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LTC 316-2018 Request for Proposals (RFP)2018-153-JC, Wide Area Network (WAN) and Internet Connectivity Services
OFFICe ^F TSP CITY MANAGER LTC # 316-2018 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members .j the Cit commission FROM: Jimmy L. Morales, City Manager DATE: June 5, 2018 SUBJECT: Request for Proposals (RFP) 2018-'i 53 -JC, Wide Area Network ("WAN") and Internet Connectivity Services The purpose of this LTC is to update the Mayor and City Commission on the status of the solicitation for wide area network ("WAN") and internet connectivity services. On December 13, 2017, the Mayor and City Commission referred a discussion item to the Finance and Citywide Projects Committee (the "Committee") regarding wide area network ("WAN") services. At its February 14, 2018 meeting, the Mayor and City Commission approved the recommendation of the Committee, by way of Resolution No. 2018-30177, directing the City Administration to issue a Request for Proposals (RFP) for WAN services. WAN services includes the connectivity that ties all City sites to the network and the internet. As such, internet connectivity is an integral part of WAN services and is included in the RFP. Accordingly, RFP 2018 -153 -JC for WAN and internet connectivity services is attached hereto for the City's Commission consideration, The relevant portions of the solicitation include: MINIMUM QUALIFICATIONS. Please Reference, Appendix C, Page 27, RFP 2018 -153 - JC, for Wide Area Network ("WAN") and Internet Connectivity Services. SUBMITTAL REQUIREMENTS. Please Reference Section 0300, Page 12, RFP 2018 -153 - JC, for Wide Area Network ("WAN") and Internet Connectivity Services. CRITERIA FOR EVALUATION. Please Reference Section 0400, Page 15, RFP 2018 -153 - JC, for Wide Area Network ("WAN") and Internet Connectivity Services. It is anticipated that the Administration will 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 June 8, 2018. ATTACHMENTS Attachment A: RFP 2018 -153 -JC, for Wide Area Network ("WAN") and Internet Connectivity Services. JL�/ T/ / /JC`-- V REQUEST FOR PROPOSALS (RFP) WIDE AREA NETWORK ("WAN") AND INTERNET CONNECTIVITY SERVICES 2018 -153 -JC RFP ISSUANCE DATE: JUNE 8, 2018 PROPOSALS DUE: JUNE 29, 2018 AT 3:00 PM ISSUED BY: jj JASON CROUCH, PROCUREMENT CONTRACTING OFFICER PROCUREMENT DEPARTMENT 1 755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x 6694 1 jasoncrouch@miamibeachfl.gov 1 www.miamibeachfl.gov MIAM TABLE OF BEACH CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 13 0400 PROPOSAL EVALUATION 16 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 18 APPENDIX B "NO PROPOSAL" FORM 25 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 27 APPENDIX D SPECIAL CONDITIONS 36 APPENDIX E COST PROPOSAL FORM 39 APPENDIX F INSURANCE REQUIREMENTS 42 2018-153JC 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.publicpurchase.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's Wide Area Network ("WAN") is comprised of approximately twenty-five (25) sites in an area of approximately 7 square miles. Since 2015, the City has been receiving WAN services under a Master Services Agreement (MSA) with AT&T, which expires August 26, 2018. On January 19, 2018, the City's Finance and Citywide Projects (FCWP) Committee approved a recommendation that the Mayor and City Commission direct the City's Administration to issue an RFP for WAN services and Internet connectivity, and establish a replacement contract that meets the needs of the City's technology infrastructure goals. Therefore, this RFP seeks to accomplish that directive. The City's Information Technology Department (IT) is seeking WAN network services and Internet connectivity that will allow the successful and reliable transmission of information in different electronic forms to/from all of its locations listed herein, providing an integrated approach with respect to hardware, services and support. Therefore, the City of Miami Beach is seeking a service provider(s) to deliver WAN services and 24/7 customer service support to City-wide facilities. Additionally, Voice over Internet Protocol (VOIP) convergence is a technology that is currently deployed throughout all City facilities. Therefore, the City is seeking a WAN services solution that will thoroughly support current and future VOIP technology. Proposers may submit a proposal for Group 1 (Internet Connectivity) only, or Group 2 (WAN Services) only, or both Groups 1 and 2. Proposals for Group 1 and Group 2 will be evaluated separately. In other words, all proposals received for Group 1 will be evaluated against other proposals for Group 1. Likewise, all proposals received for Group 2 will be evaluated against other proposals for Group 2. The department's annual budget is approximately $600,000 for this project, but may vary year to year depending on budget appropriations. 3. ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follow RFP Issued June 8, 2018 Pre -Proposal Meeting June 15, 2018 at 1:00 PM EST 2018-153JC MIAMI BEACH Deadline for Receipt of Questions June 19, 2018 at 5:00 PM EST Responses Due June 29, 2018 at 3:00 PM EST Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Jason Crouch Telephone: 305.673.7000 x 6694 'asoncrouch EmaII: • miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado • miamibeachfl.. ov; or via facsimile: 786-394-4188. 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 send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 6. PRE -PROPOSAL INTERPRETATIONS. 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 RFP 2018-153JC MIAMI BEACH 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 PublicPurchase. 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 rafaelgranado(c miamibeachfI.gov 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: http://web. miamibeachfl.gov/procurement/scroil,aspx?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 CODE SECTION 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 services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This RI=P is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring 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 responses, in the event of such non- compliance. RFP 2018-153JC 5 MIAMI BEACH 11. DEBARMENT ORDINANCE: This RFP 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 THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject to, and all 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. Proposers shall be solely responsible for ensuring 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 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 submit 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. 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. 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. Pursuant 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 service -disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service -disabled veteran business enterprise. RFP 2018-153KC MIAMI BEACH 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best 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 can 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. 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 Proposer shall 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. RFP 2018-153JC 7 MIAMI BEACH 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 38F-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 environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not 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 Miami 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. 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 Federal laws, 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 shall be provided by employees RFP 2018-153KC MIAMI BEACH 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 with 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 all necessary 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. 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 that is 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 also 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 RFP 2018 -153 -JC MIAMI BEACH of the contract, including any or all of its right, title or interest therein, or his/her or 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 comply 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 solicitation 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 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 fora 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 records 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 Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily RFP 2018-153JC 10 MIAMI BEACH 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 records that 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 public 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 or 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 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. 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. 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, 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 2018-153-C 11 MIAMI BEACH 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 ITEMS / SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City may require additional items to be added to the Contract which are ancillary or supplemental to the items specified herein and 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 the additional items. If these quote(s) are determined to be fair and reasonable, then the additional items will be awarded to the current contract vendor(s) through either a Purchase Order (or Change Order if Purchase Order already exists) or an amendment to the Contract. Additional items with a cumulative value of $50,000 or less may be approved by the City Manager. City Commission approval is required for additional items with a cumulative value greater than $50,000. The City may determine to obtain price 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 Page Intentionally Left Blank RFP 2018-153JC 12 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 Proposer and Proposer Primary Contact for the purposes of this solicitation, 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. 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 Firm. 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 services to public sector agencies. 2.1.2 Proposers must provide a minimum of three (3) customer references for each group proposed, including contact names, telephone numbers and service location(s), type of service offered and length of service, for the City to verify references. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants, including the designated Project Manager, to be used for this project if awarded, the role that each 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. RFP 2018-153JC 13 TAB 3 Approach and Methodology 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 the following: 1. Briefly describe your network operations center and the procedures currently in place to proactively identify and correct communications problems. 2. Describe the process for reporting network problems and/or outages. 3. Describe the process the City will follow to ascertain the status of reported problems and/or outages. 4. Provide and 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. 5. Describe your escalation policies and procedures for problems and trouble tickets along with organizational chart and contact information. 6. Describe in detail the process for adding, deleting or modifying network services and/or communications links. 7, Provide information on firm's billing format and flexibility to accommodate City billing information requirements. 8. 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. 9. 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. 10. 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. 11 Present support documentation that identifies the number of network outages during last calendar year. 12. Provide a 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? 13. Provide a 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 Contractor's services. 14. 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. 15. Describe the policies and procedures that are currently in place which ensure the security and integrity of the proposed physical and virtual circuits. 16. Provide manufacturer name and model of networking equipment certified for the proposed communication network. 17. 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.) RFP 2018-153JC 14 18. Describe current and planned access speeds and network protocols supported by your organization; indicating expected lifetimes of each. 19. Describe whether your firm's billing platform can interface with the City's Munis ERP system. 20. 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. 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 Charts will be provided as needed until final acceptance is provided in writing from the City's IT Department. 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 to the 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: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 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 OR CLARIFICATION. After proposal 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 limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RFP 2018 -153 -JC 15 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 one responsive proposal is received, the City Manager, after determination that the sole responsive proposal 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 or other 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 conducting interview sessions. Step 1- Qualitative. Criteria Maximum Points Proposer Experience and Qualifications Approach and Methodology 30 40 TOTAL AVAILABLE STEP 1 POINTS 70 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Procurement Department to those points ' earned in Step 1, as follows. Step 2 Quantitative Criteria Maximum Points Cost 30 Veterans Preference TOTAL AVAILABLE STEP 2 POINTS 5 35 RFP 2018-153JC 16 4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula. Each Group (Internet and WAN) shall be calculated as separate and distinct groups. 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points (for each Group 1 and Group 2) 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: Step 1 Points Step 2 Points Total 82 22 104 Proposer B 76 15 91 Proposer C 80 12 92 Step 1 Points Step 2 Points 72 12 84 Step 1 Points Step 2 Points Total 80 22 102 74 15 89 66 12 78 * Final Ranking for each Group shall be presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation 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 RFP 2018-153jC 17 Sample Objective Formula Example Maximum Allowable Points (Points noted are for illustrative purposes only. Actual points are noted above.) for Cost Formula for Calculating Points (lowest cost / cost of proposal being evaluated X maximum allowable points = awarded points) Round to Total Points Awarded Vendor Vendor Cost Proposal Vendor A $100.00 20 $100 /$100 X20 =20 20 Vendor B $150.00 20 $1001$150 X 20 =13 13 Vendor C $200.00 20 $100 1$200 X 20 =10 10 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points (for each Group 1 and Group 2) 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: Step 1 Points Step 2 Points Total 82 22 104 Proposer B 76 15 91 Proposer C 80 12 92 Step 1 Points Step 2 Points 72 12 84 Step 1 Points Step 2 Points Total 80 22 102 74 15 89 66 12 78 * Final Ranking for each Group shall be presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation 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 RFP 2018-153jC 17 APPENDIX A Proposal Certification, Questionnaire & Requirements Affidavit 2018 -153 -JC WIDE AREA NETWORK (WAN) AND INTERNET CONNECTIVITY SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 201 8-153-K 18 Solicitation No: 2018 -153 -JC Solicitation Title: Wide Area Network (WAN) and Internet Connectivity Services Procurement Contact: Jason Crouch Tel: 305.673.7000 x 6694 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: NO. OF YEARS IN BUSINESS LOCALLY: NO. OF EMPLOYEES: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO,: ACCOUNT REP EMAIL FEDERAL TAX IDENTIFICATION Na: 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, resumes 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. RFP 2018-153JC 19 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 or more in the Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall submit at least three (3) references for whom the 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) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email 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 an public sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action (s), 5. Vendor Campaign Contributions. 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. Proposers shall be solely responsible for ensuring 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. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub -consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the 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 of 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 http://www.miamibeachfl,gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ 7. Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered employees shall be paid the required living wage rates listed below: 1, Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with health care benefits of at least $2,26 per hour, or a living wage rate of no less than $13.88 per hour without health care benefits, 2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11,70 per hour with health care benefits of at least $2.74 per hour, or a living wage rate of no less than $14.44 per hour without health care benefits. 3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with RFP 2018-153JC 20 health care benefits of at least $3.22 per hour, or a living wage rate of no less than$15.00 per hour without health care benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI -U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available at http://www,miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ 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 term shall be completed electronically via the City's electronic compliance portal, LCP Tracker (LCPTracker.net). 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses, The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach, 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 C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical 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.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ 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 RFP 2018 -153 -JC 21 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 virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of 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 shall 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 itis and shall remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not 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's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (I) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that 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: No additional submittal is required 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 termination for cause of the agreement, in addition 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 Receipt Initial to Confirm Receipt Initial to Confirm Receipt Addendum 11 Addendum 1 Addendum 6 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. RFP 2018-153JC 22 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 applicant's 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 recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The solicitation 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 all the 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 such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market 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 (or Proposals), 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 may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government -in -the -Sunshine 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 authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information 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, RFP 2018 -153 -JC 23 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: RFP 2018-153JC 24 APPENDIX B "No Bid" Form 2018 -153 -JC WIDE AREA NETWORK (WAN) AND INTERNET CONNECTIVITY SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 icit iov e n ch d�' � � men �e N Biti pvi es n � .... utin n in no d44. RFP 2018-153JC 25 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 RFP #2018 -153 -JC 1755 MERIDIAN AVENUE, 3rd FLOOR MIAMI BEACH, FL 33139 RFP 2018-153JC 26 APPENDIX C Minimum Requirements & Specifications 2018 -153 -JC WIDE AREA NETWORK (WAN) AND INTERNET CONNECTIVITY SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018-153jC 27 C1. Intentionally Omitted. C2. Statement of Work Required. Wide Area Network ("WAN") into be understood as a telecommunications network, utilized for the purposes of connecting computers, that spans a wide geographical area. The City's Wide Area Network ("WAN") is comprised of approximately twenty-five (25) sites in an area of approximately 7 square miles. The City's Information Technology Department (IT) 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 herein, providing an integrated approach with respect to hardware, services and support. Bandwidth requirements may vary by location. 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 eliminate inherent security concerns. Additionally, VOIP convergence is a technology that is currently deployed throughout all City facilities. The proposed WAN services solution must be able to support VOIP technology. The City currently has twenty-two (22) 100MB circuits and three (3) 1 GB circuits, C3. Specifications Contractor is solely 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. Contractor must also be in compliance with all industry accepted and practiced standards applicable to the proposed WAN network services. Contractor full and successful performance of work under this RFP, must include but not be limited to: 1. Provide the survey, design, procurement, construction, installation, configuration and implementation of the WAN network to provide the requested network services herein. 2, Contractor shall provide the configuration which includes obtaining all permits, zoning requests, and inspections required by law, statute, or ordinance. 3. The Contractor shall work with City IT staff to design and implement bandwidth shaping policies using industry - standard Quality of Service (QOS) protocol in combination with other available technologies. 4. Network designs should provide redundancy in connectivity and/or other features for improved reliability and fault tolerance. 5. Conduct a quarterly network services review and optimization, including evaluation of usage patterns. 6. Provide a toll free, 24-hour available reporting and response service. 7. Provide 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. 8. Contractor must offer contingency/disaster recovery plans and procedures for the existing network and possible enhancements for any awarded services. The City requires all Contractors to present a formal copy of its network contingency/disaster recovery plan in their proposal response to this RFP. 9. Maintain a 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 Contractor's services. 10. 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. 11. Provide the City with diversity details for circuits taken on/off island and between central offices, as well as proposed construction paths to areas not currently in service. C4. Delivery and Installation 1. Proposed network services must be completely provided and installed by the successful Contractor. 2. Contractor must specify time required for complete network services conversion, testing and acceptance. Contractor must furnish the City with a conversion date in days from the notification of being awarded pursuant to RFP 2018-153JC 28 this RFP, C5. Security 1. Contractor must maintain robust policies and procedures to prevent disruption of business and to ensure a secure network operating environment according to industry best practices. C6. Project Implementation The Successful Proposer shall provide a Project Manager whose responsibilities will include, but not be limited to: 1. 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. 2. Participating in monthly status meetings, providing written minutes of those meetings to appropriate City representatives if necessary. 3. Providing status reports, as required, to the City about project status, escalation issues, costs, and schedule issues. C7. 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, C8. Equipment Installation Contractor is responsible for all activities necessary for the successful implementation of each site. Additionally, the Contractor is responsible for the removal and disposal of all shipping and packing materials. C9. Disposal of Old Equipment The Contractor 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. C10. Help Desk Feedback The Contractor shall provide at least a 24-hour advanced notice of any planned network service interruption. Additionally, the Contractor will provide notification to the City of any unplanned outages as they occur. C12. 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, This should be further detailed in the RFP proposal response, pursuant to Tab 3 of Section 0300. 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. C13. 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. This should be further detailed in the RFP proposal response, pursuant to Tab 3 of Section 0300. Specific issues include: 1. Network performance, service degradation and utilization monitoring and reporting. RFP 2018-153KC 29 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. C14. Transmission Requirements Contractor's network(s) must maintain compliance with all applicable industry standards and have the capability for unquestioned transparent interfacing with any and all hardware and software components that comprise the City's network. C15. Proposed Service Limitations Proposer must provide accurate information as to what services can be dynamically allocated or shared on one facility. This should be further detailed in the RFP proposal response, pursuant to Tab 3 of Section 0300. C16. Proposer Service Requirements 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. This should be further detailed in the RFP proposal response, pursuant to Tab 3 of Section 0300, The City requires the following levels of major account support in the following primary areas: 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. 3. Regulatory support - provide ongoing assessment and information on regulatory trends and changes as determined by international, national, regional, state, municipal and local WAN sector governing bodies and their potential direct/indirect impact on the quality, availability and costs of present and future services. 4. Technological support - provide ongoing assessment and information on technological trends that support the Proposer's present network platform and the impact on the evolution of the same. 5. Billing Support — provide ongoing support for bill review of all pricing, discounts inventory and billing information. Any discrepancies not consistent with the contract must be documented and credited retroactive to installation or appropriate date within sixty (60) days. C17. Response Time and Service Hours 1. Contractor 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, 2. Proposer must furnish alternative traffic routing in the event of a network facility and/or network component failure. 3. The Contractor's minimum acceptable response time to City disruptions and/or requests is as follows: RFP 2018-153KC 30 Priority Definition Response Completion Critical A problem that affects any site's entire network (e,g. an entire campus without network access, intermittent network drops sufficient to cause time-outs in general applications, or reduction in network performance resulting in inability to achieve a minimum of 90% of stated bandwidth, or error rate or dropped packet/frame rate of 2% or higher). Within 30 minutes Within 5 hours High A problem that affects any site's entire network (e.g. an entire campus without network access, intermittent network drops sufficient to cause time-outs in general applications, or reduction In network performance resulting in inability to achieve a minimum of 75% of stated bandwidth, or error rate or dropped packet/frame rate of 2% or higher). Within 3 hours Within 1 business day Medium A general service request or problem with a workaround sufficient to maintain service to the school until the problem can be resolved (e.g. permanent repalr/replacement of bad piece of equipment for which the customer can provide temporary replacement). Within 8 hours Within 2 business days Low A service request that does not require immediate attention or involves long-range planning (e.g. planned equipment swap -out). Within 3 business days Plan defined within 10 business days 4. 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 (1) hour following receipt of a notification, automated or otherwise that an outage of service has occurred. C18. Network Service Meetings Management -level service representatives must be available for monthly scheduled network services maintenance meetings with City's representatives, capable of making policy and procedural decisions, and supporting these decisions throughout City's area of service support. C19. Performance Guarantee Proposer must guarantee all network services meet or exceed the following: 1. The provider will guarantee the overall availability of the wide area network to be equal or greater than 99.99%, or at the City's option, 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 provide 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 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. C20. 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 RFP 2018-153-C 31 difficulties and advice for corrective action to the failure in question, 24 hours a day, 7 days a week, 365 days a year. C21. Preventive Maintenance Maintenance and service including regularly scheduled non -disruptive preventative maintenance work must be performed by the Contractor's designated service representatives only. The City must be advised with 24-hour advance notice of any network services maintenance activity which will require downtime of network facilities and/or services. Contractor and City will mutually determine when the desired maintenance window will occur. C22. Personnel Review The City may require changes of Contractor's account representatives deemed to be in the best interest of City services. City reserves the right to review the qualification, experience and personal demeanor of service representatives as a whole or individually, performing services, and to reject any individual who, in the opinion of the City, is unsuitable for performance of services at the City's facilities. C23. Single Point of Contact for Account Contractor 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. C24. Affirmation of Service Department Qualifications Contractor's service and maintenance support organization must have 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. C25. Network Services Documentation The following documentation must be update regularly, and provided to the City upon request at no additional cost: a) End-user guides for proposed services. b) Technical guides and manuals for proposed services. c) Complete technical service data including detailed troubleshooting guides, schematic the network services was actually installed. diagrams, and parts lists as C26. Service History Reports Contractor 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, Contractor 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 Contractor 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, C27, Monthly Network Services Reports Contractor must be able to provide on -demand 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. RFP 20.18-153JC 32 6. Network problems/diagnosis/resolution. 7. Trouble clearing response time. C28. Service Management Reports Contractor 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. Contractor must provide sample reports, C29. Network Services The network services proposed must meet or exceed the RFP 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, and identified within TAB 3 herein. 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, C30. 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. Please describe your pre- and post -conversion testing policies and procedures and descriptive timeline for acceptance. Indicate estimated time to complete acceptance as defined above. C31. 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. C32. 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. C33. Technology Changes/Business Downturn The City requires both Technology and Business Downturn provisions. C34. 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 RFP 2018-153JC 33 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. C35. Pricing Pricing shall be presented as an all-inclusive flat monthly rate per site for each service tier, as identified in Appendix E, with no additional design, installation, engineering, or service fees, All future sites added to the network will be at the service rate provided in Appendix E, with no additional costs accepted. C36. WAN Facilities Locations *(all sites except NAP are located within the City of Miami Beach limits) Normandy City Hall NAP EOC Police Dept 962 Normandy Dr 50 NE 9th, Miami, FL 2300 Pine Tree Dr 1100 Washington Ave Transportation 1688 Meridian Ave North Shore Youth Center 501 72nd St Normandy Golf Course Clubhouse Fire Station 3 2401 Biarritz Dr 5301 Collins Ave 6.880 Indian Creek Dr Scott Rakow Youth Center 42nd ST Garage Marine Patrol - Miami Beach Golf Course 2700 Sheridan Ave 1790-Sunsef-Harbour Dr 2301 -Alton -Rd Property Management 1833 Bay Rd Fire Police Pension RFP 2018-153dC 34 55517th St 1700 Convention Center Dr Flamingo Park Fire Station 1 1245 Michigan Ave Art Deco Welcome Center Police Internal -Affairs Court Liaison 225 Washington Ave Fleet Management 140 Mao Arthur Causeway Balance of Page Intentionally Left Blank RFP 2018 -153 -JC 35 APPENDIX D Special Conditions 2018 -153 -JC WIDE AREA NETWORK (WAN) AND INTERNET CONNECTIVITY SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018-153JC 36 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.gov) 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). RFP 2018-153JC 37 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. 12. POOL OF PRE -QUALIFIED CONTRACTORS FOR ADDITIONAL SERVICES. The City may, at its sole discretion, establish a pool of qualified WAN contractor(s), from the list of responsive and/or awarded contractors, from which future improvement and/or additional projects may be solicited. Balance of Page Intentionally Left Blank RFP 2018-153KC 38 APPENDIX E Cost Proposal Form 2018 -153 -JC WIDE AREA NETWORK (WAN) AND INTERNET CONNECTIVITY SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018 -153 -JC 39 APPENDIX E COST PROPOSAL FORM Failure to submit, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the cost proposal 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 shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form shall be initialed,. Group 1: Internet Connectivit Item Al Description 10 MegaBits per second include port fee Quantity 5 U 1 M Each Unit Cost $ Total (Quantity X unit Cost) $ A2 50 MegaBits per second (include port fee 1 Each $ $ A3 100 MegaBits per second include •ort fee 5 Each $ $ A4 500 MegaBits per second (include port fee 1 Each $ $ A5 1 Gigabit per second include port fee) 5 Each $ $ A6 10 Gigabits per second include port fee 1 Each $ $ A7 40 Gigabits per second (include port fee) 1 Each $ 1GROUP 1 TOTAL $ 1Basis for allocation of cost points. **Failure to submit Cost Proposal Form, in its entirety and fully executed, by the deadline established for the receipt of proposals will result in Proposal being deemed non-responsive and being rejected. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: RFP 2018-153JC 40 APPENDIX E COST PROPOSAL FORM Failure to submit, Cost Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the cost proposal 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 shall be completed mechanically or, if manually, in ink. Cost Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form shall be initialed. • tiroup L: vviae Area Network (vvAiV)'. onnectivity Item 31 Description 10 MegaBits per second include •ort fee Quantity 1 U 1 M Each Unit Cost $ Total (Quantity_X Unit cost) $ B2 50 MegaBits per second include port fee 1 Each $ $ B3 100 MegaBits per second include port fee 22 Each $ $ B4 500 MegaBits per second (include port fee 1 Each $ $ B5 1 Gigabit per second include port fee 3 Each $ $ 36 10 Gigabits per second include port fee 1 Each $ $ B7 40 Gigabits per second (include port fee) 1 Each $ 1GROUP 2 TOTAL $ $ 1Basis for allocation of cost points. **Failure to submit Cost Proposal Form, in its entirety and fully executed, by the deadline established for the receipt of proposals will result in Proposal being deemed non-responsive and being rejected. Bidder's Affirmation Company: Authorized Representative: Address; Telephone: Email: Authorized Representative's Signature: RFP 2018-153KC 41 APPENDIX F nsurance Requirements 2018 -153 -JC WIDE AREA NETWORK (WAN) AND INTERNET CONNECTIVITY SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018-153JC 42 AMI 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 $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 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 and 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. RFP 2018-153JC 43