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6To: From: Date: Backgrouud: Cost: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Miami bOd ~rnp 2001 The Honorable Mayor & Members of the City Commission Hector,Mirabile, Ph.D., City Manage/ff L. October 18, 2011 Agenda Item NO.J.e;. 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 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 Miami will be able to increase the current 1.5 mb to J 0 mb; a 6.6 fold improvement in speed. The additional bandwidth will provide faster and more effective internet access. The city received three quotes for this service which were reviewed by the IT Department. Windstream -monthly service change of Level (3) Communications -monthly service change of Qwest -monthly service charge of Wind stream is the lowest responsive quote. $ 875.02 monthly; with a yearly cost of$ 10,500.24 $875.02 $1,284.37 $1,271.00 Funding Source: 001-1340-513-4634 Maintenance -Internet Service with a CUlTent balance of $ 22,875.00. Backup Documentation: o Quote from Windstream o Quote from Level(3) Communications o Quote from Qwest 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO.: _______ _ A resolution authorizing the City Manage!' to execute a three (3) year contract agreement with Windstream with a monthly service charge of $ 875.02 WHEREAS, the City of South Miami ueeds 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 Level (3) Communications with a monthly service charge of Qwest with a monthly service charge of $875.02 $1,284.37 $ 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 _day of ___ ,,20ll. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: windstream. connecting business to business Customer Name Install Street Address CITY OF SOUTH MIAMI (INTERNET) 6130 SW 72ND ST Main Telephone Number (305)663-6343 Contact Name Account Representative Dealer Name Bandwidth Alfredo Riverol Robert Rodier B & D Telecom Inc Super A Transport MetroE (Internet Only) Total Services Bandwidth Data Features Data Equipment Maintenance Block of 8 IPs Total Features Total Other Charges (Non-Recurring) Total Monthly Recurring Charges Total Non-Recurring Charges EAN City, State, Zip Market ProposallD Proposal Type Term 10Mbps 1 1 1 4313870 SOUTH MIAMI, Florida, 33143-0000 MIAMI 1689848 New 3 Years $875.00 $10.95 $8.00 $856.07 $10.95 $8.00 $18.95 $.00 $875.02 $.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 received by Customer at the service location listed on this Proposal, this Proposal supersedes the existing Proposal or Service Schedule related to the 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, VolP and Data, Managed Security or Managed Router, and unless a Proposal provides otherwise, fifty percent (50%) of Customer's non-recurring costs ("NRCs") shall be paid by Customer on the Effective Date, 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 Sap 2011 09:41 ;14 ET Authorized Customer Initial __ Page: 1 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 Windstream MPLS, but real time quality of service is not available. Service is for backup purposes only. Authorized Windstream Representative Name Authorized Windstream Representative Signature ____________ _ Date ________ _ Authorized Customer Name Authorized Customer Signature Date _________ _ 21 Sep 2011 09:41 :14 ET Page: 2 Company Name Street Address Suite Number City, State Zip Code Contact Name Contact Phone Contact E~Maii I Order Totals DOC#: DOC1240058348 Level(3) Communications City of South Miami 6130 SUNSET DR Sales Executive Phone SOUTH MIAMI, FL E-Mail 33143 Paul Riverol Contract Length {yrs} 305-301-4667 support@telephonypartners,com RFQ#: 7835053646 1025 Eldorado Blvd., Broomfield, CO 80021 Operations Support 813-769-4690 support@telephonypartners.com 3 0.001 Doc Created: 2011-10-0412:07:41 Page 1 of2 TERMS 1, This document is confidential and may not be disclosed to third parties; 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 conlingent on Service availability (as determined by Level 3). This Order supersedes any prior Order from Level 3 for the SeIVice set forth herein. Services may be provided by Level 3 or a Level 3 affiliate. Pricing fOf off·nel Service is subject \0 change by Level 3. Any local access pricing in the United States based on NPAlNXX 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 Leve! 3) and off·net demarcation points shall be as determined by Level 3 consistent with the applicable Service Schedule. 4. Customer may order the Service stated herein by signing or otherwise acknowledging (in a manner acceptable to Level 3) this Order and returning it to Leve! 3, at which Hme this Order shall become a Customer Order. The Service identified in this Customer Order shall be governed by and subject to the Master Service Agreement(s) and Service Schedule(s) (if any) between Level 3 and Customer (or its affillate if expressly provided for under such affiliate Master Service Agreement) applicable to such Service. If Customer has not executed a Master Services Agreement with Leve! 3 but has executed a services agreement with an affiliate of Level 3 (Affiliate Agreement), then the terms of the most recent such Affiliate Agreement shall apply (to the Service to the extent not inconsistent with this Customer Order) provided that in aU cases, the then current Leve! 3 Service Schedule applicable 10 the Services shall apply. In the event Ihat Level 3 and Customer have not executed a Masler Service Agreement and/or applicable Service Schedule(s) with respect to such Service and have not executed an Affma\e Agreement. then Level 3's standard Master Service Agreement/Service Schedule{s) (as of Ihe dale of this Customer Order) shall govern, a copy of which are available upon request. 5. Level 3 shall be bound by this Customer Order upon Level 3's delivery of the requested Service. Neither party sha!! be liable for any damages for lost profits, losl revenues, loss of goodwill. loss of anticipated savings. loss of data or cost of purchasing replacement service, or any indirect. incidental, special. consequential, exemplary or punitive damages arising out of the performance or failure \0 perform under this Customer Order. Customer's sole remedies for any outages, failures to deliver or defects in Service are contained in the Service Levels applicable to the affected Service. This Section 5 is binding on the parties notwithstanding SecHon 1 above. 6. All transport services ordered from Level 3 will be treated as interstate for regulatory purposes. Customer may certify transport service as being intrastate (for regulatory purposes only) by requesting that Level 3 designate them as such in this Order above, but only where the transport services are sold on a stand alone basis, the end points fOf the service are located in the same state and neither end pOint is a Level 3 provided lP port (Intrastate Services). Where CIJstomer requests that services be designated as Intrastate SeIVlces, Customer certifies to Level 3 that not more than 10% of Customer's traffic utilizing the Intrastate Services will be originated or terminated outside of the state in which the Intrastate Services are prOvided. Such election will apply prospectively only. and will apply to aUlntraslate SeIVices stated in this Order. 7. Charges for certain Services are subject to (a) a property tax surcharge of 4.0%, and (b) a cost recovery fee of 2.5% per month to reimburse Level 3 for various governmental taxes and surcharges. Such charges are subject to chango by Level 3 on written notice to Customer, and shall be applied regardless of whether Customer has dellvered a·valid sales tax exemption certificate. For Service ordered in the United States. the following expedite charges will be added to the NRC when the Customer's requested delivery date is inside Level 3's published standard interval duration (as stated in the Level 3 Customer Handbook. available from your account representative or via the Level 3 enabled portal) from the day of clean order receipt (as determined by Leve! 3): $750 per onnet OS1 and DS3 circuit $1500 per onnet EPL circuit $1500 per offne! OC-3 and OC·12 loop $1500 per onnet OC·3 and OC-12 loop $2500 per onnet wavelength circuit $3000 oer offne! OC-48 loop $3000 per onnet OC-48 $1000 per offnet OS1 and OS310op For expedited Service containing botl~ on-net and off-net components, separate expedite fees wi!! apply to each expedited component. Expedite charges do not apply to Service ordered in Europe. 8. In the event that Customer cancels Services prior \0 the end of the service term, or in the event that Level 3 cancels SeIVice as a result of Customer's breach. termination charges (as set forth in the applicable service) agreement shall apply. Unless otherwise agreed 10 in writing by the parties, CPE provided pursuant to this Customer Order shall remain the property of level 3. Notwithstanding the foregoing, to the extent tiUe to and license rights for any CPE hardware or software 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. slate 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 Ethemet access solutions. Level 3 Communications, LLC Department 182 Denver, CO 80291-0182 Federal Tax tD: Signature: Print Name: Date: DOC#: DOC1240058348 Level(3) Communications RFQ#: 7835053646 1025 Eldorado Blvd., Broomfield, CO 80021 Doc Created: 2011·10M 04 12:07:41 Page 2 of 2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami·Dade County, F!orida 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 flk/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 1010712011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-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 y&.f DCTOBER ,A.D. 20 (SEAL) v. PEREZ personally known to me B. THOMAS Commission II DD 937532 Expires November 2, 2013 fKllwM 'r1i!\l il\)), f'~ih !n~(lrMC~ $91).3&1,7019 Cityc~laJI~g,er(;to. ,,~x~.qt,l.t~ JI1~ , and . ~upport and attendance softWare \'-, ,~ ,,~~~!'~g:~:~~.~~[;,~;:;;:,81~'?~.~ p;;t~cit' the ·~:itY .c!er~(s~'9n~~.e:~t:' . :, .. T~E MIAMI HERALD ! MiamiHerald,com ~'_'~' ___ M_'~ ____ ~ r'~) TIlITaiIJllRi'fmilt1 ! i ~"". d ! ~ CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday. October 18. 2011. beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to sign a contract with Thomas F. Pepe, Esquire, to provide legal services as the City Attorney for the City of South Miami, to extend the notice of termination to six (6) months and to extend the term of his contract for an additional two (2) year term, A Resolution authorizing the City Manager to amend the City Manager's contract entered into with City of South Miami, deleting the provision granting the City an option to renew and increasing the existing three (3) term of the contract by an additional two (2) years. A Resolution authorizing the City Manager to execute a three (3) year contract agreement with Windstream with ,a monthly service charge of $875.02. A Resolution authorizing the City Managerto execute the Executime Purchase and Sale, Licensing and Support Agreements for the purchase of time and attendance software and hardware components. An Ordinance relating to the fee schedule; amending ordinance 04-11-2077 as amended by ordinances to increase some fees, adding new fees, and deleting some fees from the schedule. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. rl1dllim11ilitmtb@ saver Best local deals oPIO 90%011 daily in your inbox! Miamillerald.com/dealsaver I SUNDAY, OCTOBER 9, 2011 I 15Sl!