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Agenda 09/10/2013 Item #16E 7 9/10/2013 16.E.7. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chair to sign an amendment to CenturyLink Contract 11-5606 to add additional service options not included in the original contract and increase the Contract value by up to $40,000. OBJECTIVE: To approve and authorize the Chair to sign an Amendment to Century Link Contract 11-5606. This amendment adds additional service options not included in the original contract. CONSIDERATIONS: The Board of County Commissioners approved Contract 11-5606 for telecommunications and data services with Century Link on December 13, 2012 (Item 16E3). This Contract includes CenturyLink Metro Ethernet CIR/EIR Based Services for specific locations per the First Amendment. The Contract was solicited via request for proposal (RFP) to allow the County to procure flexible telecommunications and data services at the best price. This amendment adds pricing for service options that were not included in the original contract and will allow the County to procure additional or upgraded services for current and new county facilities. FISCAL IMPACT: Funding for services under this contract are available in the procuring depai iments operating budgets. Estimated original contract cost is $161,000. Estimated additional charges may increase the contract value by up to $40,000. LEGAL CONSIDERATIONS: This item has been reviewed and approved as to form and legality and requires majority vote for approval. —CMG RECOMMENDATION: That the Board approves and authorizes the Chairwoman to sign Amendment#1 to the Century Link Agreement. PREPARED BY:Mark Fowski,Network Operations Manager Attachment: CenturyLink contract amendment. RFP 11-5606 on December 13, 2012 Agenda item 16.e.3 Packet Page-1533- 9/10/2013 16.E.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.7. Item Summary: Recommendation to approve and authorize the Chair to sign an amendment to CenturyLink Contract 11-5606 to add additional service options not included in the original contract and increase the Contract value by up to $40,000. Meeting Date: 9/10/2013 Prepared By Name: FowskiMark Title: Manager-I.T.Network Operations 8/2/2013 4:13:19 PM Submitted by Title: Manager-I.T. Network Operations Name: FowskiMark 8/2/2013 4:13:20 PM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 8/27/2013 11:42:06 AM Name:NorthrupAdam Title: Procurement Strategist,Purchasing Date: 8/27/2013 4:46:55 PM Name: BerriosMike Title: Manager-Network Operations,Information Technolog Date: 8/27/2013 5:01:44 PM Name: WardKelsey Title: Manager-Contracts Administration,Purchasing&Ge Date: 8/28/2013 12:10:41 PM Packet Page-1534- 9/10/2013 16.E.7. Name: JohnsonScott Ara Title: Purchasing Agent,Purchasing&General Services Date: 8/28/2013 12:47:39 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing&Gene Date: 8/28/2013 2:56:06 PM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 8/29/2013 10:25:30 AM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 8/29/2013 3:37:16 PM Name: PriceLen Title: Administrator, Administrative Services Date: 8/29/2013 4:17:42 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 8/30/2013 10:53:06 AM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Manag Date: 8/30/2013 12:51:35 PM Name: KlatzkowJeff Title: County Attorney Date: 8/30/2013 1:51:54 PM Name: OchsLeo Title: County Manager Date: 8/30/2013 2:44:07 PM Atiow Packet Page -1535- 9/10/2013 16.E.7. Amendment Contract#:SPR-1262 First Amendment to CenturyLink Custom Cover Agreement between Collier County Board of County Commissioners and CenturyLink Sales Solutions,Inc. This First Amendment is made to the CenturyLink Custom Cover Agreement (Contract No. SPR-16848) between Collier County Board of County Commissioners ("Customer") and CenturyLink Sales Solutions, Inc. ("CenturyLink")effective on or about October 1, 2011 (the "Agreement").The following modified and added terms and conditions are made a part of the Agreement effective on the date signed by both parties ("First Amendment Commencement Date"). CenturyLink and Customer agree as follows: 1. The Price Table for Services in Section 3 of Attachment C is amended by adding new pricing options as follows: Customer Billing Service/Installation Type of Service Order Monthly Non- Address Address Term Recurring Recurring Charge Charge 3299 Tamiami Qualifying Embarq CenturyLinkTM 24 Months $433.00 $0 Trail East,Suite Florida locations only Metro Ethernet- 700 on a per quote basis CIR/EIR Based Naples,FL 34112 Services(5MB) Qualifying Embarq CenturyLinkTM 24 Months $650.00 $0 Florida locations only Metro Ethernet- on a per quote basis CIR/EIR Based Services(20 MB) Qualifying Embarq CenturyLinkTM 24 Months $682.00 $0 Florida locations only Metro Ethernet- on a per quote basis CIR/EIR Based Services(50 MB) Qualifying Embarq CenturyLinkTM 24 Months $979.00 $0 Florida locations only Metro Ethernet- on a per quote basis CIR/EIR Based Services(100 MB) Qualifying Embarq CenturyLinkTM 24 Months $1.321.00 $0 Florida locations only Metro Ethernet- on a per quote basis CIR/EIR Based Services(500 MB) Qualifying Embarq CenturyLinkTM 24 Months $1,972.00 $0 Florida locations only Metro Ethernet- on a per quote basis CIR/EIR Based Services(1000 MB) Qualifying Embarq EMBARQ® 24 Months $1,790.00 $0 Florida locations only Dedicated Internet on a per quote basis Access Services (100 MB) Qualifying Embarq EMBARQ® 24 Months $1,987.00 SO Florida locations only Dedicated Internet on a per quote basis Access Services #254258v5 Rey.07.10 Page 1 of 3 CENTURYLINK CONFIDENTIAL AND PROPRIETARY INFORMATION Packet Page-1536- 9/10/2013 16.E.7. Amik Customer Billing Service/Installation Type of Service Order Monthly Non- Address Address Term Recurring Recurring Charge Charge (200 MB) Qualifying Embarq EMBARQ® 24 Months $2,470.0() $0 Florida locations only Dedicated Internet on a per quote basis Access Services (300 MB) Qualifying Embarq EMBARQ® 24 Months $2,824.00 $0 Florida locations only Dedicated Internet on a per quote basis Access Services (500 MB) (*)Note:Services not in a qualified Embarq Florida location are subject to individual case basis(ICB)pricing. ICB pricing may contain a different Monthly Recurring Charge and/or require Non-recurring Charges for installation of facilities. 2. Section 4"Purchase Orders"of Attachment C is amended to add the below as follows: CenturyLink will accept Customer-issued purchase orders for the Services listed in Section 2.1.A for bandwidths not specifically priced in the Price Table for Services in Section 3 of Attachment C. CenturyLink will provide Customer with a quote for the requested bandwidth and will place the Order once written approval is received from Customer. All other terms and conditions in the Agreement, not amended above, will remain in effect. This Amendment and any information concerning its terms and conditions are CenturyLink's proprietary information and may not be disclosed to third parties without CenturyLink's prior written permission except as permitted by law or the panics' mutual nondisclosure agreement. To become effective, this Amendment must be: (a) signed by a Customer representative; (b) delivered to CenturyLink on or before September 30, 2013; and (c) signed by a CenturyLink officer or authorized designee. Century Link Sales Solutions,Inc. Collier County Board of County Commissioners By: By: Name: Name: Title: Title: Date: Date: ATTEST: Dwight E.Brock,Clerk of Courts By: Dated: (SEAL) Approved as to form and to o.. - l-wiener. { �1 ) tci-tArlf Cout #254258v5 Rev.07.10 Page 2 of 3 CENTURYLINK CONFIDENTIAL AND PROPRIETARY INFORMATION Packet Page-1537- 9/10/2013 16.E.7. Assistant County Attorney Print Name Approved as to Legal Form Centurylink Law Dept. • MC—April 16,2013 � OV\ CenturyLink Enterprise Special Pricing B R N 8/1/13 #254258v5 Rev.07.10 Page 3 of 3 CENTURYLINK CONFIDENTIAL AND PROPRIETARY INFORMATION Packet Page-1538- 9/10/2013 16.E.7. REQUEST FOR PROPOSAL ter county Admistrative Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS solicitation RFP 10-5606 — "Telecommunications Voice and Data Services" Jack Curran, Purchasing Agent 239-252-6098(Telephone) 239-252-6596 (Fax) johncurran @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. cis t:PiT Purchasing C ,F •a mt•3327 imam—rail East•Naples,Florida 3=012-4901•wiwr coil egos neUpurchasina oak Packet Page-1539- 9/10/2013 16.E.7. Legal Notice Sealed Proposals to provide Telecommunications Voice & Data Services will be received until 3:00PM Naples local time, on December 2nd, 2010 at the Collier County Government, Purchasing Department, 3327 Tamiami Trl E, Naples, FL 34112. Solicitation RFP 10-5606—"Telecommunications Voice and Data Services" Services to be provided shall include, but not be limited to the following: scope of service.. A non-mandatory pre-proposal conference will be held on November 17, 2010, commencing promptly at 9:30AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trl E, Naples, FL 34112. If unable to attend in person proposers may call in at 1-805-309-0014 Access Code 754-683-968 If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Stephen Y. Carnell, C.P.M. Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.coiliergov.net/purchasing.and in the Lobby of Purchasing Building "G", Collier County Government Center on November 4th, 2010. 401 <1 nas xa °;rtTeri•3301-Taman iiaa,i Eas •NaVes.F"or....i.:112•L.vuw c».,c-,go ret'pvc?as n1 RFP 11-5606 Telecommunications Voice and Data Services" 2 Packet Page -1540- 9/10/2013 16.E.7. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County IT Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Brief Description of Purchase Collier County is seeking at least two vendors to provide voice and data communications services. The successful respondent(s)will provide the best solution for our overall communications needs as described below based on the evaluation criteria. Background Collier County supports an internal Avaya based PBX with approximately 4,000 extensions. Voice mail and call centers are internally provisioned. Collier County has 89 networked locations; the list of sites may be found within the scope of this RFP and the minimum bandwidth requirements are attached. Detailed Scope of Work The County's telecommunication systems must be operational before, during and after a disaster as it is used in managing emergency situations. The successful proposer must provide the following services as a part of this RFP: 1. Connectivity for all services to be centralized to three locations. • Main Campus 3301 Tamiami Trail East Naples Florida 34112 • ESC 8075 Lely Cultural Pkwy Naples Florida 34113 • South Water plant 3857 City Gate Drive Naples Florida 34117 2. Public Switched Telephone Network (PSTN) Connectivity • PSTN connectivity to support the County's inbound and outbound call volume at the above locations and our DID number block with automatic failover if some connections fail. • Overflow of inbound calls to prevent blockage during peak times • Inbound DIDs—coordinated re-route to operational circuits • Automatic failover of DID number to remaining trunks—vendor to provide a description of what service they can provide. • 24/7 support • Include a traffic study of inbound/outbound call volume to determine appropriate trunking type and size. • Include provision for one site to handle all call volume RFP11-5606 Telecommunications Voice and Data Services" 3 Packet Page -1541- 9/10/2013 16.E.7. • Include provision for two sites to handle all call volume • Define failure scenarios and how you will accommodate them to include: • Loss of connectivity to the PSTN • Site isolated due to internal network failure • Port our DID number block (239.252.1000-8999) • Long Distance - Collier County utilizes a pin based long distance system that allows all long distance calls to be charged to specific cost centers and provides details of calls placed by each employee assigned to a cost center. Collier County requires the following capabilities for long distance calling: • Pin based long distance calling must be available to all County Departments and approved external agencies and on dedicated circuits provided by the vendor, circuits provided by other telephone service providers and individual phone lines • A detailed data base identifying the fund, cost center, employee last name, employee first name and employee's long distance pin code must be maintained by the vendor • The vendor must provide a process for issuing new pins and terminating existing pins • Monthly billing must be provided electronically in a format that can be programmatically separated and e-mailed to cost centers or in separate billing files by cost center. The billing format must be approved by Collier County. Monthly billing must provide three levels of detail: • Account summary—total monthly expense summarized by long distance totals, taxes and fees • Cost center summary—summarized listing of long distance costs per cost center • Cost center detail report- call detail report for each employee grouped by cost center • The successful vendor must identify long distance costs for intrastate, interstate, international calls and all associated fees for services. • Standard B-1 Lines • T-1 • ISDN PRI T-1 lines • SIP trunking • Other trunking options 3. Data Communications Connectivity • Data communications services to the following locations: Site list attached. • Services including but not limited to: • Ethernet services must include a variety of speeds • Frame Relay • Point to Point T1's • MPLS • Broadband RFP11-5606 Telecommunications Voice and Data Services" 4 Packet Page-1542- 9/10/2013 16.E.7. 4. Internet Connectivity • Internet connectivity supporting our AS number to each of the main sites with a minimum bandwidth of 50 Mbps. 5. All billing must be electronic with the ability to group services by internally provided organizational codes (three digit funds xxx: six digit fund/organization center xxxxxx). Discretionary Services Vendor shall price the following services for discretionary use by Collier County during the contract period: • Network consulting • Telephony consulting • Network installation services • Network monitoring • Avaya PBX Support (including support outside of normal business hours) Term of Contract The contract term, if an award(s) is/are made is intended to be one (1) year with three (3) one (1) year renewal options, Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and Program Manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice November 10 2010 Last Date for Receipt of Written Questions November 23, 2010, 10:00AM, Naples Local Time Non-mandatory pre-solicitation meeting November 17,. 2010 @9:30am, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or Pre- TBD Proposal Conference Solicitation Deadline Date and Time December 2, 2010, 3:00PM, Naples Local gook RFP11-5606 Telecommunications Voice and Data Services" 5 Packet Page-1543- 9/10/2013 16.E.7. Time Evaluation of Vendor Submittals TBD Vendor Presentations TBD Completion of Contract Negotiations TBD Board of County Commissioner's Contract Approval Date TBD Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Company Profile (25 points) Proposers shall include a detailed company profile. The profile should include the size of the organization including a breakdown of local resources and the number of years the company has been in business. We will evaluate the completeness and depth of your direct service offerings, fault tolerance of infrastructure and ability to deliver. The successful vendors must be incorporated and licensed as full time telephone service provider in the State of Florida for minimum of two (2) years 2. Tab II, Technical Approach (30 points) Completeness and suitability of solution to our business requirements, reach of.infrastructure and use of third parties must be disclosed. Vendor must provide a description of the proposed network architecture and the level of redundancy provided, including backup power provisions for vendor's infrastructure and an assessment of the risks associated with their approach. Vendor must detail all external dependencies, specifically the extent to which services to be provided under this agreement are dependent on third party providers. Proposals should include the projected time to deploy and a detailed description of service provisioning. Vendor must provide service level agreements detailing response criteria for emergency, non- RFP11-5606 Telecommunications Voice and Data Services" 6 Packet Page -1544- 9/10/2013 16.E.7. emergency, and new service requests under this agreement. This response must include Ask remote diagnostic capabilities, the training and certification levels of service personnel, and the escalation path for service requests. Short listed vendors will be asked to conduct tours of facilities. 3. Tab Ill, Cost of Solution (20 points) • Provide the projected total cost and estimated calendar day duration (including projected hours)for which your firm will provide the work as described in this RFP. • Provide proposed fee schedule of principals and staff(including sub-consultants). 4. Tab IV, Customer and Reference Listing (15 points) Provide a listing of a minimum of 5 commercial and/or government accounts equal size or larger than Collier County who during the past three years of work demonstrate experience of similar size and scope to the scope described in this RFP. Collier County may select one or more contact names to serve as a reference for this scope of work. The services provided to these clients should have characteristics as similar as possible to those requested in this RFP. Information provided for each client shall include the following: • Client name, address and email address and telephone number. • Description of services provided. • Time period of the project or contract; briefly describe if project met or exceeded the schedule outlined • Client's contact reference name, email and current telephone number. • Dollar value of project; briefly describe if the completed project met, or came under budget. .A Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal. 5. Tab V, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 6. Tab VI, Required Form Submittals • Attachment 1: Vendor Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Form • Attachment 5: Immigration Affidavit Certification and company's E-Verify profile page or memorandum of understanding • Attachment 6: Affidavit for Claiming Status as a Local Business • Attachment 7: Insurance Requirements Oak RFP11-5606 Telecommunications Voice and Data Services" 7 Packet Page-1545- 9/10/2013 16.E.7. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E- Procurement website. For general questions, please call the referenced Purchasing Agent noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Purchasing Agent, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Purchasing Agent will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00PM, Naples local time, on or before December 2nd, 2010 to: Collier County Government Purchasing Department 3327 Tamiami Trl E Naples FL 34112 RFP11-5606 Telecommunications Voice and Data Services" 8 Packet Page-1546- 9/10/2013 16.E.7. Attn: Jack Curran Purchasing Agent The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Vendor's personnel or by the Vendor's outside carrier. However, the Purchasing/General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one(1) paper copy clearly labeled "Master," and seven (7) compact disks (CD's)with one complete copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope/CD. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180)days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings shall be open to the public and the Purchasing Agent shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings. 5. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Purchasing Agent will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee Amok RFP11-5606 Telecommunications Voice and Data Services" 9 Packet Page-1547- 9/10/2013 16.E.7. meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references to obtain, without limitation, ratings for the following performance indicators: • On a scale of 1-10, with 1 being very dissatisfied and ten exceeding your every expectation, how satisfied were you with the firm's performance? • What specifically did you like about their approach? • What do you believe were shortcomings or that they could have done better? • Did they meet your schedule requirements? • How were their communications?Were you always kept in the loop? • How responsive were they in addressing problems with the project? • How was the quality/experience/personality of their personnel? (Specifically the project manager?) • Would you use this firm again? • Additional comments A uniform sample of references will be checked for each Vendor. Vendors will be scored on a scale of 1 to 10, with 10 being the highest possible score. This score will also be used in determining the score to be given to the "past performance" evaluation factor for each proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Company Profile 25 Technical Approach 30 Cost of Solution 20 References 15 Local Vendor Preference 10 TOTAL 100 RFP11-5606 Telecommunications Voice and Data Services" 10 Packet Page-1548- 9/10/2013 16.E.7. Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial system)within the last five (5)years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. o RFP11-5606 Telecommunications Voice and Data Services" 11 Packet Page -1549- 9/10/2013 16.E.7. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates RFP11-5606 Telecommunications Voice and Data Services" 12 Packet Page-1550- 9/10/2013 16.E.7. 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of Ai 114, COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty (30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c)do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production RFP11-5606 Telecommunications Voice and Data Services" 13 Packet Page -1551- 9/10/2013 16.E.7. If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida RFP11-5606 Telecommunications Voice and Data Services" 14 Packet Page -1552- 9/10/2013 16.E.7. b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and /or conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap delivery and will be deemed effective the Terris and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be RFP11-5606 Telecommunications Voice and Data Services" 15 Packet Page-1553- 9/10/2013 16.E.7. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. RFP11-5606 Telecommunications Voice and Data Services" 16 Packet Page-1554- 9/10/2013 16.E.7. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty(30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 80% or more of the solicitation amount for said work. 6. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 7. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 8. Payment Method Aott lok RFP11-5606 Telecommunications Voice and Data Services" 17 Packet Page-1555- 9/10/2013 16.E.7. Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trl E Ste 700 Naples FL 34112 Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in RFP11-5606 Telecommunications Voice and Data Services" 18 Packet Page-1556- 9/10/2013 16.E.7. compliance with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to Awok all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252- 2477. 11. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. RFP11-5606 Telecommunications Voice and Data Services" 19 Packet Page-1557- 9/10/2013 16.E.7. 12. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 13. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 14. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.orci/search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub-consultant. RFP11-5606 Telecommunications Voice and Data Services" 20 Packet Page-1558- 9/10/2013 16.E.7. 17. Protest Procedures Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5)days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. 18. Public Entity Crime 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 bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, 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 bids, 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 wok vendor list. 19. Security and Background Checks If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 20. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 21. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by RFP11-5606 Telecommunications Voice and Data Services" 21 Packet Page -1559- 9/10/2013 16.E.7. the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 22. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal shall be deemed non-responsive. Documentation of these requirements will not be accepted after the bid / proposal deadline date. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 23. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards RFP11-5606 Telecommunications Voice and Data Services' 22 Packet Page-1560- 9/10/2013 16.E.7. Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. RFP11-5606 Telecommunications Voice and Data Services" 23 Packet Page-1561- 9/10/2013 16.E.7. Co ier County Administrative services Division Purchasing Attachment 1: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trl E Naples FL 34112 Attn: Jack Curran, Purchasing Agent ❑ The mailing envelope must be sealed and marked with Solicitation RFP11-5606— "Telecommunications Voice and Data Services" and December 2nd, 2010. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP11-5606 Telecommunications Voice and Data Services" 24 Packet Page-1562- 9/10/2013 16.E.7. Co ler County Adrrunistrative Services Divisron Purchasing Attachment 2: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trl E, Naples, FL 34112. We are not responding to Solicitation RFP11-5606—"Telecommunications Voice and Data Services" for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: #. > ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP11-5606 Telecommunications Voice and Data Services" 25 Packet Page-1563- 9/10/2013 16.E.7. Coiker minty kiministrative Sentioss Division Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires RFP11-5606 Telecommunications Voice and Data Services" 26 Packet Page-1564- 9/10/2013 16.E.7. Cofffer County Adrinistiaitive Services Division.. Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: RFP11-5606—"Telecommunications Voice and Data Services" Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: RFP11-5606— "Telecommunications Voice and Data Services". (Proposal Continued on Next Page) RFP11-5606 Telecommunications Voice and Data Services" 27 Packet Page-1565- 9/10/2013 16.E.7. PROPOSAL CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Legal Name: Address: City, State,Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number Telephone: FAX: Check on of the following: ❑ Sole Proprietorship ❑ Corporation or P. A. State of ❑ Limited Partnership ❑ General Partnership Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email RFP11-5606 Telecommunications Voice and Data Services" 28 Packet Page-1566- 9/10/2013 16.E.7. Co e -County Al Ilk Aar/Inlet-awe Services Division on Purchasing Attachment 5: Immigration Affidavit Certification Solicitation: RFP11-5606—"Telecommunications Voice and Data Services" This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, shall deem the Vendor/Bidder's proposal as non-responsive. Documentation of these requirements will not be accepted after the bid/ proposal deadline date. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System Amok (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Amist RFP11-5606 Telecommunications Voice and Data Services" 29 Packet Page-1567- 9/10/2013 16.E.7. iCo ier County ft* Adminissabve Services Division Purchasing Attachment 6: Affidavit for Claiming Status as a Local Business Solicitation: RFP11-5606— "Telecommunications Voice and Data Services" (Check Appropriate Boxes Below) State of Florida(Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A"local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1)year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees (Including Owner(s)or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 . Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) Packet Page-1568- 9/10/2013 16.E.7. Cottrer County Administrative Services Division Purchasing Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1000000single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1000000single limit per occurrence ISO form 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑Automobile Liability $ 1000000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate RFP11-5606 Telecommunications Voice and Data Services" 31 Packet Page-1569- 9/10/2013 16.E.7. ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however,the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5)days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number RFP11-5606 Telecommunications Voice and Data Services" 32 Packet Page-1570- 9/10/2013 16.E.7. 12/13/2011 Item 16.E.2. EXECUTIVE SUMMARY Recommendation to award contracts under Request For Proposal #11-5606, "Telecommunications Voice and Data Services," to CenturyLink and US Metropolitan Telecom, LLC., at an estimated cost of $161,580 annually to provide voice and data communications services, resulting in a cost savings of$6,582. OBJECTIVE: To award contracts for the provision of telecommunications voice and data services to county facilities. CONSIDERATIONS: The Information Technology Department (ITD) provides and manages voice communication services to Board facilities and all county agencies with the exception of the Collier County Sheriff's Office. The Purchasing Department issued RFP #11-5606 on November 4. 2010. soliciting proposals for telecommunications services. Notices were ernai led to 250 firms and 89 packages were downloaded. On December 2, 2010, three compliant RFP responses were received from CenturyLink, Paetec, and US Metropolitan Telecom,LLC.(US Metro). Selection was based on the vendor's ability to deliver the required services at the required locations, to meet technical requirements. and pricing. A tabulation sheet is attached for review. Staff recommends awards to CenturyLink and US Metro. The current annual cost for telecommunications voice and data services being procured by the ITD is $168,162. Planned ITO expenditure under the new agreement is $161,580. This cost reflects only services managed by the ITD. Services procured directly from these vendors by Board departments and ottowo other Collier agencies will accrue additional savings as they are moved under the proposed contracts. These contracts anticipate the addition of services as new locations or increased levels of service are required. When incremental services are required, the vendor will be selected based on their ability to provide services at the required location. If both vendors can provide service to a given location the lowest cost vendor will be selected. FISCAL IMPACT: The annual amount of services to be procured in the base agreement and managed by the ITD is$161,580. Additional services will be procured under the agreement on an as needed basis. Funding for the provision of telecommunications services are available in departmental operating budgets. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorneys Office,is legally sufficient for Board action and only requires a majority vote for approval—SRT. RECOMMENDATION: That the Board of County Commissioners awards RFP #11-5606. "Telecommunications Voice and Data Services" to CenturyLink and US Metropolitan Telecom, LLC.. and authorizes the Chairman to execute the contracts. PREPARED BY: E. Michael Berrios,Information Technology Department Packet Page-2842- Packet Page-1571-