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Res No 179-11-13493RESOLUTION NO.: 1 7 9 -1 1 -1 3 4 9 3 A resolution authorizing the City Manager to execute a three (3) year contract agreement with Windstream with a monthly service charge of $ 875.02 WHEREAS, the City of South Miami needs additional bandwidth for the city to access the internet in a more effective manner; and WHEREAS, the city received three quotes for this service which were reviewed by the city's IT Department and the three vendors are; Windstream, Level (3) Communications, and Qwest. The three quotes received form the vendors are: Windstream with a monthly service charge of $875.02 Level (3) Communications with a monthly service charge of $1,284.37 Qwest with a monthly service charge of $ 1,271.00 The lowest responsive quote was received from Windstream; and WHEREAS, the City of South Miami wishes to enter into a three (3) year contract agreement with Windstsream; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to execute the contract agreement with Windstream for the purpose of providing additional bandwith for the city to access the internet in a more effective manner. Section 2: This resolution shall be effective immediately. Passed and Adopted this 18 day of Oetob t011. a ST: CLERK READ AND APP ' MW AS TO FORM LANGUAGE, VGALITY AND C1TYVATTO APPROVED: flkk , MAY Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea South Miami �'= lilt- A��xerisa eitr CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission From: Hector Mirabile, Ph.D., City Manager Date: october 18, 2011 Agenda Item Na.: Subject: A resolution authorizing the City Manager to execute a three (3) year contract agreement with Windstream with a monthly service charge of $ 875.02 Background: Due to the slow performance in the city's internet, it is necessary to increase the internet bandwith. By contracting with Windstream, the City of South Mia►ni will be able to increase the current 1.5 mb to 10 nib; a 6.6 fold improvement in speed. The additional bandwidth will provide faster and more effective interne access. The city received three quotes for this service which were reviewed by the IT Department. Windstream - monthly service change of $875.02 Level (3) Communications - monthly service change of $1,284.37 Qwest - monthly service charge of $1,271.00 Windstream is the lowest responsive quote. Cost: $ 875.02 monthly; with a yearly cost of $ 10,500.24 Funding Source: 001- 1340 -513 -4634 Maintenance — Internet Service with a current balance of $ 22,875.00. Backup Documentation: ❑ Quote from Windstream 0 Quote from Level(3) Communications © Quote from Qwest windstrean connecting bWne# to business Customer Name CITY OF SOUTH MIAMI EAN 4313870 (INTERNET) Install Street Address 6130 SW 72ND ST City, State, Li y p SOUTH MIAMI, Florida, 33143 -0000 Main Telephone Number (305)663 -6343 Market MIAMI Contact Name Alfredo Rlverol Proposal Ill 1688848 Account Representative Robert Rodler Proposal Type New Dealer Name B & D Telecom Inc Term 3 Years Super A • R Price U nit Total Price Adjusted Price Bandwidth 10Mbps — -� Transport MetroE (Internet Only) -- Total Services $875.00 $856.07 Jo0t](10d, Total Qty Bandwidth Data Features Data Equipment Maintenance 1 $10.95 $10.95 Block of 8 IPs 1 $8.00 $8.00 Total Features $18.95 1,01her barges Total Qty Price / /nit i'etal Price l djosted Pricy Total Other Charges (Non-Recurring) i3 Adjustod ' Total Monthly Recurring Charges $875.02 Total Non - Recurring Charges $.00 In the event Customer makes changes to Its services during the Initial term of agreement, Customer is responsible for maintaining a Minimum Monthly Commitment of 85% of the Total Monthly Recurring Charges. Minimum Monthly Commitment $743.77 If this Is a change or addition to Services currently recelved by Customer at the service location listed on this Proposal, this Proposal supersedes the existing Proposal or Service Schedule related to they location and the term sets forth herein Is coterminous with the existing Agreement's term. For existing customers, any rate or Product changes ( "Changes ") will be effective at the start of the next billing cycle after the Changes have been made, which could be at least two bill cycles from the date of this Proposal. In the event Customer's Services include fees associated with Installing enterprise data products, including but not limited to, Ethernet Internet Service, MPLS, Hosted VoIP, VoIP and Data, Managed Security or Managed Router, and unless a Proposal provides otherwise, fifty percent (50 %) of Customer's non - reclining costs ("NRCs ") shall be paid by Customer on the Effective [late, prior to Company starting any work to Install the Services. The remaining fifty percent (50 %) of the NRCs shall be paid upon receipt of the first Invoice after billing has started pursuant to this Section. Customer's NRCs, If any, will be identified In the Proposal. 21 Sep 201108:41:14 ET Authorized Customer Page: 1 i�40 -5��,- �k�3a- { ! r � �`!. }.S r`�Y'4�..� ~t �'T R ksN.'4P�.� ��. °w'j[p�gi ��• !� - �. N 1��; ,{ �' q 4�$ � �� �j"4.:•ra- .'- � +t�C� -J! Availability and speeds are not guaranteed and are affected by wireless signal strength. Maximum bandwidth for backup Is 2 Mb regardless of the amount of bandwidth a customer has. Customer may not remove the wireless card from the service address. Service can be used as a backup for Windstre$m MPLS, but real time quality of service Is not available. Service is for backup purposes only. Authorized Wlndstream Representative Name A I / Authorized Windstream Representative Signature � Date 10I ZI Authorized Customer Name , IPPAP Authorized Customer Signature Date _ -10 0� /f/ 21 Bap 201109 :41:14 ET Page: 2 Leve I (Sf COMMUNICATIONS Company Name City of South Miami Street Address' 6130 SUNSET DR Suite Number T City, State Zip Code Contact Name Contact Phone Contact E -Maif SOUTH MIAMI, FL 33143 v^ Paul Riverol 305 -301 -4667 support@telephonypartners.com Sales Executive Phone E -Mail Contract Length (yrs) Operations Support 813- 769 -4690 support@telephonypariners.com 6,1317 SUNSET DF2 $ 71JT : MIAMI FL`33 43 y t , r.ri , ate' .. , �.- n. ?.� . t� . y� • <.: _ 1 0.00 0.00 Dedicated Internet Port- 10Mb 1 0.00 0.00 Dedicated - rnet Port- 101VIb 2174.76 0.00 0.00 MR-FE(f 0)- ADTRAN3120 1 ini rni 101.50 uL3? r9 c'v'r _ � 1tp�'+?S�gL k MR- FC(10)- ADTRAN3120 4 0.0011 0.00 t. - ..;. »....-- ...•S!� -�i �- �flE_c,t'I lidC -" 5r Access Circuit FE 1 0.00 0.00 Dedicated Internet Port- 10Mb 1 0.00 0.00 m4 r?s'i 1 �x.N}2i�1j� 1284.37 2174.76 0.00 0.00 Access Circuit 7xDS -1 1 1154.16 1164.16 Dedicated Internet Port- 10.5Mb 1 1 807.10 807.10 Igo "win �wmmgsp�wffl_ MFt 7xt)S1- ADTRAN4305 1 213.50 213 5{S MR- 7xDS1- 1ADTRAN4305 S 1 0.00 j O.OU .._lktiY.} ". - w 'Cmr _�� - ..;. »....-- ...•S!� -�i �- �flE_c,t'I lidC -" 5r Access Circuit 7XDS -1 1 0.00 0.00 Dedicated Internet Port- 10.5Mb 1 0100 0.00 ., .: —�.- .• a - 2174.76 1 0.00 order Totals DOCM DOC1240058348 RFQ9: 7835053646 Doc Created: 2011 -10 -04 12:07:41 Level(3) Communications 1025 Eldorado Blvd., Broomfield, CO 80021 Page 1 of 2 UDY&WHI&IFOA (3) COMMUNICATIONS TERMS 1, This document is confitlential and may not be disclosed to third partlea; it Is non- binding unless it is executed by Customer and accepted by Level 3 as provided In Section 4 below, 2. The pricing stated herein is contingent on Service availability (as determined by Level 3). This Order supersedes any prior Order from Level 3 for the Service set forth herein, Services may be provided by Level 3 or a Level 3 affiliate. Pricing for off -not Service is subject to change by Level 3. Any local access pricing In the United Slates based on NPAINXX is Level 3's estimate of such pricing only. 3. The demarcation point for the Service shall be as stated herein, provided that if a generic demarcation point (such as a street address) is provided, the demarcation point for on net services shall be Level 3's Minimum Point of Entry at the staled demarcation point (as determined by Level 3) and off -eel demarcation points shall be as determined by Level 3 consistenl with the applicable Service Schedule. 4. Customer may order the Service slated herein bysignimg at otherwise aakuwwladgtng (In a manner acceptable to Level 3) this Order and returrdng it to Level 3, at which time this Order shall became a Cvvtomer Order. The Service identified in this Customer Order shall be governed by and subject to the Master ServiceAgmemenl(s) and Service Schedula(s) (ii any) bolwoen Lever 3 and Customer (or -its affiliate if expressly provided for under such affiliate Master Service Agreement) opplcabla to such Service, If Customer has not executed a Master Services Agreement with Level 3 but he$ ErAecuied a sorvkas agteemanl with an afrillale of Level 3 (Affiliate Agreement), then the terms of the most recent such Affdlafa Ayfreenienl shall apply (to the Services to the extent not inconslsfeni with this Customer Order) provided that In all cases, the then current Level 3 Service Schedule applicable to Ilia Services shall apply. In the event that Level 3 and Customer have not executed a Master Service Agreement and/or applicable Service Schedule(s) with respect to such Service aril have not executed an A8li1ale Agreement, then Levei 3"s standard Master Service Agreement/Service Schedule(s) (as of the date of this Customer Order) shall govern, a copy of which are available upon request. 5. Level 3 shratl he bound by this Customer Order upon Level 3'e, delivery of the requested Service. Neither party shall be liable for any damages for lost profits, lost revenues, loss of goodwill, lass rrf antkrlpstad savings, loss of data or costof purchasing rcpfaoemont service, or any indkrect, incidental, special, consequential, exemplary or punitive damages arls:ing curl or ilia performance or failure to perform under this Customer Order. Customer's sole mmodles for any outages, Wines to deliver or defects In Service are contained in the Service Levels applicable to Ilia affected Service. This Section 5 Is binding on the parties notwithstanding Section 1 above. 6. All transport services ordered from Leval 3 will be treated as Intersiafe for regulatory purposes. Customer may candy transport service as being intrastate (for regulatory purposes only) by requesting that Level 3 designate them as such in this Order above, hui only whero the transport sorvlses are sold or) a stand alone basis, the erns points for the service are located In the same slate, and neither end paint Is a Level $ provided IP port ( Intraslate Scrvitea), WYrew Customer requesla lhat services be designaled as intrastate Services, Cuskomar cer8rms to Level 3 that roll more than 10% of Customer's traffic utilising the Intrastate Services will be originated or terminated outside of the slate in which the Intrastate Services are provided. Such election will apply prospactively only, and will apply to all Intrastate Services slated In this Order. 7. Chargos far certain Services are subject 10 (a) a property tax surcharge of 4.0%, and (b) a cost recovery fee of 2.6% (ter month In reimburse Level 3 for various governmental texas and surcharges. Such nhargos aie subject to change by Level 3 on wrlUen notice to Customer, and shall be applied regardless of wholher Customer has delivered a -valid Dates lax exemption certificate, For Service adored In Ilse United States, the following expedite charges will be added to the NRC when the Customer's requested delivery dale is Inside Leval 3 "s purftied standard interval duralfon (as stated in the Level 3 Customer Handbook, available from your occounl representative or vie the Level 3 enabled panel) from the day of dean order receipt (as determined by Level 3); $750 per onnet D$1 and OS3 circuit $1500 per onnet OC -3 and OC -12 loop $3000 per onnel OC 48 $1500 par onnet EPL circuit $2500 per onnet wavelength circuit $1000 per offnet 051 and OS3loop $1500 per offnet OC -3 and OC -1Z loop $3000 oar offnet'OC -48 loop For expedited Service containing both on -net and off -net components, separate expedite fees will apply to each expedited component. Expedite charges do not apply to Service ordered in Europe. 8. In the event that Customer cancels Services prior to the end of the service term, or In the event that Level 3 cancels Service as a result of Customers breach, termination charges (as set forth in the applicable service) agreement shall apply. Unless otherwise agreed to In wrrtinq by the partteg, CPE provided pursuant to this Customer Order shall remain the property of Level 3. Nolwlthslanding the foregoing, to the extent title to and license rights for any CPE Itardware or aofEware is being transferred to Customer, such title and license rights, if any, will pass directly from a third - party supplier. Additional charges such as local, alete and federal taxes, and surcharges may apply. 9. Level (3) does not currently offer Jumbo Framing (MTU > 1522 bytes) for Level (3) Services with Off -Net Elhemet access solutions. Level 3 Communications, LLC Department 182 Denver, CO 80291 -0182 Federal Tax Ill_ Signature: Print Name: Date: DOCM DOC1240058348 RFQ #: 7635053646 Doc Created: 2011 -10 -04 12:07:411 Level(3) Communications 1025 Eldorado Blvd., Broomfield, CO 80021 Page 2 of 2 Miami 305663 1 OM ELA 4976 -10 Mbps Internet for SM $ 806,00 $ Q65,00 $ $ 1,271.00 $ Iq Dala Bundle Pro Includes Adlran Rouler TOTALS: $ 806.00 $ 405.00 $ $ 1,271.00 $ - Full NRC walver included he A ove prsctng Is from our IQ Di#a. ligpd.lRoPro. P.rpmofion which i1c u andard muter-andstar arr mai�itcnartce - -t us , - does not rcaquire apprnv;iE. #L lrricing issubject tr''change. - MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR OCTOBER 18, 2011 in the XXXX Court, was published in said newspaper in the Issues of 10/07/2011 Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miaml -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 07 day o CTO$E#d A.D. 2011 .1 (SEAL) V. PEREZ personally known to me B, THOMAS Ccmmie sinn # D 937532 i^rpir% November 2, 2013 hEily iarx��'rIWT*y rAlag(wmco800.3w•1019 61ir -,+�F ;5.1 A f; e�ofutitSll.aiit�firlrizlnti'ihe GrIY I.lanager.to sign a ccntract. yrrin'l'homag F. Pepe.- 'quire, to proufde.lcagal se oleos as tha Clty_l4tlotney ter the I'S I'S outh Min 01i, to exl net 1ho'ilolic cf twrriilrralton to:;�lx (6) � mouths j ast� -to eailr;i�' I lhi term of }tts . roptlrac' ffor ,.rnradddior4allwn(2)ycarterm q Re4k.,h[in fauthnrlang tho City Manager It amend lh{ Caty Manager's ;contract ei,terod auto �,wlth Gity: of Soulh M ami, deleting the yrovisiori granting itie'Gfly,.arti bpkton tp`ene + anal ` . increasing tli ©+exlstlrtg ,three •$3)' term of the cnntract my en adtt4tipnallNl9�?.),y(r7sjs; ; I . A �iesolutlanauthominy tfle C,I} Manager to exe4ute s.lttreo (3] yaar -0gnlract ag p4 rLlz)t,v it,:: ind stream with a , munthi sarvicPchargia;ef$13 0p A Re ofutkorl ;authori ltig the it Managsr,to ;eY05Nte Itte . .. } xecutirne . f'urcham� .and .dale,. Licensing and Support Rgrements ;Sal CYte pktyhasa of lirrfe and altandanetl softlrfare ar,,d hiardwdre com f ArtrDrdinancc# (el�Ei�t talthe fee schadute; amending ordinance +1 =1 i 2077 has gupended by orii riances to increase some fees, . adding na.'w fea�,� nll,deleting "sorrie fees Isom the sphedula. AL!_infQres)e�S parUs are i lted to attend an d Will be hlaratd Faiudtlar itifdiadt nfpleaseontactthe Clky Clerk s`O$iCe Vii, ,i Maria M. Menendez, CMC City CiarK .` � r4. pursuant to „i )olira Stataties 2i3(i.0105, the Clty hereby affvites the pui3Tic that if a,.porscrr leeldes to: appeal any decision -made by this Brdr ggettcy,ur Cpirtmiselara with respe6t 10 arry mttge cotlsldgfe at 4w$ ethg qkp, pftgg' e:;Qrshe will neett a'raiord vt bhp proceedings, and that.lor sueh`prtrp2,se, affi7cted person may need to ensure that a r,}erb�im, recoicl,ut;:tffa pj'pcodings is made which record flicludes the tes#tmony and eviderace;fapcn wh be based. iefi the appeal is to 11-3-16011768096K4 w' Ln Ln a E to O F- U O a d z v 4) C RM IL U) H ,D 2-8 O `? 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