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LTC 216-2018 Request for Proposals (RFP) 2018-154-JC, TelecommunEAC OFFICE OF THE CITY MANAGER LTC # 216-2018 LETTER 0 COMMISSION TO: Mayor Dan Gelber and Members the City ( mm FROM: Jimmy L. Morales, City Manager DATE: April 23, 2018 SUBJECT: Request for Proposals (RFP) 201E.3 -154 -JC, Telecommunications Services The purpose of this LTC is to update the Mayor and City Commission on the status of the solicitation for telecommunications services, On December 13, 2017, the City Commission referred a discussion item to the Finance and Citywide Projects ("FCWP") Committee regarding telecommunications services. On January 19, 2018, the Finance and Citywide Projects ("FCWP") Committee approved a recommendation that the Mayor and City Commission direct the City Administration to issue an Invitation to Bid (ITB) for telecommunications services. At its February 14, 2018 meeting, the Mayor and Commission approved the recommendation the Finance and Citywide Projects ("FCWP") Committee, by way of Resolution No. 2018-30177, further directing the City Administration to issue an Invitation to Bid (ITB) for telecommunications services. After further consideration, the Administration believes that a Request for Proposals (RFP) is in the City's best interest in order to better assess the qualifications, methodology, and costs associated with this project. Accordingly, RFP 2018 -154 -JC for telecommunications services is attached hereto for the City's Commission consideration. MINIMUM QUALIFICATIONS. Please Reference, Appendix C, Page 27, RFP 2018 -154 - JC, for Telecommunications Services. SUBMITTAL REQUIREMENTS. Please Reference Section 0300, Page 12, RFP 2018 -154 - JC, for Telecommunications Services. CRITERIA FOR EVALUATION. Please Reference Section 0400, Page 15, RFP 2018 -154 - JC, for Telecommunications Services. It is anticipated that this revision will not impact the timeline to bring an award recommendation to the City Commission at the July 25, 2018, meeting. I would appreciate any comments and/or suggestions you may have by April 25, 2018. ATTACHMENTS Attachment A: RFP 2018 -154 -JC, for Telecommunications Services. LM/MT /FQ/1aD/KB/� REQUEST FOR PROPOSALS (RFP) Telecommunications Services 2018 -154 -JC RFP ISSUANCE DATE: APRIL 25 2018 PROPOSALS DUE: MAY 16, 2018 AT 3:00 PM ISSUED BY JASON CROUCH PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305,673.7000 x 6694 J jasoncrouch@miamibeachfl.gov c'r, www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 PROPOSAL EVALUATION 14 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO PROPOSAL" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 29 APPENDIX E COST PROPOSAL FORM 32 APPENDIX F INSURANCE REQUIREMENTS 35 • 2018 -154 -JC 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award. The City utilizes PublicPurchase (www.t ubliccurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to; receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach Information Technology Department (IT).requires telecommunications services to forty-one (41) City sites, in an effort to meet the daily business and technology needs of various City departments. In 2015, the City of Miami Beach acquired telecommunications services under a Palm Beach County School District contract. The Administration has determined that the City's interests, would be better served issuing its own competitive solicitation, with the anticipation of achieving better services, an .improved pricing structure, and current technology benefits. Therefore, the City of Miami Beach is seeking a serviceprovider to deliver telecommunication services and 24/7 customer service support to City-wide facilities. Services include, 1FB/POTS, Centrex, digital phone service, Metro E, Primary Rate Interface (PRI), Voice Grade Circuits (VG), "Remote Call Forwarding (RCF), hosted voice mail, Session Initiation Protocol (SIP) trunking ports, long distance per minute/pool (PRI), long distance per minute/pool (SIP), long distance per minute/pool (dedidated trunk), dark/dry fiber, and hosted conference calling. The Information Technology Department has an annual approved budget for this project of $220,000. 3. ANTICIPATED RFP TIMETABLE e tentatiVe'schodule for this solicitation is as follows: FP Issued Pre -Proposal Meeting Deadline for Receipt of Questions Responses Due Evaluation Committee Review Tentative Commission Approval Authorizing Negotiations Contract Negotiations April 25, 2018 April 30, 2018 AT 2:00 PM May 4, 2018 AT 5:00 PM May 16, 2018 AT 3:00 PM TBD TBD Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: 2018-154jC Email: Jason Crouch MIAMI BEACH 305.673.7000 x 6694 jasoncrouchOmiamibeachfl.gov e • • .► uirwii+if:rn�ii� The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE -PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre -proposal meeting or site visit(s) may be scheduled. A Pre -PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor 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 -Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should sen RFP expressing their intent to participate via telephone. e-mail to the contact person listed in this 6. PRE -PROPOSAL INTER? TATIONS, Oral information or, responses to questions received by prospective Proposers are not binding on the City and, will be without legal effect, including any information received at pre - submittal meeting or site visit(s) The : City by means, of - Addenda will issue interpretations or written addenda clarifications considered ,necessary 'by 'the City in response to questions. Only questions answered by written addenda will be binding and,may supersede terms noted in this solicitation. Addendum will be released through PublicPurthase. Any prospective. proposer; who has received this RFP by any means other than through PublicPurchace must register immediately with -PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date. outlined in the�Anticipated RFP Timetable section. 7. CONE OF SILENCE This RFP"is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaeloranado(a miamibeachfl.gov 2018-154JC 4 MIAMI BEACH 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: htto://web.miarnibeachfl.ciov/procurement/scroll.asox?id=79113 • CONE OF SILENCE................................................................................................ • PROTEST PROCEDURES • DEBARMENT PROCEEDINGS...... ........ . ...... ....... ........... ................. ...... ........... • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES... • CAMPAIGN CONTRIBUTIONS BY VENDORS • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS • LIVING WAGE REQUIREMENT ...... ............. ............................... ... .... • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE -CERTIFIED SERVICE -DISABLED VETERAN BUSINESS ENTERPRISES............................................................ • FALSE CLAIMS ORDINANCE... ..... ....................................... .......... • ACCEPTANCE OF GIFTS, FAVORS & SERVICES............ ............ ......., ............... CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 CITY CODE SECTION 2-373 CITY CODE- SECTIONS 2-407 THROUGH 2-410 CITY CODESECTION 2-374 CITY CODE SECTION 70-300 CITY CODE SECTION 2-449 9. 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 service's 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;. filth a public entity, and may not transact business with any public entity in excess of the threshold amount provided In,,Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being paced on;,the convicted vendor'iist. 10. 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. Proposers "shall be sdlely responsible for ensuring that all City lobbyist laws are complied with, ahs shall be subject to;any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the` event of such non-compliance. 11. DEBARMENT ORDINANCE: This RSP is subject to, and:all' proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12. WITH TI -1 CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject to, and all Proposers are expected to be or become familier with, te City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance RefOrm laws ate complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS: Pursuant to City Resolution No,2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and sObmit that Code to the Procurement Division with its 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. 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) 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- 7000, Extension 2984. 2018-154JC 5 MIAMI BEACH 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. JOINT VENTURES. Joint Ventures are not allowed. Proposals shall be submitted only by the prime contractor who will serve as the CMR. The City will only contract with the prime contractor who will serve as the CMR. Proposals may, however, identify other sub -contractors or sub -consultants to the prime Proposer who may serve as team members. 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuarit to°City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned, and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, and which is within five percent` (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing' said goods or contractual services for the lowest responsive proposal amount (or in this RFP, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a sernce-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or+ oral or written request`t.fbr quotation, and such proposals are responsive, responsible and otherwise equal with respeot to quality and service, thenthe award shall be made to the service -disabled veteran business enterprise. 19. DETERMINATION OF AWARD The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by th City Manager who rilay recommend to the City Commission the Proposer(s) s/he deems to be in the b?st',;interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the ,Proposer to perform the contract. (2) Whether the Proposer an perform the contract within the time specified, without delay or interference, (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 2018-154JC MIAMI BEACH 21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re -advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one -hundred twenty (120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Procurement Department prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposershall be solely responsible for making any and all investigations, evaluations, 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 evaluations, 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. 23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 24. 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. 24. OCCUPATIONAL HEALTH ° AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 3F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of enviroh,mental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer riot responsible;if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with ,its proposal, : a `complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations'or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it: 26. TAXES. The City of Mien)] Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 2018-154JC MIAMI BEACH 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federallaws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable .laws will in no way be a , Cause for relief from responsibility. Proposer agrees that the services provided shalt„be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed Within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of. Proposer to comply V+ith this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach .property to deliver materials or perform work or services as a result of any contract,resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining al,l;l.hecessary. licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws, 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have_ precedence. 33. NON-DISCRIMINATION.” The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order'11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. Balance of page intentionally left blank. 2018-154JC MIAMI BEACH 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre -award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award thatis in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may al§d require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or intereat;therein, or his/her dr its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection.fees required to complete the work and shall bornply with all applicable laws. 37. OPTIONAL CONTRACT USAGE When the successful. Proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency;,,' 38. VOLUME, OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services`specifically listed in this sol;iotation from the contractor. However, the City reserves the right to purchase any goods or services' awarded 'from state or other governmental contract, or on an as -needed basis through the City's spot market purchase provisions. 39.DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The 2018-154JC MIAMI BEACH contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor, 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt. from public recbrds requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after; opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Ftorida Statute 1.,19.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public recordsthat are exempt or confidential and exempt from public records disclosure requirements are not,.,disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no'', Cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records, disclosure requirements. All records stored electronically must be provided to the pubiic agency in a format that is Compatible with the information technology systems of the public agency. 43. 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 dr authority which, in any manner, may affect the scope of services and/or project 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. 44. CONFLICT OF INTEREST All Proposers must disclose, in 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 mist 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. 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 2018-154JC 10 MIAMI BEACH 46. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). 47. 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. 2449 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. 48. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFP solicitation process, unless otherwise noted herein. 49. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtainprice quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Pape Intentionally Left Blank 2018 -154 -JC 11 MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3 -ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the, review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below, Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. TAB 1 Cover Letter & Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Propose`r.alid Proposer Primary Contact for the purposes of this solicitation, 1.2 Proposal Certification, Questionnaire & Requirements completed and executed. avit (Appendix A). Attach Appendix A fully 1.3 Minimum Qualifications Requiretnerits. Submit verifiable information` documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum, Requirements and Specifications. TAB 2 Experience & Qualifications 2.1 Qualifications of Proposing Firs Submit,detailed information regarding the firm's history and relevant experience and proven track record Of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope Of eorVices to publin;sector agencies. For each project that the Proposer submits as evidence of similar experience, the following is required; project description, agency name, agency contact, contact telephone & email, and year(s) and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that earth team member will play in providing the services detailed herein and each team members' qualifications. A resume' of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. TAB 3 Approach and Methodology 3.1 Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options, testing and risk mitigation options for assuring project is implemented on time and within budget, including addressing the below requirements: 2018 -154 -JC 12 MIAMI BEACH 1. Proposer must provide documentation that clearly details the resiliency / redundancy of the proposed telecommunications services. 2. Proposer must provide documentation that clearly details Disaster Recovery efforts, staffing levels, hardware replacement plans, and service restoration timelines for the proposed telecommunications services. 3. Proposer must provide documentation as to real-time available data, systems monitoring and reporting tools, available to City staff, as needed. 4. Proposer must provide documentation on solutions that will be employed to ensure that all present PBXs, VoIP, Key and Hybrid voice systems remain functional. 5. Proposer must provide details on their ability to provide the required services, with implementation to begin immediately after RFP award, 6. Proposer shall provide details of the transition timeline and provide coverage maps for all City departments and service locations affected by said transition, 7. Proposer must provide documentation which identifies the reliance On third parties for any aspect related to the deployment of services associated with work performed under this RFP. 8. Proposer must provide comprehensive information on the types of voice circuits begin offered. 9. Proposer must submit comprehensive project plans to include how firm will interface service to existing City telecommunications ertVirohmerlt; 10. Proposer must provide comprehensive information detailing the portfolio of available offerings for voice services. 11, Proposer rriul§t provide detailed information on your firm's Call Accounting, TDoS, and a-911 offerings. 12.. Proposer must provide detailed information on available offerings for long distance services. 13. Proposer should also indicate with the bid any emerging technologies and future offerings not currently listed in the technical requirements, which may be of future benefit to the City. 14. Proposer shall provide a comprehensive Service Level Agreement (SLA), that at a minimum, includes the following: • Describe the process the City will follow to report and ascertain the status of reported problems and/or outages. • Describe your Service Level Agreements (SLA) as they relate to latency, availability and quality of service. • Describe in detail the process for adding, deleting or modifying network services and/or communications links. • Describe your escalation policies and procedures for problems and trouble tickets along with 2018 -154 -IC 13 MIAMI BEACH organizational chart and contact information. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a fully review and score the proposed scope of services. Cost Proposal Submit a completed Cost Proposal Form (Appendix E). 4. FINANCIAL CAPACITY. Within three (3) business days of request by the,City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly tothe Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: httos://supplierportal.dnb.com/webapp/wcs/storeslservtet/SupplierPortal?storeld=11691 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495 5. ADDITIONAL INFORMATION 0R CLARIFICATION_,. After propdaol submittal, the City reserves the right to require additional information _from ` Proposers (or Proposer team members or sub -consultants) to determine: qualifications (including, but not limited to, litigation history,_ regulatory action, or additional references); and financial capability (including, but not invited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years) Balance of page intentionally left blank. 2018 -154 -LC 14 SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will -utilize the results to make a recommendation to the City Commission. In the event that only Ole responsive proposal is received, the City Manager, after determination that the sole responsive probosel materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the, City Commission that the Administration enter into negotiations. The City, in its discretion, may.utilize technical another advisers to assist the evaluation committee in the evaluation of proposals. 2. Step 1 Evaluation. The first step will consist of the qualitative;; criteria listed;below to be considered,.by the Evaluation Committee. The second step will consist of quantitative Criteria established below to be added to the Evaluation Committee results by the Procurement Department. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria In doing so, the Evaluation Committee may review and score all proposals received, with or without condu`a`ting'interview sessions. Step 1 - Qualitative Criteria Maximum Points Proposer Experience and :Qualifications Approach and Methodology 45 30 TOTAL AVAILABLE STEP 1 POINTS 75 3. Step 2 Evaluation. Following the results of Step_ 1 Evaluation of qualitative criteria, the Proposers may receive additionalquantitative criteria points to be added by the Procurement Department to those points earned in Step 1, as follow. Step 2 • Quantitative Criteria. Maximum Points Cbst / Revenue Proposal Veterans Preference 25 5 TOTAL AVAILABLE STEP 2 POINTS 30 2018-154JC 15 4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula: Vendor Vendor A Vendor B Vendor C Vendor Cost Proposal $100.00 $150.00 $200.00 Sample Objective Formula for Cost Example Maximum Allowable Points (Points noted are for illustrative purposes only. Actual points are noted above.) 20 20 20 Formula for Calculating Points (lowest cost 1 cost of proposal being evaluated X maximum allowable points = awarded points) Round to $1001$100X20.,„� $1001$150 X 21;),=13 $1001$200 X20„=10 Total Points Awarded 20 13 10 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Procurement Department. Step 1 and 2 scores will be converted to rankings in accordance with the example below: ommittee' Committee Membert2 Ciit)iitt. Member Step 1 Points Step 2 Points Total �1r; Rank Step 1 Points • Step 2 Points Total 82 22 104 79 Proposer B Proposer C Step 1 Points tep 2 Points Fatal 80 22 102 76 15 91 74 1 15 1 89 80 12 1 92 1 72 12 84 66 12 78 Low Aggregate Score Final Ranking* 3 7 8 * Final Ranking Is presented to the City Manager for further due diligence and recommendation td the City Commission: Final Ranking does not constitute an award red r1mendatibn until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. Balance of page intentionally left blank. 2018-154JC 16 APPENDIX A 13 141 litr° ' Proposal Certification, Questionnaire & Requirements Affidavit 2018 -154 -JC Telecommunications Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018 -154 -JC 17 Solicitation No: Solicitation Title: 2018 -154 -JC Telecommunications Services Procurement Contact: Tel: Jason Crouch 305-673-7000 x6694 Email: jasoncrouch@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: NO. OF YEARS IN BUSINESS: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: NO. OF.YEARS IN BUSINESS LOCALLY ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEME; ACCOUNT REP TELEPHONE NO.: `. ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTrIPI ATION NO.: The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, tesurnes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ZIP CODE: NO. OF EMPLOYEES: 2018-154JC' '18 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran -owned business or a service -disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest. All Proposers must disclose, in 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. SUBMITTAL REQUIREMENT: Proposers must disclose 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 Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent ormore in the Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall submit at least three (3) references for whom he Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) FirlYNar'ne, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Erni ii and 6) Narrative on Scope of Services Provided. 4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is';"` action(s). oposer shall submit a statement detailing the reasons that led to 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 4$ 2-1 through 2-490 of the ,City' Code. Proposers shall be solely responsible for ensuring that all applicable provisions of th'e City's Campaign Finance Reform;laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disquaiification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT': ,Submit th'e,names of all individUaisor entities (including your sub -consultants) with a controlling financial interest as defined irrSOIfoltatiOr1., or each individual, or' entity with a controlling financial interest indicate whether or not each individual,or entity has contrIbUted to the carnpalgn:eliti'er directly or indirectly, of a candidate who has been elected to the office -of Mayor or city Commissioner.fbrthe City of Miami Beach. 6. 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 bf Business Ethics' ("Code") and submit that Code to the Procurement Department with its proposal/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. SUBMITTAL REQUIREMENT; Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may Submit;a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at htto.lwww.miamibeachfl.aov/citv-hall/arocurement/orocurement-related-ordinance-and-procedures/ 2018-154JC 19 7. . Effective January 1, 2018, covered employcoo muo ba paid a living wage rate of no less than $11.62 per hour with benefits. benefits. health care benefits of at lootQ'?.22 por benefits. th'11 11 .•.. goo th&n `F11.78 per hour with y Resolution of the City Commission:bc indcxcd annually for inflation at its sole option, immediately deem said Proposcr as non responsive, •and may further subject Proposer to additional penalties -•••• and fine, cr F\s9v SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. Any payroll request made by the City during the contract torm cho;l be completed electronically via 8. Equal Benefits for Employees with Spouses aria Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractQrS rn intain 51 or more full timkernployees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic`Bartners Ordinance 2005-3404requires certain contractors doing business with the City of Miami Beach, who are awarded a contract putsltailtlto, competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to; employees:=With epouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Floridan andithe Contractor's employees located in the United States, but outside of the City,df Miami Beach limits, whOl.,are directly perfotming work on the contract within the City of Miami Beach. A. Does your compan? rovide or offeracess to any benefitS to employees with spouses or to spouses of employees? B. Does your company provide or offer a domestic partners of employees?.. YES NO cars toany benefits 3to employees with (same or opposite sex) domestic partners* or to YES NO Please check all benefits that appiy 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 Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Loaye Family Med%cal Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http://www.miamibeachfl.oov/city-hall/orocurement/orocurement-related-ordinance-and- procedures/ 2018 -154 -JC 20 • 9. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed:. on convicted vendor list. 10. Non -Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in SeCtion;2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virfue;of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the Cityof Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from 'North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits .official City travel to the states of .North Carolina and Mississippi, as well as the purchase of goods or services sourced in North; Carolina and' Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolutioh 2016-X20375. 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code,thl City shallnot enter into any contract resulting from a competitive solicitation, unless the proposer certifies in' writing 'that the business has adopted and employs written policies, practices, and standards that .are Consistent with the City'sFalr Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordihance"),and which, among other ,things, (i) prohibits City contractors, as an employer, from inquiring about an applicants Criminal history Until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement lhat an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT N`o additional submittal is;r.equired at this time. By virtue of executing this affidavit, Proposer certifies that it has adOpted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with •supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall 'constitute a material breach of contract, and shall entitle the City to the immediate 'termihation for cause of the agreement, in addltion'to any damages that may be available at law and in equity. 13. Acknowledgement of Addendum After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge`receipt of all addenda may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 2 Addendum 3 Addendum 4 Addendum 5 Addendum 6 Addendum 7 Addendum 8 Addendum 9 Addendum 10 If additional confirmation of addendum is required, submit under separate cover. 2618454 -JC Addendum 11 Addendum 12 Addendum 13 Addendum 14 Addendum 15 21 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the. Proposal and the applicant including, without limitation, the applicants affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not proVide any,assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the reeipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solieitation,is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges allth;e provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof, Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting sueh proposal. This solicitation is made subject to correction of errors, omia'Sions, or withdrawal from the rilafl et without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when ,a Proposal (arProposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties,, and then :only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation, maye a becepted o'r'rejected by the City for any reason, or for no reason, without any resultant liability to the Qity.,, The City is governed by the Government -in -they un"shine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for'opening the responses. At that time, all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authori,2es the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the inforration contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and. belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however,. shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 2018-154JC 22 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer 's Authorized Representative: Title of Proposer 's Authorized Representative: Signature of Proposer 's Authorized Representative: Date: State of FLORIDA ) On this day of , 20, personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: 2018-154JC ..., 23 APPENDIX B 1.D "No Bid" Form 2018-1 54 JC Telecommunications Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of this solicitation but have aecided riot to respond to compete and submit the attached "statement of No Bicl. The "Statement of No Bid" ;)to'/!()es the City with inforillation on how to improve the solic:italion process. Failure to subrnit a "Slatement of rt(_- Bid- may result in not beittia notified t'df future solicitatior'is by the City 2018 -164 -JC 24 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _ Workload does not allow us to proposal Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Jason Crouch PROPOSAL #2018 -154 -JC 1755 MERIDIAN AVENUE, 3rd FLOOR MIAMI BEACH, FL 33139 2018 -154 -JC 25 APPENDIX C Minimum Requirements & Specifications 2018 -154 -JC Telecommunications Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018 -154 -JC 26 C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals or fail to comply with the minimum requirements shall be deemed non-responsive and shall not have its bid considered. 1. Proposer (defined as the Firm) must be authorized to provide telecommunications company services within Miami -Dade County. C2. Statement of Work Required. The City's Information Technology Department (IT) is seeking a,qualified telecommunications service provider to deliver telecommunication services and 24 hours per day, 7 days per week, customer service support to City-wide facilities and users. Services provided to the City must include, but are not limited to, 1FB/POTS, Centrex, digital phone service, Metro E, Pnrnary, Rate Interface (PRI), Voice Grade Circuits (VG), Remote Call_Forwardirig_(RCF), hosted voice mail, Session Initiation Protocol (SIP) trunking per concurrent call, SIP `trunking ports, long distance per minute/pool (PRI), long distance per minute/pool (SIP), long distance per minute/pool (dedicated trunk), dark/dry fiber, and hosted conference calling. The City seeks to be informed of any emerging technologies and future offerings not currently listed in the technical requirements, which may be of future benefit to the 'City. The list of required service~ must be available Within Miami Beach City limits, throughout Miami - Dade County, and Equinix'sdata tenter at 50 NE"9 Street, Miami, FL. f roposers must bits on all line" t ms in Appendix E (Cost Proposal For ,�. in o de to fie' considered for award. C4; Specificsfio This RFP requires the following component communications requirements to be offered by the proposer, to the City of Miami Beach; • 1FB/POTS • CENTREX • Digital phone service • Metro E • PR's • Voice Grade Circuits • Remote Call Forwarding • Hosted voice mail • Long distance per minute/pool (PRI) • Long distance per minute/pool (SIP) • Long distance per minute/pool (Dedicated trunk) 2018-154JC 27 • SIP trunking per concurrent call • SIP trunking port • Dark/dry fiber • Hosted conference calling C5. Required Service Levels for Outages and Service Expectations The City of Miami Beach operates on a 24(hours) x 7(days per week) x 365(days) basis. Proposers are required to provide call center support, including but not lirnited to, reporting issues, troubleshooting, provisioning, testing, project management, and emergency service requests in order to accommodate the City's daily operational demands, Proposer 'must provide their managerial and executive level support apparatus for resolution and escalation of service issues in TAB 3 of the RFP. Proposer shall give prompt and efficient service in accordance with the specifications contained herein. Current service levels shall be maintained without interruption during any transition period, as a result of RFP award. Respond/Callback to Reported Issue Identify Trouble/Report Resolution Implement Resolution after Reported 5 minutes alanceof page intentionally left blank. 2018 -154 -JC 28 APPENDIX D Special Conditions 2018 -154 -JC Telecmunicati®ns Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018 -154 -JC 29 1. TERM OF CONTRACT. The Contract shall commence upon the date of notice of award and shall be effective for three (3) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one (1) year periods, subject to the availability of fund for succeeding fiscal year. 3. PRICES SHALL BE FIXED AND FIRM. All prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 3.1. COST ESCALATION. Price must be held firm during the initial term of the agreement. During the renewal term, the City may consider prices increases not to increase the applicable Bureau of Labor Statistics (www.bis.00v) CPI -U index or 3%, whichever is less. The City may also consider increases based on mandated Living Wage increases. In considering cost escalation due to Living Wage increases, the City will only consider the direct costs related to Living Wage increases, exclusive of overhead, profit or any other related cost. 4. DEFICIENCIES IN WORK TO BE CORRECTED BY VENDOR. The vendor shall promptly correct all apparent and latent deficiencies and/or defects in work, and or any work that fails to conform to the contract documents regardless of project completions status. All corrections shall be made within fifteen (15) calendar days after such rejected defects, deficiencies and/or non - conformances are verbally reported to the vendor by the City, who may confirm such verbal reports in writing. The vendor shall bear all costs of correcting such rejected work. 5. FURNISH AND INSTALL REQUIREMENTS. The specifications and or statement of work contained within the solicitation will describe the various function and classes of work required as necessary for completion of any project. Any omission of inherent technical functions or classes of work within the specification and/or statement of work shall not relieve the bidder from furnishing, installing or performing such work where required to the satisfactory completion of the project. 6. LICENSES, PERMITS AND FEES. The vendor shall obtain and pay for all licenses, permits and inspection fees required for these projects; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City or vendor for failure to obtain required licenses, permits, shall be borne by the bidder. 8. SUBCONTRACTING. The contractor shall not enter into subcontracts for any of the wok described herein, unless authorized in advance by the City. Strict adherence to this condition is required. 9. WORKMANSHIP AND MATERIALS. All parts installed and materials used in performance of this contract shall be new and unused (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality and shall conform to all applicable Building Codes, so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 10. DAMAGES TO PUBLIC/PRIVATE PROPERTY. The bidder shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the bidder, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2018 -154 -JC 30 11. SAFETY MEASURES. Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress must be posted. All employees of contractor shall be expected to wear safety glasses, appropriate clothing and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully operational and in safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity — work shall cease until it is safe to proceed. Balance of pope intentionally 'left,blank. 2018-154:C 31 APPENDIX E Cost Proposal Form 2018 -154 -JC Telecommunications Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018 -154 -JC 32 APPENDIX E COST PROPOSAL FORM 'I . I. sI- . .` • .I.,: ! ..� . 1 - • Y-1 . - 4-.4 • • :s 1.• -• for the receipt of proposals will result in proposal bein. deemed non-responsive and being rejected. Proposer affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E) completed in pencil shall be deemed non-responsive. All corrections on, the Cost Proposal Form (Appendix E) shall be initialed. Proposers must bid on all line items in Appendix E (Cost Proposal Form) in order to be considered for award. Item No: Description: UOM: (A) (B) (C) Est. Unit Extended Annual Price amount: Qty: (A x B=C) 1 2 3 4 5 6 7 8 9 10 11 1FB/POTS Centrex Digital phone service Metro E PRIs Voice Grade Circuits Remote Call Forwarding Hosted voice mail Long distance per minute/pool (PRI) Long distance per minute/pool (SIP) Long distance per minute/pool (Dedicated trunk 12 SIP trunking per concurrent call 13 SIP trunking port 14 15 Dark/dry fiber Hosted conference' calling Per line Per circuit Per line Per speed Per mile Per mile Each Each, Each Each Each Each Each Per mile Each 138;, (97 15 3 12 2 10 10 10 10 10 235 4 8 100 Grand Total 2018 -154 -JC 33 Proposer's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: Balance of page intentionally left blank. 2018- J -154 �C 34 APPENDIX F Insurance Requirements 2018 -154 -JC Telecommunications Services PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 MIAM BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. 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. 6. Other Insurance as indicated: Builders Risk completed value Liquor Liability $ .00 Fire Legal Liability �$ .00 Protection and Indemnity.00 P Employee Dishonesty Bond $ 00 Other $ .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 proposal number end title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. 2018 -154 -JC 36