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97-22470 RESO Resolution No. 97-22470 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRA TION TO ISSUE A REQUEST FOR PROPOSALS FOR A ONE-YEAR CONTRACT TO PROVIDE LONG-DISTANCE SERVICE FOR PAY TELEPHONES ON CITY PROPERTY. WHEREAS, in 1989, the City established a relationship with International Telecharge, Inc., to provide long-distance service for pay telephones on City property; and WHEREAS, in 1992, International Telecharge, Inc., merged with other telecommunication corporations to establish Oncor Communications, Inc., which continues to provide the long- distance service for the pay telephones on City property; and WHEREAS, the long-distance telephone market has changed significantly since that time; and WHEREAS, the City has determined it is in the best interest of both the City and the potential users of the pay telephones to issue a Request For Proposals. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commissioners hereby authorize the Administration to issue a Request for Proposals for a one-year contract to provide long-distance service for pay telephones on City property. PASSED and ADOPTED this 16 th day of July Attest: Yo bY f().A.~ City Clerk Pk, JGP:MDB:PKCGJ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1t!S~ zj ~I)~ ~ CITY OF MIAMI BEACH RFP NO. 113-96/97 REQUEST FOR PROPOSALS FOR CITY PAY TELEPHONE LONG DISTANCE SERVICE SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN AUGUST 28,1997 AT 12:00 NOON CITY OF MIAMI BEACH PROCUREMENT DMSION 1700 CONVENTION CENTER DRIVE, THIRD FLOOR MIAMI BEACH, FL 33139 PHONE: (305) 673-7490 FAX: (305) 673-7851 RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 1 TABLE OF CONTENTS Paee I. OVERVIEW AND PROPOSAL PROCEDURES 3 II. SCOPE OF SERVICES 8 III. PROPOSAL FORMAT 15 IV. EV ALUA TION/SELECTION PROCESS; CRITERIA FOR EV ALUA TION 17 V. GENERAL PROVISIONS 19 VI. SPECIAL TERMS AND CONDITIONS 21 VII. ATTACHMENTS 25 VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 34 RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 2 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION/BACKGROUND The City of Miami Beach is located on a barrier island off the southeastern coast of Florida and comprises 7.1 square miles of land and 10 square miles of water. Incorporated in 1915, the current population is approximately 100,000. The City is a City Manager form of government comprised of approximately 1800 employees, with six commissioners serving staggered four-year terms and a Mayor serving a two-year term. The City of Miami Beach is soliciting proposals from responsible "0+" Long Distance Inter-Exchange Carriers (IXC) for Pay Telephone Long Distance Services. The three hundred (300) pay telephones referred to in this RFP are located on City properties and are used by both City residents and visitors. Responses to this RFP are expected to propose a complete solution that meets all the stated requirements. The City's goal is to maximize commissions to the City and yet provide consumers with equitable long distance rates. This RFP does not include the provision of the pay telephone itself and local service. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP issued and available for distribution 7/21/97 8/11/97 Deadline for receipt of questions Deadline for receipt of proposals Supplier Presentations, if deemed necessary Evaluation committee meeting / Selection offinalist(s) Commission approval to accept ranking and authorize negotiations Contract negotiations Projected contract execution date Projected contract start date 8/28/97 at 12:00 Noon 9/9/97 9/12/97 9/24/97 10/1/97 10/15/97 11/1/97 C. PROPOSAL SUBMISSION An original and five copies of the complete proposal must be received by August 28, 1997 at 12:00 Noon and will be opened on that day at that time. The original and all copies must RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 3 be submitted to the Procurement Division in a sealed envelope or container stating on the outside the proposer's name, address, telephone number, RFP number and title, and proposal due date. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Proposals received after the proposal due date and time will not be accepted and will not be considered. D. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers are advised that from the date of release of this RFP until award of the contract, no contact with City personnel related to this RFP is permitted, except as authorized by the contact person. Any such unauthorized contact may result in the disqualification of the proposer's submittal. Requests for additional information or clarifications must be made in writing to the Procurement Director no later than the date specified in the RFP timetable. Facsimiles will be accepted at (305) 673-7851. The City will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the RFP due date. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in written addenda to this RFP. Proposers are required to acknowledge in their proposals the number of addenda that they received. Proposers should verify with the Procurement Division prior to submitting proposals that all addenda have been received. E. PROPOSAL GUARANTY All proposals must be accompanied by a proposal guaranty, payable to the City of Miami Beach, in the form of a certified check, cashier's check, or proposal bond in the amount of $500.00. Failure by a proposer to honor its proposal or to submit any required insurance or performance bond, within the time stated, shall cause the proposal guaranty submitted with the proposal to be forfeited. Any proposal which is not accompanied by the required proposal guaranty shall be considered non-responsive and ineligible for award. Proposal guaranty will be returned to successful proposer upon approval of any required insurance certificates or bonds. Guaranties submitted by other than the successful proposer will be returned after award of contract RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 4 F. MODIFICA TIONIWITHDRA W ALS 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 the proposal is withdrawn in writing prior to the proposal due date or upon expiration of sixty calendar days after 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. G. RFP POSTPONEMENT/CANCELLATIONIREJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any proposals received as a result of this RFP. H. COST INCURRED BY PROPOSERS All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne by the proposer(s) and not be reimbursed by the City. I. VENDOR APPLICATION Prospective proposers should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. All proposer(s) must rel:ister prior to award; failure to rel:ister will result in the rejection of the proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of$20.00. The following documents are required: 1 . Vendor registration form 2. Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4. Copy of Business or Occupational License 5. Notarized Florida Public Entity Crime Affidavit It is the responsibility of the proposer to inform the City concerning any changes, including new address, telephone number, or commodities. RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 5 J. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. Where exceptions are rejected, the City may require the proposer to furnish the services or goods described herein, or negotiate an acceptable alternative. K. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". L. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require proposers to give oral presentations based on their proposals. The City reserves the right to enter into negotiations with the selected proposer, and if the City and the selected proposer cannot negotiate a successful contract, the City may terminate said negotiations and begin negotiations with the next selected proposer. This process will continue until a contract has been executed or all proposals have been rejected. No proposer shall have any rights in the subject project or property or against the City arising from such negotiations. M. PROTEST PROCEDURE Unsuccessful proposers may protest any recommendations for contract award by sending a formal protest letter to the Procurement Director, which letter must be received no later than 5 calendar days after contract award by the City Commission. The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after 5 calendar days from contract award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protester. N. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer will in no way relieve it from responsibility. O. DEFAULT RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 6 Failure or refusal of a proposer to execute a contract upon award by the City Commission, or untimely withdrawal of a proposal before such award is made, may result in forfeiture of that portion of any proposal surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, such failure may be grounds for removing the proposer from the City's vendor list P. CONFLICT OF INTEREST The award of this RFP is subject to provisions of State Statutes and City ordinances. All proposers must disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the proposer or any of its affiliates. Q. PROPOSER'S RESPONSmILITY Before submitting proposal, each proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the proposer. R. RELATION OF CITY It is the intent of the parties hereto that the successful proposer shall be legally considered to be an independent contractor and that neither the proposer nor the proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 7 SECTION II - SCOPE OF SERVICES A. OVERVIEW The pay telephones included in this RFP are those located in/on City property (both inside and outside) as follows: Miami Beach Convention Center 1901 Convention Center Dr 195 Miami Beach Marina 268 and 300 Alton Rd 17 Jackie Gleason Theater 1700 Washington Av 16 Police Headquarters 1100 Washington A v 7 North Shore Park 7275 Collins Av 5 Flamingo Park 1245 Michigan Av 5 Normandy Golf Course 2401 Biarritz Dr 4 City Hall 1700 Convention Center Dr 3 Bayshore Golf Course 2301 Alton Rd 3 Colony Theater 1040 Lincoln Rd 3 Other Locations Various; throughout the City 38 Total 296 Oncor Communications, Inc. currently provides "0+" long distance service for these pay telephones in/on City property. This RFP seeks to maximize commissions paid to the City for long distance service and yet deliver an equitable rate structure to the public. Bell South Public Communications, Inc. currently provides pay telephone equipment and local service. This RFP includes neither local service nor pay phone equipment. B. THEFT, FRAUD AND UNCOLLECTIBLE CALLS RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 8 The City will bear no responsibility for fraudulent calls or theft of funds. The Proposer is expected to resolve all fraud problems and assume full responsibility for dishonored credit cards, fraudulent calls, and loss of non-collectable funds. Furthermore, no documented fraud, stolen or lost funds, noncollectible funds, or loss of funds due to dishonored credit cards will be deducted from gross revenues or commissions paid to the City. The City will bear no responsibility for unbillable or uncollectible calls. These funds will not be deducted from gross revenues on which commissions are paid to the City. C. ADDITIONS & DELETIONS The City will direct/approve any and all additional pay telephones to be connected to and the removal of any existing pay telephones to be removed from the Proposer's service. D. RIGHT TO AUDIT The City will have the right to audit. The Proposer must provide the City with the right to audit the revenues and commissions of any pay telephone located on its premises and covered by the agreement, at a location of the City's choice. The City shall furnish the Proposer ten (10) days written notice prior to executing its right to audit. The City, at it's discretion, may request copies of external auditor reports of the Proposer's books as they related to the City's account. E. EQUIPMENT AND QUALITY OF SERVICES The City will select an equipment provider of pay telephones independent of this RFP. The City will monitor the quality of Long Distance Inter-Exchange Telephone Service rendered, as well as, the quality of operator services provided. It is the Proposer's responsibility to become completely familiar with this project as identified herein. F. ASSIGNMENT COSTS The Proposer will be solely responsible for all expenses involved in the assignment costs associated with providing "0+" Long Distance Inter-Exchange Telephone Service G. ACCOUNT MANAGER The Proposer is required to assign an Account Manager, acceptable to the City. The RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 9 Account Manager shall act as the single point of interface between the City and Proposer on all matters and conditions of the Agreement. Proposer must also provide an escalation list of names, addresses, and telephone numbers of individuals to contact, in the event a problem is not resolved by the Account Manager, to the satisfaction of the City. H. PROPOSER REQUIREMENTS Proposer is responsible for coordinating the successful assignment to the IXC (Inter-Exchange Carrier) with the maintainer/provider of pay telephones. This includes the relabeling of all pay telephones with the appropriate information. This is to be accomplished without cost to the City. The Proposer shall test and ensure operational activation of the selected IXC (Inter-Exchange Carrier), prior to the City's acceptance of the project. I. REPORTS The Proposer will be required to provide, the following on a monthly basis for the entire duration of the Agreement: . A minimum of two (2) Accounts; initially, one for Convention Center pay telephones and a second for other City pay telephones. . A hardcopy of a Call Detail Report for each Account with Summaries as described below. . Diskette containing detailed call detail records in a format mutally agreed upon by the City and the Proposer. The monthly Call Detail Reports will contain data for each pay telephone by call to the NNX level for operating facilities. These reports will include but not be limited to, date, time of day call was placed, length of call, type of call, number called, carrier utilized for the call, cost of call to the user, special charges placed on the user, the amount of gross revenues realized, and the commission generated. Summaries on this report are required to contain by each pay telephone number: minutes of use, number of calls, gross revenues, and commissions. J. CUSTOMER BILLING DATA The Proposer shall be able to provide to the customer (pay telephone user) a detailed monthly bill that gives the following basic information: RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 10 . Originating Phone Number . Terminating Phone Number . Time of Call . Date of Call . Call Originating Location . Call Termination Location . Call Duration . Call Charge (Cost) . Account Summaries K. REGULATIONS Proposer must comply with all applicable Federal Communications Commission (FCC) and Florida Public Service Commission (FPSC) tariffs, rates, and operational regulations. Additionally, the Proposer will be responsible for ensuring all proposed rates and services are in complete compliance with the Americans With Disabilities Act, American National Standards Institute, FCC Regulations, and Florida Public Service Commission Requirements. Revisions and/or updates to the codes and regulations indicated will be adhered to by the Proposer, at no cost to the City for the full term of the Agreement. Proposer's failure to comply with these regulations will give the City the right to terminate the Agreement with the Proposer effective immediately. L. SERVICES PROVIDED The Proposer is expected and required to provide quality telephone and operator services. Additionally, the Proposer is required to provide ease of access for users who want to avail themselves of competing long distance providers. The Proposer will provide inter-lata and international "0+" long distance service to the world on the pay telephones located at the various City facilities. The Proposer must have various credit card calling validation options and the ability to accept and validate carrier and commercial credit card billing (e.g.; American Express, Master Card, Visa, Diners Club, etc.). M. OPERATOR SERVICES The Proposer must provide operator service 24 hours per day, 7 days per week, 365 days per year for call handling, domestic and international directory service, complaint reports, and credit adjustments for cut-offs and poor transmission. The Proposer must have multilingual operator services in place during all hours as above (e.g., English, Spanish, French, Italian, Haitian, Creole, Japanese, German). RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 11 The Proposer must have alternate operator service centers available in the event of facility failure. In the event of facility failure, calls via alternate operator service centers will be handled without interruption or additional cost to the user. Proposer must have spare system and operator position capacity available for the timely handling of peak load periods. Proposer must have alternate routing facilities in place between the serving BellSouth Central Office and Proposer operator service centers. The Proposer must also provide the following operator services: . Directory Assistance (Inter-Lata and International) . Refunds . Immediate Credit . Immediate Rate Information . Collect billing . Third Party Billing . Credit Card Billing (Commercial and Carrier) . V oice and Text Assistance to caller N. RATES AND CHARGES Proposer operator charges for person-to-person, credit card, third party, collect, and directory assistance calls shall not exceed the FCC and FPSC tariff rates during the course of the Agreement term. However, charges may be below the allowable maximum tariff rates. Proposer's rates, as they apply to operator and long distance services, shall not exceed the FCC and FPSC tariff rates to any location in the world and will not exceed these rates during the term of the Agreement. However, rates may be below tariff rates. Proposer must provide immediate rate information to the user via operator services or toll free number. O. REFUNDS AND CREDITS The City requires the Proposer to issue immediate credit to the user and to issue refunds to the user, within ten (10) work days. P. INSTRUCTIONS The system must provide instructions and/or prompts for the below listed scenarios: RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 12 . When the user is using a credit card (carrier and commercial) . When a user is attempting to access a competing IXC (Inter-Exchange Carrier) Q. SYSTEM SERVICES Proposer's system must have the capability of and is required to provide the following: . Message Forwarding Services . Facsimile Services . Data transmissions from laptop PCs and fax machines . Complete collect international calls . P.OI grade of service . Customer notification of which carrier & operator services is handling the calls . On-line verification of carrier and commercial credit cards . IXC (Inter-Exchange Carrier) access via credit card with or without operator assistance . User notification prior to cut off on timed long distance calls . Calling Card Calls with full, partial, and no operator assistance . Third Number call collect call time and charges . Emergency interrupt . Busy Line verification . Person-to-Person calls . Mobile Telephone calls . Conference calls . Handle TTY (Text) calls R. CALL SET -UP Proposer's system must have the capability to provide expedient call set-up. It is expected that the time frame involved from a user dialing a number to call connection not exceed ten (10) seconds. Call set-up and completion time frames exceeding this threshold will be deemed unacceptable. Should a condition of unacceptable call set-up time become apparent to the City, the successful Proposer will be notified for corrective action. In the event no corrective action is taken by the Proposer, or if the condition can not be reasonably corrected, the City will have the right to terminate the Agreement within seven (7) calendar days of written notification. S. REGISTRATION All Proposers must be registered with the Florida Public Service Commission as an IXC RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 13 (Inter- Exchange Carrier). T. OWNERSHIP The City will favor Proposers who own their own switching facilities and have a majority interest in their operator services and transmission facilities. RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 14 SECTION ill - PROPOSAL FORMAT Proposals must contain the below-enumerated documents, each fully completed and signed as required. Proposals which do not include all required documentation or are not submitted in the required format, or which do not have the appropriate signatures on each document, may be deemed to be non-responsive. Non-responsive proposals will receive no further consideration. A. CONTENTS OF PROPOSAL 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below, and provide documentation which demonstrates ability to satisfy all of the minimum qualification requirements. Proposals which do not contain such documentation may be deemed non-responSIve. 3. Price Proposal Proposer must include commission schedule. 4. Acknowledgment of Addenda and Proposer Information forms (Section VIII) 5. Any other document required by this RFP. such as a Ouestionnaire or Proposal Guaranty. B. MINIMUM REQUIREMENTS / QUALIFICATIONS: . Include the following specific sections as part of Section 2 (Proposal Points to Address): Executive Top level summary of the most important aspects of the proposal, Summary containing a concise description of the proposed solution and cost Detailed Provide detailed information of proposed solution as described in Description SECTION II - SCOPE OF SERVICES, including time frame for of Proposed implementation. Solution . In Section 3 (Price Proposal) provide detailed rate and commission information including: RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 15 Commission Structure Please describe your rate structure in detail (or attach your tariff). Both per minute and access charges are to be listed separately. . Please describe, in detail, your proposal for providing the City with commissions on operated assisted "0+" and credit/calling card" I +" calls that use your long distance service. Customer Rates . The City is requesting the commission be based on a flat percentage rate and total gross revenue received by the proposer. . The proposer may include m their proposal, Commissions based on "Dial-Around" or 1 +800+proposer' s long distance service. . Include any minimum monthly or annual commission guarantee amounts. . Payments, with reports, are to be sent to the City no later than 30 days after the end of the month. . In Section 5 (Other required documents) include the completed "Functions/Features Questionnaire" (Exhibit A). This Exhibit should be returned as both hardcopy and filled in on the attached diskette. Both WordPerfect and Word formats are available. RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 16 SECTION IV - EVALUATION/SELECTION PROCESS; CRITERIA FOR EV ALUA TION The procedure for proposal evaluation and selection is as follows: 1" Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations before the Evaluation Committee makes its recommendation. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee believes to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors: . Proposer's Experience, Financial Qualifications and Professional Reputation. . Quality and Variety of Proposed Services. . Commission to Be Paid to the City. . Pricing to the Public. . Proposed Approach for Implementation and Ongoing Support. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected proposer and the City Manager take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 17 negotiate a contract with a proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has or have done so. Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 18 SECTION V - GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful proposer. B. INDEMNIFICA TION The successful proposer shall be required to agree to indemnifY and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. D. TERMINA TION FOR CONVENIENCE OF CITY RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 19 The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of the written termination notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful proposer in accordance with the Agreement for all services actually performed by the successful proposer and reasonable direct costs of successful proposer for assembling and delivering to City all documents. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 20 SECTION VI - SPECIAL TERMS AND CONDITIONS A. PERFORMANCE BOND Within five (5) calendar days after the award of the Agreement, the successful Respondent will be required to obtain and provide a $10,000.00 bond which will remain in effect during the term of the Agreement The bond shall be executed by a responsible corporate surety which has been given a B+ VI or higher rating by the most recent edition of AM Best's Insurance Guide and which is authorized to issue bonds in the State of Florida through an authorized agent with an office in Florida. In the alternative, an Irrevocable Letter Credit or cash deposit will be accepted. RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 21 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto the City of Miami Beach, Florida, as Obligee, hereinafter called the City, in the amount of Dollars ($ ), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor, on the _ day of , 19 _, entered into a certain contract with the City, hereto attached, for RFP No. 113-96/97 , Entitled "CITY PAY TELEPHONE LONG DISTANCE SERVICE" , which Contract is made a part hereofby reference thereto. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, then this obligation shall be void; otherwise to remain in full force and effect Any suit under this bond must be instituted before the expiration oftwo (2) years from the date on which the final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 22 IN WITNESS WHEREOF, the above bounded parties have caused this Bond to be executed by their appropriate officials of the day of , 19 WITNESSES: COUNTERSIGNED BY RESIDENT FLORIDA AGENT OF SURETY: (Copy of Agent's current License as issued by State of Florida Insurance Commissioner) RFP NO.: 113-96/97 DATE: July 16, 1997 PRINCIPAL: (If sole Proprietor or partnership) (Firm Name) BY Title: (Sole Proprietor or Partner) PRINCIPAL (If Corporation) (Corporate Name) BY (President) Attest: (Secretary) (CORPORA TE SEAL) SURETY: By: CITY OF MIAMI BEACH 23 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal ACKNOWLEDGMENT OF ATTORNEY-IN-FACT SURETY STA TE OF FLORIDA) ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared , who says that he is the Attorney-in-Fact, for the (Surety) and that he has been authorized by the Surety to execute the foregoing bond on behalf of the Surety named therein in favor of the City of Miami Beach, Florida. Said person is _ personally known to me, or _ has produced (specify type of identification, i.e., driver's license and number, state of issue, etc.) and who _did take an oath, or _ did not take an oath. WITNESS my hand and official seal, at the County and State aforesaid, on the day and year aforesaid. (Attach Power of Attorney) Notary Public State ofFlorida-at-Large My commission Expires: RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 24 RFP NO.: 113-96/97 DATE: July 16, 1997 SECTION VII - ATTACHMENTS Exhibit A - FunctionslFeatures Questionnaire CITY OF MIAMI BEACH 25 Exhibit A - Functions/Features Questionnaire A. GENERAL QUESTIONS 1# I 'tent < i << < ........i - ......... XTI"'\ ........i< i ,o.;.r l....... ..................... ..... ...... ............. ....... << ................ I Proposer agrees to provide operator and long distance services 24 hours per day, 7 days per week, 365 days per year. 2 Proposer agrees to provide multilingual operator services during same hours listed above (#1). Attach a complete list of languages available. List areas of the world where your company can not place calls. ...... 3 ........ < ........ ii ...... \ ........ < </< 4 Proposer agrees long distance calls will be timed. 5 Proposer agrees the user is notified prior to being cut off. 6 Proposer agrees the system verifies carrier & commercial credit cards on line. 7 Proposer agrees the system provide instructions and/or prompts as required by the Florida Public Service Commission. 8 Proposer agrees to complete collect international calls. 9 Proposer agrees the customer is notified which carrier & operator services are handling the calls. 10 Proposer agrees the customer can obtain immediate rate information through the operator or a toll free number. 11 Proposer agrees the system will offer message forwarding services. 12 Proposer agrees the system provides: 1< .............. I a Directory Assistance (Inter-LATA & International) b Refunds c Immediate Credit d Collect Billing RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 26 Exhibit A - Functions/Features Questionnaire I'" ...... ........ < < ..... < ..... < ...................... 1\1(\....... #< ....... ......... -.------ .-'< e Third Party Billing f Credit Card Billing g Assistance to Caller (voice & text) 13 Proposer agrees the system offers fax services. 14 Proposer agrees not to bill a customer in excess of the tariff rates for the State of Florida or FCC Regulations as it applies to operator services and Long Distance. 15 Proposer agrees the system will accept data transmission from laptop PCs and fax machines. 16 Proposer is registered with the Florida Public Service Commission as an IXC (Inter-Exchange Carrier). 17 Proposer owns their own switching facility. If no, specify owner: 18 Proposer has a majority interest in their operator services. If no, specify majority interest holder: 19 Proposer has a majority interest in their transmission facilities. If no, specify majority interest holder: 20 Proposer hands off less than 10% of their calls to another carrier. If no, specify who handles calls: 21 Proposer's customer accounts are audited by an independent external audit firm at least once annually. 22. List the number of operators available on each shift and the number of calls handled per operator at the following locations: RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 27 Exhibit A - FunctionslFeatures Questionnaire Primary Operator Service Center. Address Day Evening Midnight Alternate Operator Service Center Address Day Evening Midnight List other alternate sites if applicable. 23. The City requires issuance of immediate credit and refund within ten (10) working days. Describe your company's policy for handling refunds and complaints: 24. How many Calling Cards has your company issued in: The United States World Wide RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 28 Exhibit A - Functions/Features Questionnaire 25. List all the credit cards and Calling Cards that your company directly accepts: 26. Call Set-up time acceptance test requirements: . Provide a list of ten (10) Pay Telephone locations and addresses in South Florida that the City can visit to test call set-up time. . Provide a free test credit card number and credit card for use by the City for the duration of the test period. . Provide the local point of premise access telephone number. . Provide the following telephone numbers that will accept collect calls. - West Coast Location - East Coast Location - Mid West Location . Provide a telephone number to test third party call processing. . Provide the long distance directory assistance number. RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 29 Exhibit A - Functions/Features Questionnaire 27. Please fill in the following matrix showing rates and commissions for long distance calls: Call from Miami Rate for Calculated Rate for Calculated Rate for Calculated Beach Convention 1S0 second commission 150 second commission 150 second commission Center to the based on Calling based on dial-around based operator on following locations: assisted call your Card call your call using your proposal with no proposal your long proposal operator distance assistance service I with no operator assistance Tampa, FL New York, NY Chicago, IL San Francisco, CA San Jose, CA Bellingham, W A Toronto, Canada Vancouver, Canada San Juan, P. Rico Santo Domingo, Dom. Republic Nassau, Bahamas Mexico City, Mex. Lima, Peru London, England Bonn, Germany Tokyo, Japan Cape Town, S. Afr. New Delhi, India 1-- Total Commission: I ~ RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 30 Exhibit A - Functions/Features Questionnaire Please provide information on the following: Use additional sheets or attachments as necessary. B. IMPLEMENTATION APPROACH Implementation of a project of this magnitude requires detailed planning as outlined below. Please provide your specific implementation plans for each specified area. 1. Implementation Planning . Identification of Critical "Phases" . Roles and Responsibilities . Implementation Time Table 2. Implementation . Specifications for Implementation . Roles and Responsibilities 3. Testing . Definition of Acceptance Test Criteria . Roles and Responsibilities . Conversion Testing . Performance Testing . City of Miami Beach Sign-Off 4. On-Going Maintenance Support . Post-Installation Support C. PROPOSER QUALIFICATIONS 1. Company overview: . Main lines of business. . Number of years in the pay telephone business. . Number of years providing Operator services. . Organization and structure. . Locations - headquarters, implementation, and support. RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 31 Exhibit A - FunctionslFeatures Questionnaire . Number of employees - total and by major department. . Number of suppliers - total and by major department. . Company mission and vision statements. . Strategic relationships with other Vendors and technology. . Organizational participation. 2. Financial information: . Total revenue. . Percent of revenue from proposed Pay Telephone Long Distance Service products. . Percent of revenue expended on research and development. . Audited Financial statements for last five years. . Most recent annual report. . Dunn & Bradstreet Reports as available. . Demonstrate financial strength and the ability to perform on a long term basis. 3. Leadership, Administration, Quality and Future Technologies Commitment. The Proposer's ability to support the City in a way that will ensure a successful implementation is of critical importance. The selected Proposer must meet the following requirements: . Be an industry leader and have a clear vision of how they will support emerging technologies and industry standards. . Provide a single point of contact for all contract negotiation, installation and implementation issues. . Have a proven track record of successfully providing similar proposed services to customers of similar size and complexity. . Demonstrate an ongoing commitment to quality, increased operating efficiency and effectiveness and an improving cost/value ratio. . Maintain competent technical and administrative support organizations, trained in current and emerging technology, and properly trained and equipped. 4. Reference Information Provide overview of four (4) recent similar implementations to be used as references. For each reference include the following: . Company/Agency name and main line of business. . Brief narrative of implementation including date of installation, SIze of RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 32 Exhibit A - FunctionslFeatures Questionnaire implementation, summary of technical environment. . Contact information including name, position, phone number and extension, fax number. Provide a list of customers terminating serVIce prior to normal expiration of executed agreements within the last two (2) years. RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 33 SECTION vm - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 34 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the City reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 35 REQUEST FOR PROPOSALS NO. 113-96/97 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date (Proposer - Name) (Date) (Signature) RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 36 DE CLARA TION TO: Jose Garcia-Pedrosa City Manager City of Miami Beach, Florida day of ,1997. Submitted this The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The proposer states that the proposal is based upon the documents identified by the following number: 113-96/97. SIGNA TURE PRINTED NAME TITLE (IF CORPORATION) RFP NO.: 113-96/97 DATE: July 16, 1997 CITY OF MIAMI BEACH 37 Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If Foreil!n Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partnership"': Name and Address of Each Partner: RFP NO.: 113-96/97 DATE: July 16, 1997 QUESTIONNAIRE CITY OF MIAMI BEACH 38 NAME ADDRESS 1< Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes ( ) No () If yes, give details on a separate sheet. 3. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 4. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 5. Person or persons interested in this bid and Qualification Form _(have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 39 B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, so state.) The proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications ofthe proposer, as may be required by the City Manager. The proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESSES: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: Signature (General Partner) (Print Name) (Print Name) RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 40 WITNESSES: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President Attest: Secretary (CORPORATE SEAL) RFP NO.: 113-96/97 DATE: July 16,1997 CITY OF MIAMI BEACH 41 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cLmiami-beach.fl.us COMMISSION MEMORANDUM NO. .505..91. SUBJECT: Mayor Seymour Gelber and DATE: July 16, 1997 Members of the City Commission Jose Garcia-pedros~ City Manager , I A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Authorizing the Administration to Issue Request for Proposals No. 113- 97 /98, One-Year Contract for Providing Long-Distance Service for Pay Telephones on City Property. TO: FROM: ADMINISTRATION RECOMMENDATION: Approve the Resolution. BACKGROUND: In May, 1989, the City of Miami Beach accepted a bid from International Telecharge, Inc. to provide long-distance service for pay telephones on City property. In July, 1992, International Telecharge merged with several other long-distance providers to form Oncor Communications, Inc. Oncor Communications, Inc. currently provides long-distance service for approximately 300 pay telephones located on City property. The City currently receives a monthly commission based upon Oncor's revenues from operator-assisted long-distance calls (i.e., 0 or 00 calls). With the recent changes in the long-distance telephone market, it is in the best interest of both the City and the potential users of the pay telephones to issue a new Request for Proposals (RFP). The attached RFP is for a one-year long-distance contract to begin approximately November 1, 1997. The RFP will ensure that the City maximize its commissions while delivering quality long-distance service for consumers at reasonable rates. For example, the RFP: · Examines opportunities for additional commissions on credit-card calls placed without operator intervention through the same long-distance carrier. · Establishes requirements for "set-up time" (length oftime to establish the call), availability of multi -lingual operator assistance, billing increments, and rates. AGENDA ITEM c... 'l G l-I~-'tl DATE Pay-telephone equipment and local service are provided by BellSouth Public Communications, Inc. This RFP does not include such equipment and local service. We are evaluating options for the provision of the pay-telephone equipment and local service and may seek authorization to issue a separate RFP at later date.: CONCLUSION: The Administration recommends adopting the attached Resolution authorizing the RFP to be issued. Ij,. t~ JGP:~B:PK' Attachment