: Treasurer's Name: RFP No. 11-10/11 City of Miami Beach Page 33 of 46 WAN Services February 4, 2011 Questionnaire (continued) Members of Board of Directors: 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: RFP No. 11-10/11 City of Miami Beach Page 34 of 46 WAN Services February 4, 2011 Questionnaire (continued) 4. Has the Proposer or any of its principals 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(1/0). (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%0) 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.) 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. RFP No. 11-10/11 City of Miami Beach Page 35 of 46 WAN Services February 4, 2011 Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the RFP, and such information is warranted by the Proposer to be true and accurate. The Proposer agrees to furnish such additional information, prior to acceptance of any Proposal, relating to the qualifications of the Proposer, as may be requested 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 City, through the Miami Beach Police Department. By submitting this Questionnaire the Proposer agrees to cooperate with this investigation, including but not limited to, fingerprinting and providing information for a credit check. PROPOSER WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Successful Proposer Print Name Address By: General Partner Print Name ATTEST: IF CORPORATION: Secretary Print Name of Corporation Print Name Address By: President (Print Name) (CORPORATE SEAL) RFP No. 11-10/11 City of Miami Beach Page 36 of 46 WAN Services February 4, 2011 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.: (If 50 or less, skip to Section 4, date and sign) 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 ❑ Sex _Yes _ No E Color _ Yes _ No ❑ Sexual orientation _ Yes _ No ❑ Creed _ Yes _ No ❑ Gender identity (transgender status) _ Yes _ No D 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 ❑ AIDS/HIV status _ Yes _ No 0 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 RFP No. 11-10/11 City of Miami Beach Page 37 of 46 WAN Services February 4, 2011 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 internal 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 at 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 Dental ❑ ❑ ❑ ❑ Vision o ❑ ❑ ❑ Retirement (Pension, 401(k), etc.) o o ❑ ❑ Bereavement o o o ❑ Family Leave o o ❑ ❑ Parental Leave o o ❑ ❑ Employee Assistance Program ❑ o ❑ o Relocation & Travel ❑ ❑ ❑ ❑ Company Discount, Facilities & Events ❑ ❑ ❑ ❑ Credit Union o o ❑ ❑ Child Care o o ❑ ❑ Other o o ❑ ❑ 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 RFP No. 11-10/11 WAN Services City of Miami Beach Page 38 of 46 February 4, 2011 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? Section 4. Executing the Document . _Yes _ No I 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 RFP No. 11-10/11 City of Miami Beach Page 39 of 46 WAN Services February 4, 2011 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 for employees to 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 RFP No. 11-10/11 City of Miami Beach Page 40 of 46 WAN Services February 4, 2011 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 applies: 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. RFP No. 11-10/11 City of Miami Beach Page 41 of 46 WAN Services February 4, 2011 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: RFP No. 11-10/11 WAN Services February 4, 2011 City of Miami Beach Page 42 of 46 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. For a delay to be granted under this provision, written proof must be submitted with this form that: RFP No. 11-10/11 City of Miami Beach Page 43 of 46 WAN Services February 4, 2011 • 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 RFP No. 11-10/11 City of Miami Beach Page 44 of 46 WAN Services February 4, 2011 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4006 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 pursuant to the submittal of responses to this Request for Proposals. The information will be used to assist City of Miami Beach in the evaluation of Proposals received in response to the RFP for Wide Area Network (WAN) Services. The company listed in the subject line has chosen to participate in this RFP. 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 March 4, 2011, via fax: 786.394.4006; or email: PamelaLeja @miamibeachfl.gov. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director RFP No. 11-10/11 City of Miami Beach Page 45 of 46 WAN Services ( February 4, 2011 M AMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach,Florida 33139, www.miamibeachFl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-394-4006 PERFORMANCE EVALUATION SURVEY RFP 11-10/11 Company Name: Point of Contact: Phone and email: Please evaluate the performance of the company (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). Please leave blank if you don't know. NO. CRITERIA UNIT 1 Ability to maintain courteous and professional service (1-10) 2 Communication, resolution of discrepancies, responsiveness of personnel servicing the account [to include availability of designated contact person(s)] (1-10) 3 Responsiveness to priorities for service (1-10) 4 Ability to provide requested services within the designated timeframe (1-10) 5 Cost of services provided (1-10) 6 Experience level and credentials of assigned staff (1-10) 7 Overall customer satisfaction and hiring again based on performance (comfort level in hiring this firm again) (1-10) Overall Comments: Company providing Referral: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: Thank you for your time and effort. Please return this form via fax to 786-394- 4006 Attn: Pamela Leja, or via e-mail: PamelaLeiana miamibeachfl.gov on or before March 4, 2011. RFP No. 11-10/11 City of Miami Beach Page 46 of 46 WAN Services February 4, 2011 Appendix A METRO ETHERNET Locations Connectivity At City Hall (1700 Convention Center Drive) 10M At Police Station (1100 Washington Avenue) 1G At Fire Station #2 (2300 Pine Tree Drive) At Parks&Recreation (2100 Washington Avenue At ACE (555 17th Street) At Fire#2 Admin (1680 Meridian Street) 1G 100M 100M 10M At P/F Pension (1691 Michigan Av Suite-355) 10M At Parking Sign Shop (1837 Bay Road) 10M At 42nd St Parking Garage (400 42nd Street) 10M At Golf Clubhouse (2301 Alton Rd) 10M At Colony Theater (1040 Lincoln Road) 10M At Bass (2121 Park Ave) AT Fire Station #4(6860 Indian Creek Dr) At North Shore YC (501 73rd Street) 10M 10M 10M At 17th St Parking Garage (600 17th Street) At South Point Park (1 Washington Ave) 10M 10M At Beach Patrol (1001 Ocean Dr) 10M At Normandy Golf Course (2401 Biarritz Drive) 10M At Fleet Management(140 McArthur Causeway) 10M At Property Management (1245 Michigan Ave) At Scott Raykow YC (2700 Sheridan) At Fire Station #1 (1051 Jefferson) 10M 1.5M 1.5M At Fire Station #3 (5301 Collins Ave) At Fairway Park (200 Fairway Drive) At NESS (6840 Indian Creek Dr) 1.5M 1.5M 1.5M At Marine Patrol (1800 Purdy Avenue) 1.5M At Normandy Pool (1765 71st Street) 1.5M At Beach Patrol Trailer (7950 Collins Ave) 1.5M At Normandy Golf Maintenance(602 Hagen Ave) 1.5M At 79th St Open Space (7929 Atlantic Way) 1.5M lnktelBuilding Metro AT NAP 50 NE 9th. St., Miami FL Police Fingerprint 10 Meg Metro E At Police Station Data Center 10M 10M MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4006 February 9, 2011 RE: ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) NO. 11-10/11 FOR WIDE AREA NETWORK (WAN) SERVICES TO PROVIDE COMPUTER NETWORK CONNECTIVITY BETWEEN THE MAIN AND REMOTE CITY FACILITIES In response to questions and requests for additional information received by prospective Proposers by the Administration, the subject RFP is hereby amended as follows: • On page 6 of the RFP under the section entitled "B. RFP TIMETABLE", the Deadline for receipt of questions is changed to February 16, 2011. Question and Answer Q) Is the Police Station Data Center located at the NAP at 50 NE 9th. St. Miami, FL or is it located at the MBPD at 1100 Washington Avenue, Miami Beach, FL location? A) It is located at the MBPD at 1100 Washington Avenue, Miami Beach, FL Proposers are reminded to please acknowledge receipt of this addendum as part of your proposal submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Proposers" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director RFP No. 46-09/10 Addendum #1 August 4, 2010 Page 1 of 1 MI/MIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394.4006 February 23, 2011 RE: ADDENDUM NO. 2 TO REQUEST FOR PROPOSALS (RFP) NO. 11-10/11 FOR WIDE AREA NETWORK (WAN) SERVICES TO PROVIDE COMPUTER NETWORK CONNECTIVITY BETWEEN THE MAIN AND REMOTE CITY FACILITIES In response to questions and requests for additional information received by prospective Proposers by the Administration, the subject RFP is hereby amended as follows: Questions and Answers Q1) Billing: Are you requiring to pay electronically or view the bill online? Al) The City needs to be able to have a printed copy of the bill. You may mail it to us or send us an electronic copy, or provide a link to a printable version online. The City may pay using Visa Credit Card or by mailing checks. Q2) Are you accepting bids for portions of RFP allowing for multiple providers or choosing 1 provider? A2) The City would prefer one service provider. Q3) Can you provide a drawing of the network map? Infrastructure Diagram? A3) Yes —See attached diagram. Q4) Subcontractors/Partners: What are the guidelines/allowances for Lead/Sub joint submissions? A4) The City requests that each proposer present their subcontractors/partners at the time the proposal is submitted. Changes to these may be made at a later time with the City's expressed written consent. Vendors may not declare that they will not rely on subcontractors/partners and then change their position after the proposals are submitted. Q5) Could partners or consortiums submit a joint proposal? A5) The City would prefer and contract with one service provider. Q6) If the lead will require to build the network: a. Will time be allowed for that? b. How will the need to construct be taken into consideration? c. Will the City of Miami Beach help on related construction permits within the City of Miami Beach to expedite/reduce time? RFP No 11-10/11 Addendum #2 February 23, 2011 Page 1 of 6 A6) a. No, the City prefers a solution that minimizes build time. b. All construction must abide by existing construction laws and regulations. c. If permits are required, the successful proposer is responsible for obtaining all permits pursuant to this project. There may be some assistance from the City available to streamline this process, once permitting is underway. Q7) How will transition be performed from the incumbent at a given location to the new provider? (The "MOP" or, Maintenance Operation Procedure) A7) Once the service provider has completed turn -up and testing of new circuit. The City will be notified that all work has been completed and the circuit is ready for use. The City will test and turn -up site on new circuit. The incumbent will be then be notified to disconnect there circuit. Q8) Please define or go into more detail on what the city determines as a "reasonable financial return". A8) 25% of the evaluation criteria is based on cost and proposers should price their solution accordingly. Q9) What connection is the City of Miami Beach currently using to reach the NAP of the Americas? Bandwidth? Protection (or not protected)? A9) Metro Ethernet. 10Mbps. Best Effort - no Protection (SLA) or the City expects all network traffic to remain Protected, private, and secure from capture while it transverses provider WAN. Q10) What is considered a "minimum lead-time?" A10) The City prefers a solution that minimizes build and implementation time. Q11) Will the City provide routing policies (logical)? Al1) Yes. Q12) How are the current remote facilities (35) connected to and from the main facilities? Al2) AT&T Metro Ethernet and Point to Point T1's. Q13) Will the City provide redundant power for the equipment? If so, what will be the SLAs on the power? Does the proposer need to provide generators or redundant power? A13) The City will provide power to the CPE. No Service Level Agreements (SLAs) will be implied for power. Q14) What is the current network convergence time (in case of failure)? A14) - 185 seconds on 1.5M circuits and -25 seconds on circuits above 1.5M. Q15) What is the City's current disaster recovery plan and procedure? A15) The City's Continuing Operation Plan may be provided to the successful proposer. RFP No. 11-10/11 Addendum #2 February 23, 2011 Page 2 of 6 Q16) What is the current physical and logical topology of the City's network A16) The network diagram is attached. Q17) What will be the expected connectivity requirements (i.e. 10/100/1000Mbps)? A17) See Appendix A. Q18) Will the City require Qino Tagging? A18) Yes, if the provider solution involves Trunking. Q19) Will the City require VLAN Tagging/Honoring/Pass Thru? A19) Yes, if the provider solution involves Trunking. Q20) Will the City require any support for Storage Connectivity (i.e. ESCON/FICON/iSCSI, etc)? A20) No. Q21) What termination requirements are needed (i.e. RJ45, ST, SC, LC, MT-RJ, etc)? A21) The City would prefer a RJ45 CPE handoff. Q22) Can blocks of current public IP addresses registered to the City be provided (if any) to Proposers? A22) No. Q23) Provide the NPA-NXX for each of your sites. A23) CO — Miami Beach Location: 1550 Lenox Av NPA / NNX Information NPA NXX Category 305 531 C.O. CODE 305 532 C.O. CODE 305 534 C.O. CODE 305 535 C.O. CODE 305 538 C.O. CODE 305 604 C.O. CODE 305 672 C.O. CODE 305 673 C.O. CODE 305 674 C.O. CODE 305 695 C.O. CODE 305 938 C.O. CODE 786 276 RFP No. 11-10/11 Addendum #2 February 23, 2011 Page 3 of 6 CO — Miami Indian Creek Location: 6800 Harding Av MIAM NPA / NNX Information NPA NXX Category 305 861 C.O. CODE 305 864 C.O. CODE 305 865 C.O. CODE 305 866 C.O. CODE 305 867 C.O. CODE 305 868 C.O. CODE 305 993 C.O. Q24) Please confirm the zip code(s) for all of your sites. If you have multiple zip codes, list the full site address and include the zip code. A24) See updated Appendix A Q25) Is it the preference of the City to consider proposals only to providers able to service 100% of the locations listed within the RFP? A25) The City would prefer one service provider Q26) Identify exactly what product you want to put at each location. For example, do you need MPLS? If so, please specify the level. A26) The City has no preference as to the underlying technology used inside the provider network, as long as it meets the standards set forth in the RFP. Q27) Are you going to need any voice lines at these locations? Are you going to run the voice over the Metro E or do a separate circuit for the voice at the locations where you have Metro E? A27) No. Run the voice over the Metro E. Q28) Is there any Long Distance? Will you need a flat rate, or are you going to add buckets? A28) No to both questions. Q29) We need to know the equipment list (quantities & device types by model and manufacturer) A29) Need further clarification on this request. Q30) How many resources are supporting today? A30) The WAN is currentlysupported by AT&T. Q31) Is this just an operations takeover? A31) No. Q32) Is there a refresh of the WAN devices in scope? RFP No. 11-10/11 Addendum #2 February 23, 2011 Page 4 of 6 A32) No. Q33) Where are the support people located? A33) The WAN is currently supported by AT&T. Q34) Would we have LOA's for hardware support and telecom vendors? A34) Need further clarification on this request. Q35) Does the City expect a flat layer 2 network with each location sharing the same layer 2 broadcast domain? If not, will the City require the Proposer to provide a 802.1q trunk handoff at each location wherein the City will support routing between discrete VLANs? A35) The City has no preference as to the underlying technology used inside the provider WAN, as long as it meets the standards set forth in the RFP. The City expects all network traffic to remain protected, private, and secure from capture while it transverses the provider WAN. Q36) Does the City expect a copper Ethernet handoff or a fiber optic handoff at each location? A36) The City would prefer a RJ45 CPE handoff. Q37) Does the City require a larger than 1500-byte MTU as part of the Proposer's solution? A37) No. Q38) As per the comments in the pre -proposal Monday the 14th we were advice that you were going to send a basic network diagram of the existing WAN as well as the address of the Main Hubs. A38) The network diagram is attached. Q39) Is the City willing to entertain a Wireless Campus solution if it's engineered with SLA's comparable to a traditional Wired Solution? A39) The City would prefer a wired solution. Q40) Is there a requirement for services that will yield higher SLA's than those provided by Premium ATT Metro-E offering ? (Clarification of this vendor question to me would mean a redundant offering incorporated depending on the cities available spend for the requirement) A40) No. Q41) Page 16- Proposer Service Requirements Question 2: Our firm will provide support for every aspect of the proposed service however, proactive notification of issues is not offered as a standard component of the service. Will the City accept a service enhancement that will empower the city to do its own "Real Time" monitoring of all Network Services? RFP No. 11-10/11 Addendum #2 February 23, 2011 Page 5 of 6 A41) The City would prefer the successful proposer to provide. Q42) Regarding comments in the RFP as to "No Downtime", during conversion is the city willing to accept a planned outage during conversion if it is scheduled with advance notice and works around the cities schedule? Alternatively, if "No Downtime", is absolute is the city planning on launching the new network in parallel and does the city have the necessary equipment to accomplish said task? A42) Yes, with IT Management approval. Q43) As per the request made pre -bid meeting request for RFP # 11-10/11 we are respectfully requesting City of Miami Beach records concerning deployment of current fiber optic installations. A43) These records will not be provided as exposing this information exposes network security and data safety concerns. This information is not required for proposers to provide proposals for the solutions sought in this RFP. THIS IS A FORMAL ADDENDUM THAT HAS TO BE ACKNOWLEDGED IN THE Proposal ADDENDA ACKNOWLEDGEMENT FORM. IF A PROPOSER FAILS TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM AS PART OF ITS SUBMISSION, THE CITY RESERVES THE RIGHT TO REQUEST, AND THE PRPOSER MUST COMPLY WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT OF WRITTEN REQUEST FROM THE CITY. FAILURE TO ACKNOWLEDGE THE RECEIPT OF THIS ADDENDUM MAY RESULT IN DISQUALIFICATION. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Proposers" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director RFP No. 11-10/11 Addendum #2 February 23, 2011 Page 6 of 6 1Gb Parks and Rec Fire Station 4 2100 Washington Ave 6880 Indian Creek Dr Internet NAP i0 N:1, 9�' tilrm.t ACE 555 170, Street we Beach Patrol 1001 Ocean Dr Bass Museum 2121 Park Ave Maga Court Liason 1351NW12St / I South Pointe Park 1 Washington Ave P/F Pension 1691 Michigan Ave 100M PDHQ 1100 Washington Ave 1Gb 100M 10M / / 1 /Parking S.S. `\ 1837 Bay Road `•, ``OM \\ Fleet Mgmt. ` 140 McArthur Cswy \ \\ \ Fire# 2 EOC 2300 Pine Tree Dr Fire Station 1 1051. Jefferson Fire Station 3 6301 Collins Ave ._..__ 1Gb Normandy Maint T1 602 Hagen Ave Scott Rakow 2700 Sheridan AM BEACH 10M I 10M/f10M /(Prop Mgmt. 1245 Michigan Ave Golf Clubhouse 2301 Alton Rd City Hall 1700 Convention Center Drive Jlllllilii��ii_c 42nd St. Parking Colony 400 42.d Street 1040 Lincoln Rd NSYC 501 73 St Normandy Club 2401 Biarritz Drive Feb 14, 2011 Normandy Pool 1765 71e, Street Fairway Park 200 Fairway Drive Beach Trailer 7950 Collins Ave NESS 6840 lndian Creek 79th st O. S. 7925 Caine Ave Marine Patrol 1800 Purdy Ave , -1--.i APPENDIX A - REVISED METRO ETHERNET Locations Connectivi Address I ZipCode At City Hall (1700 Convention Center Drive) 10M j1700 Convention Center Drive Miami Bea. 33139 At Police Station (1100 Washington Avenue) 1G 1100 Washington Avenue Miami Beach 33139 At Fire Station #2 2300 Pine Tree Drive 1 1G :2300 Pine Tree Drive Miami Beach, FL ! 33140 At Parks&Recreation (2100 Washington Avert 100M 2100 Washington Avenue, Miami Beach, F, 33139 At ACE 555 17th Street) 100M 555 17 Street Miami Beach, FL i 33139 At Fire#2 Admm (1680 Meridian Street) 10M j1680 Meridian Avenue Miami Beach FL i 33139 At P/F Pension (1691 Michigan Av Suite-355 10M 1691 Michigan Ave, Miami Beach, FL 33139 At Parking Sign Shop (1837 Bay Road) 10M :1837 Bay Road, Miami Beach, FL 33139 At 42nd St Parking Garage (400 42nd Street) 10M 400 42 Street Miami Beach FL 33140 At Golf Clubhouse (2301 Alton Rd) 10M 2301 Alton Road Miami Beach FL 33140 At Colony Theater (1040 Lincoln Road) 10M 1040 Lincoln Road, Miami Beach, FL 33139 At Bass (2121 Park Ave) 10M 2121 Park Avenue, Miami Beach, FL 33139 AT Fire Station #4(6860 Indian Creek Dr) 10M 6860 Indian Creek Drive, Miami Beach, FL 33141 At North Shore YC (501 73rd Street) 10M 501 73rd Street Miami Beach, FL ! 33141 At 17th St Parking Garage (600 17th Street) 10M _600 17th Street Miami Beach FL 1 33139 At South Point Park (1 Washington Ave) ( 10M 1 Washington Avenue, Miami Beach, FL 33139 At Beach Patrol (1001 Ocean Dr) 10M :1001 Ocean Drive, Miami Beach, FL 33139 At Normandy Golf Course (2401 Biarritz Drivt 10M :2401 Biarritz Drive, Miami Beach, FL 33141 At Fleet Management(140 McArthur Causew 10M 140 MacArthur Causeway, Miami Beach, F; 33132_ At Property Management (1245 Michigan AvJ 10M :1245 Michigan Ave, Miami Beach, FL ( 33139 At Scott Raykow YC (2700 Sheridan) 1.5M 2700 Sheridan Avenue, Miami Beach, FL 33140 At Fire Station #1 (1051 Jefferson) 1.5M 1051 Jefferson Avenue, Miami Beach, FL 1 33139 At Fire Station #3 (5301 Collins Ave) 1.5M 5301 Collins Avenue, Miami Beach, FL 33140 At Fairway Park (200 Fairway Drive) 1 5M 200 Fairway Drive, Miami Beach, FL 33141 At NESS (6840 Indian Creek Dr) 1 5M 6840 Indian Creek Drive Miami Beach, FL 33141 At Marine Patrol (1800 Purdy Avenue) 1.5M :1800 Purdy Avenue, Miami Beach, FL i 33139 At Normandy Pool (1765 71st Street) 1.5M 1765 71 Street, Miami Beach, FL 33141 At Beach Patrol Trailer (7950 Collins Ave) 1.5M i7950 Collins Avenue, Miami Beach, FL 33141 At Normandy Golf Maintenance(602 Hagen P 1.5M 601 Hagen Street, Miami Beach, FL 33141 At 79th St Open Space (7929 Atlantic Way) 1.5M 7929 Atlantic Warr, Miami Beach, FL 33141 Inktel Building Metro Inktel Building Metro AT NAP 50 NE 9th. St.,Miami FL 10M 50 Northeast 9 Street, Miami, FL I 33132 Police Fingerprint_10 Meg Metro E Police Fingerprint 10 Meg Metro_E j__- At Police Station Data Center 10M ____ _ ,1100 Washington Avenue, Miami Beach, R 3313-9