Collier County Sheriff s Office

Transcription

1 Collier County Sheriff s Office RFP # CELLULAR VOICE COMMUNICATIONS SERVICES August 12, 2011 CONTACT: MELISSA PEARSON, SR. BUYER JENNIFER ESPINOSA, BUYER II PURCHASING OFFICE MAIN: FAX: melissa.pearson@colliersheriff.org jennifer.espinosa@colliersheriff.org WEBSITE: PROPOSAL DUE DATE, TIME AND LOCATION: September 15, 2011 BY 4:00:00 P.M. EST Collier County Sheriff s Office Purchasing Office 2885 County Barn Road Naples, FL 34112

2 REQUEST FOR PROPOSAL COLLIER COUNTY SHERIFF S OFFICE PURCHASING OFFICE # CELLULAR VOICE COMMUNICATIONS SERVICES TABLE OF CONTENTS Legal Notice Advertisement I. Request for Proposal 1 II. Terms of Contract 1 III. Object of the Request 1 IV. Scheduling 1 V. Conduct of Proposer 1 2 VI. Response 2 VII. Evaluation 2 4 VIII. Proposer Qualification/Disqualification 4 5 IX. Award of Contract 5 6 X. Protest of Award 6 XI. Format of Proposal 6 7 XII. Liabilities 7 9 XIII. Scope of Work 9 11 XIV. Adjustments, Modifications, and Amendments XV. Termination of Contract 12 XVI. Reimbursement Criteria 13

3 LEGAL NOTICE Collier County Sheriff s Office RFP # Cellular Voice Communications Services Proposals for Cellular Voice Communications Services will be received by the Collier County Sheriff s Office and must be delivered to the Purchasing Office at 2885 County Barn Road, Naples, FL by 4:00 P.M. EST on September 15, All late proposal submissions will not be considered. The purpose of this request is to seek a qualified cellular voice service provider for the provision of Cellular Voice Communications Services to include cellular phones, PDA/smart phones, bi amps for selected buildings, accessories, maintenance, data plan and air time. The RFP will be available online at and hardcopies can be obtained at the CCSO Purchasing Office. SCHEDULE OF EVENTS A. Electronically posted (CCSO website) August 12, 2011 B. Proposals due September 15, 2011 C. Opening of Proposals September 16, 2011 D. Review of Proposals September 19, 2011 (begin) E. Review of Proposals September 30, 2011 (end) F. Oral Presentations (if needed) October 12, 2011 G. Award of Contract October 28, 2011 H. Start of Contract December 1, 2011 I. Issuance of Phones (week of) December 12, 2011 J. Start of Service January 1, 2012 Point Of Contact(s) All inquiries pertaining to this request must be directed to: Melissa Pearson, Sr. Buyer Jennifer Espinosa, Buyer II Main Line: 239/ melissa.pearson@colliersheriff.org jennifer.espinosa@colliersheriff.org The Collier County Sheriff s Office does not discriminate on the basis of race, color, sex, religion, age, national origin, or disability. KEVIN J. RAMBOSK, SHERIFF COLLIER COUNTY, FLORIDA by: Michael Rice, Purchasing Manager

4 I. REQUEST FOR PROPOSAL The Collier County Sheriff's Office is accepting proposals through September 15, 2011 for the provision of Cellular Voice Communications Services to include cellular phones, PDA /smart phones (3G Network or greater), bi amps for selected buildings, accessories, maintenance, data plan and air time. Expenditures on the current contract for this service for the last twelve (12) months were $395,000+. II. TERMS OF CONTRACT A. The contract awarded under this request will begin on January 1, 2012 and end on September 30, 2015 with the option to renew for up to two (2) additional one (1) year terms with the mutual agreement of both parties. B. Funding is dependent upon appropriations by the Collier County Board of Commissioners for the fiscal year 2012 (Oct. 1, 2011 through Sep. 30, 2012) and each successive fiscal year for which the contract is in effect. III. OBJECTS OF THE REQUEST A. The collection of information from qualified Proposers for the fair and objective evaluation of prepared proposals for Cellular Voice Communications Services. B. To provide a fully responsive contract for the provision of Cellular Voice Communications Services between the Collier County Sheriff's Office and a qualified vendor. 1. The ability to provide a cellular voice communications system that meets or surpasses the requirements of the Collier County Sheriff's Office in providing the required coverage, equipment and service. 2. Operation of a cellular voice communications service network that provides high quality and dependable equipment and utilizes professionally trained support personnel. 3. Providing and operating a transmitting system that will provide the needed area coverage for the Collier County Sheriff's Office. IV. SCHEDULING A. Electronically posted August 12, 2011 B. Proposals Due September 15, 2011 C. Opening of Proposals September 16, 2011 D. Review of Proposals September 19, 2011 (begin) E. Review of Proposals September 30, 2011 (end) F. Oral Presentations (if needed) October 12, 2011 G. Award of Contract October 28, 2011 H. Start of Contract December 1, 2011 I. Issuance of Phones (week of) December 12, 2011 J. Start of Service January 1, 2012 V. CONDUCT OF PROPOSER Proposers are not to contact or lobby any Collier County Sheriff s Office members related to or involved with this Request for Proposal. All oral and/or written inquiries are to be directed to the Purchasing Office P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 1 of 13

5 as instructed herein. Any violation of this condition may result in rejection and/or disqualification of the proposer. VI. RESPONSE A. Any Proposer failing to respond in the following manner will be declared non responsive: 1. Proposer will provide a technical proposal, in English, clearly responding to all specifications, requirements, criteria and questions outlined in this Request for Proposal. All proposals submitted must be valid for a minimum of ninety (90) calendar days from the date of submittal. 2. Proposer will submit one complete and one electronic version in PDF Format of the Price Proposal in a sealed opaque envelope separate from the Technical Proposal and clearly marked Price Proposal to this request. The Price Proposal will list all the services proposed and their corresponding prices and clearly illustrates the cost of options or alternatives that the Proposer proposes, and outlines any departure from this request. 3. Proposer will submit a complete original, four (4) exact copies and one electronic version in PDF Format of the Technical Proposal in separate sealed opaque envelopes and marked Technical Proposal to this request. 4. All proposals must be received in the Purchasing Office of the Collier County Sheriff's Office, 2885 County Barn Road, Naples, Florida, by 4:00 PM EST on September 15, Technical proposals will be opened and the responding Bidders revealed at a public meeting held on September 16, 2011 at 10:00 AM EST in the conference room at the Purchasing Office. B. Proposers taking exception to any part or section of this Request for Proposal shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS". Failure to indicate any exceptions shall be interpreted as the proposer s intent to fully comply with the specifications as written. VII. EVALUATION A. A proposal evaluation committee will be formed by the Purchasing Office consisting of the following members or their designees: 1. The Communications Captain 2. The Communications Commander 3. The Communications Technical Manager 4. The Finance Director 5. A Representative from the Legal Bureau (Contract Review) 6. A Representative from the Purchasing Office (Price Schedule) B. Areas of evaluation will include but not be limited to the following: 1. Vendor Capabilities and Experience (35 points). To include the Proposer s qualifications, time in business, experience with governmental accounts, infrastructure available, broadcast coverage, number of technical support personnel in Collier County, and ability to meet the timetable in this request. P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 2 of 13

6 2. Detailed Plan Proposed (50 points). Responses to specific points in the Scope of Work, assets committed to the provision of services to CCSO, type of equipment offered, warranties offered for both parts and labor, repair/replacement methodology and procedures, activation procedures proposed, consumer service availability, disaster recovery plan proposed, push to talk capabilities and availability 3. Proposed Pricing Schedule (100 points). To be scored by Purchasing. The lowest priced proposal will receive the full 100 points with all other proposals receiving the corresponding number of points based upon their percentage difference from the lowest priced proposal. 4. Response from References (15 points). To be scored by Purchasing. 5. If Oral Presentations are required they will be scored according to the following guidelines: a. Quality of Presentation (25 points). b. Plan Proposed and the Plan s ability to meet the requirements set forth in this Request (50 Points). To include cell phones, (3G Network or greater), and bi amps proposed, their functionality, features, and degree of user friendliness. Availability of retail service stores in Collier County and the manner in which they will accomplish the requirements in this request. Cell Phone issuance plan and the number of personnel being made available by Proposer to effectively accomplish the plan. The ability of the Proposer to meet the schedule contained in this request. c. Reliability of proposed system; provided redundancy; and disaster recovery procedures (25 points). C. Pricing should be separated into the following categories: 1. Cost of the proposed cellular phones (3G Network or greater) plus accessories (carrying case, home charger and car adapter). 2. Cost of any activation fees and/or monthly access fees. 3. Replacement cost for any cellular phone that is lost or damaged beyond repair (to include the cost of available insurance plans) 4. Air Time 5. Data Plan 6. Maintenance/Repair services. D. Prices quoted shall prevail for the initial term of the contract, at which time the Sheriff shall have the option to renew for up to two (2) additional one (1) year terms, provided the Successful Proposer will maintain the same prices, terms and conditions as in the current contract. P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 3 of 13

7 Continuation of the contract beyond the initial term is the Sheriff's prerogative and not a right of the Successful Proposer. This prerogative will be exercised only when such continuation is clearly in the best interests of the Sheriff and the citizens of Collier County. VIII. PROPOSER QUALIFICATION/DISQUALIFICATION A. Qualifications of the Proposer: 1. In accordance with Section (3) (a), Florida Statutes, prospective proposers must complete the attached Sworn Statement Pursuant to Section (3) (a), Florida Statutes, On Public Entity Crimes concerning convictions of the Bidder for public entity crimes and return it with their proposals. 2. Proposer must certify at the time of submission that they have an infrastructure in place capable of providing cellular voice communications services to a minimum of 95% coverage of both Collier and Lee Counties. 3. Proposer must have been successfully supplying cellular voice communications services and data transmission services to governmental ag en ci es with over 500 cellular telephones for a minimum of three (3) years. 4. Proposer must be capable of transferring existing CCSO cellular phone numbers to their equipment if the new contract is awarded to any company other than the existing cellular provider. 5. Proposer s system must have a push to talk capability available in both Lee and Collier Counties. 6. Proposer must have a PDA/smart phone device that is internet capable available for use with their system. The device must be push to talk capable. 7. The Proposer must have a proven ability for contract start up within the time frame outlined in this request. 8. The Proposer must maintain multiple local sales/service stores in Collier County capable of supplying warranty services in support of the awarded contract. 9. Proposer must supply as references the names, addresses, telephone numbers, addresses and contact names of three (3) governmental organizations (at least one law enforcement) where similar services are being provided. 10. Proposer must not employ unauthorized aliens in accordance with the provisions of Section 274A (e) of the Immigration and Nationality Act (8 U.S.C. 1324a). 11. In accordance with the provisions of Title VII of the 1968 Civil Rights Act as amended by the Equal Opportunity Act of 1972 and Executive Order 11914, the proposer in its employment practices will not discriminate on the basis of race, color, sex, religion, age, national origin or disability. B. Disqualification of Proposer: 1. Any of the following reasons may be considered as sufficient cause for the disqualification of a Proposer and the rejection of his/her proposal or proposals: P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 4 of 13

8 firm or corporation under the same or different name. a. More than one proposal for the same provision of services from an individual, b. Evidence that the Proposer has a financial interest in the form of another proposer for the provision of the same services. c. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for the provision of any services until such participant has been reinstated as a qualified proposer or a period of five (5) years whichever is longer. d. Default under a previous contract for the provision of services to the CCSO. 2. Failure of the proposer to disclose at the time of submission of his/her proposal that any member of the CCSO or an immediate family member of a member of the CCSO has more than a five percent (5%) interest in the submitted company. 3. Proposer has been debarred or suspended from participation in the State of Florida s term contract program or SPURS System. 4. Evidence that the proposer employs unauthorized aliens in violation of Section 274A (e) of the Immigration and Nationality Act (8 U.S.C. 1324a). 5. Evidence that the proposer discriminates in its employment practices in violation of Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 and Executive Order Failure of the proposer to follow the response outline noted in Section IX. Format of Proposal. IX. AWARD OF CONTRACT A. It is the desire of the Sheriff that all of the services in this request be provided by a single vendor. B. The award will be made to the lowest priced respondent whose proposal is determined to be the most professionally and technically responsive and demonstrates the best capability to fulfill the requirements as specified in the request and not necessarily to the lowest priced proposal. The selection process may include a request for additional information and/or an oral presentation of the proposal. The Sheriff s decision is final. C. The Sheriff reserves the right to reject any and all, or parts of any and all proposals; re advertise this request; postpone or cancel, at any time, this request for Proposal process; or waive any irregularities in this Request for Proposal or in the proposal(s) received as a result of this request. Also the determination or the criteria and process whereby proposals are evaluated, the decision as to who shall receive the contract award, or whether or not an award shall ever be made as a result of this request, shall be at the sole discretion of the Sheriff. D. If a sealed proposal contains information that the proposer does not wish disclosed to the public, or used for any purpose other than the evaluation of this offer; all such information must be submitted with indications on each page that the material is "Proprietary", "Confidential" or a "Trade Secret". All information contained in the proposal will remain confidential throughout the evaluation process. However, in accordance with Chapter 119, Florida Statutes and other P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 5 of 13

9 pertinent laws of the State of Florida, once an award is made to a successful proposer, all information, in all received proposals will then become available for public review. E. Proposers shall provide any and all statements in their Sealed Proposals that they desire to be included in a final contract for equipment and services. Exceptions to any terms and conditions may be made and will be subject to negotiation. However, the inability to contractually guarantee any statement or specification may result in future elimination. X. PROTEST OF AWARD If, following the announcement of the award of the contract from this request, an Unsuccessful Bidder wishes to challenge that award, they must do so in writing, within ten (10) working days following the date of the award announcement. The Unsuccessful Bidder in their protest must enumerate those parts of the proposal and evaluation process they consider flawed or unfair and their reasons why. XI. FORMAT OF PROPOSAL Proposers must submit a proposal in a three ring binder in the following order/format. Each major heading must be identified by tab within the submitted proposal. It is mandatory that all proposals be presented in the following format. Failure to do so could result in the proposal being declared nonresponsive. Tab A. A transmittal letter addressed to Michael Rice, Purchasing Manager, providing the following information: 1. Name and address of bidder. 2. A name, title and phone number of the person who will be the contact for the bidder throughout the bidding process. 3. The typed name, signature and title of the person who is authorized to commit the bidder to this proposal and any future contracts. 4. A statement that the proposal is indeed in response to the Request for Proposal. Tab B. Tab C. Tab D. Tab E. Tab F. A brief description and history of the company offering the proposal including its current management and the personnel who will be assigned to this project. The Technical Proposal (one original, four copies and one electronic version in PDF Format) responding to all points listed in the Scope of Work. Statement certifying that the Proposer has sufficient infrastructure in place to provide voice, data and push to talk coverage to 95% of the land area in both Collier and Lee Counties. Infrastructure and coverage maps must be included to support the certification. The Price Proposal (one original and one electronic version in PDF Format) to be submitted in a separate opaque sealed envelope from the Technical Proposal. A listing of all "Exceptions to Specifications". The bidder must include alternative proposals to all exceptions noted. Failure to note any exceptions will signify the Proposer s agreement to comply with this request as written. P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 6 of 13

10 Tab G. Tab H. Tab I. Tab J. Tab K. A listing of three governmental agencies (at least one law enforcement) in the State of Florida where the Bidder is currently providing cellular phone services to 500 or more cellular phones as references. A Certificate of Insurance for all coverage s required by this request or a statement that all policies are in force or will be in force within ten (10) working days following the award of the contract and a Certificate of Insurance will be presented to the Purchasing Office at that time. Statement certifying that in accordance with the provisions of Title VII of the 1968 Civil Rights Act as amended by the Equal Opportunity Act of 1972 and Executive Order 11914, the proposer does not discriminate on the basis of race, color, sex, religion, national origin or disability in its employment practices. Statement certifying that the Proposer does not employ unauthorized aliens in accordance with the provisions of Section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324a). The completed Public Entity Crime Form (Sworn Statement). XII. LIABILITIES A. Definitions: For the purpose of this article only, the following terms have the meaning indicated. 1. CCSO means the Collier County Sheriff's Office, its jail centers, its divisions, substations, agencies, officials, officers and employees. 2. Successful Proposer means the contractor awarded the Cellular Voice Communications System contract, its officers, agents, representatives, and employees. B. Indemnification: The Successful Proposer shall indemnify the CCSO against liability for any suits, actions, or claims of any character arising from or relating to the Successful Proposer's performance under the awarded contract. 1. The CCSO has no obligation to provide legal counsel or legal defense to the Successful Proposer in the event that a suit, claim, or action of any character is brought by any person not party to the awarded contract against the Successful Proposer as a result of or relating to the Successful Proposer's obligations under the contract. 2. The CCSO has no obligation for the payment of any judgment or the settlement of any claims made against the Successful Proposer as a result of or relating to the Successful Proposer's obligations under the awarded contract. 3. The Successful Proposer will give immediate notice to the Sheriff or his designated representative of any claim or suit made or filed against the Successful Proposer or any matter pertaining to the awarded contract. The Successful Proposer will cooperate, assist and consult with the CCSO in any claim, suit or action made or filed against the CCSO or Collier County as a result of or relating to the Successful Proposer's obligations under the awarded contract. C. Insurance: The Successful Proposer shall, at its own expense, procure and maintain satisfactory public liability and casualty insurance to adequately protect itself and CCSO against any and all claims, suits or actions brought as a result of or relating to the Successful Proposer s obligations under the awarded contract. P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 7 of 13

11 The Successful Proposer shall provide a certificate of insurance indicating that the below listed minimum insurance requirements are in force. The certificate will clearly state that the insurer will mail notice to CCSO at least thirty (30) calendar days prior to any material changes in provisions or cancellation of the policy. The Successful Proposer will be solely responsible for the payment for the required insurance coverage and the payment of any said deductibles required by said policies. 1. Workers Compensation Insurance at statutory limits, including employer's liability coverage at minimum limits of per occurrence $100,000 each accident, $100,000 by disease per occurrence and aggregate by disease of $500, Commercial automobile liability insurance at minimum combined single limits of $500,000 per occurrence for bodily injury and property damage, including owned, nonowned and hired car coverage. 3. General liability insurance covering all employees with minimum limits of $1,000,000 per occurrence and $2,000,000 in aggregate annually. 4. The Successful Proposer will be solely responsible for the payment for required insurance coverage and the payment of any deductibles required by said policies. 5. Any cancellation, reduction in value or lapse of insurance coverage will be considered a material breech of the awarded contract. D. OSHA Compliance: The Successful Proposer expressly agrees that it shall be solely responsible for supervising its employees, that it shall comply with all rules, regulations, orders, standards and interpretations promulgated pursuant to the OSHA Act of 1970, including but not limited to, training, recordkeeping, providing personal protective equipment, lockout/tag out procedures, material safety data sheets and labeling as required by the Right To Know Standards, 29 CFR E. Independent Contractor: The CCSO will expressly acknowledge that the Successful Proposer is an independent contractor, and nothing in their Agreement is intended nor shall it be construed to create an agency relationship, and employer/employee relationship, a joint venture relationship, or any other relationship allowing CCSO to exercise control or discretion over the manner or method by which the Successful Proposer performs their obligations under their Agreement. F. Litigation Costs: All of the Successful Proposer's litigation costs including reasonable attorney fees, arising from disputes under the awarded contract will be paid by the Successful Bidder. G. Venue: The CCSO and the Successful Proposer will agree that the awarded contract will be a Florida contract to be performed in Florida, and further that any litigation arising there under shall be brought and completed in Collier County, Florida and other pertinent Florida courts, and further that neither party will seek to remove such litigation from Circuit Courts or Appellate Courts of the State of Florida by application of conflict of laws or any other removal process to any court not in the State of Florida. H. Assignment: The awarded contract shall not be transferable by the Successful Proposer in whole or part without the expressed written consent of CCSO. I. Disclaimer: Due care and diligence has been exercised in the preparation of this Request for Proposal, and all information contained herein is believed to be substantially correct. However, the responsibility for determining the full extent of the cellular telephone services required and the administrative responsibilities involved rest solely with those making proposals. Neither the P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 8 of 13

12 CCSO nor its representatives shall be responsible for any error or omission in this request, nor for the failure on the part of the proposer to determine the full extent of the exposure. XIII. SCOPE OF WORK A) The Successful Proposer will be expected to meet the following specifications and requirements. The listing is intended to be a guideline and should not be considered as all inclusive. The awarded contract will include the responsibility for the delivery of cellular phones and PDA/smart phones (3G Network or greater) equipped as specified by the manufacturer of the model proposed for the term of the awarded contract. The cellular phones and PDA/smart phones (3G Network or greater) that must be capable of receiving text messages from the CCSO text messaging system (EMERGIN). The PDA/smart phones (3G Network or greater) will have the ability to actively sync with the CCSO system exchange active sync with VPN (ex. Android 2.2). B) Currently the CCSO uses Nextel model i560 along with AdvanceTec model AT3054 which is wired into an Exacom instant recording device at each dispatch radio console (12) in the center. As part of the proposal, the proposer must provide a no cost solution to replace these devices used to provide emergency backup communications in case of radio failure. C) As a part of their proposal, the Proposer must submit an Emergency Recovery Plan for times of natural disaster that identifies the time frames for systems restoration. The Proposer must also submit a detailed description of a backup listing of resources available to Collier County for emergency communications (COWS, COLT, cache), and the procedures to obtain such resources. D) The Proposer must supply an infrastructure map for Lee and Collier Counties showing all current cell towers and those proposed to come on line through the end of 2012 as well as a corresponding service area coverage map with their proposal. E) The Proposer will be required to submit a written proposal and, if necessary, discuss said proposal at an oral presentation according to the schedule in Section III of this request. The Proposer will need to be prepared to answer questions concerning their proposal submitted from the Evaluation Committee. F) The Successful Proposer will provide comprehensive services that are legally defensive and which meet all Florida and Federal Statutes. G) Cellular Voice Communications Services will include the following: 1. The provision of approximately 950 cellular phones and 90 PDA/smart phones with 3G Network or greater, all with push to talk capability as well as vehicle charger, home charger and carrying case (holster). The Proposer will also provide a cost for the following: a. Replacement cellular phones or PDA/smart phone devices (or the monthly cost for replacement insurance) b. Cost for standard accessories such as vehicle charger and carrying case. c. Blue Tooth ear pieces. P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 9 of 13

13 2. The provision of a cellular voice communications rate plan that includes the below listed calling features. a. Standard airtime minutes. b. Unlimited Night and weekend minutes c. Unlimited Push to talk minutes d. Unlimited long distance. e. Internet Access e. Caller ID f. Text messaging. g. Call forwarding. h. Voic . i. Three way calling. j. Unlimited minutes between other cell phone providers k. Pooling anytime minutes l. Data Plan 3. Proposer will identify if the push to talk capability is for local service, national service or both and the price differences for each. 4. The Proposer will identify the cost difference between nation wide long distance service and state wide long distance. 5. The Proposer will further identify the cost differences between various levels of: a. Internet access including unlimited b. The cost differences between various levels of text messaging including unlimited data transmissions plans up to unlimited c. The cost of different levels of standard airtime minutes starting at 400 minutes and up to and including unlimited and the pooling of minutes. 6. Plan will allow CCSO to add new numbers at any as necessary at the same rate as the existing numbers. 7. The Successful Bidder will provide cellular voice communications devices with the following additional features: a. Internet Access for PDA/smart phone devices (3G Network or greater) b. Talk around c. Blue Tooth 8. The Successful Proposer will transfer existing CCSO cellular phone numbers to the new cellular phones and PDA/smart phone devices proposed at the time of activation at no cost for the transfer service or the devices. 9. The Successful Proposer will provide trained personnel to activate and distribute all new cellular phones and smart phone or blackberry like devices on site at CCSO per the schedule shown in Section III of this request. If the Proposer cannot meet the schedule due to such activities as the time required to transfer telephone numbers then the proposer must submit a schedule they can support as an Exception to the Specification. 10. The Successful Proposer will designate multiple sales/service stores in Collier County to issue new and replacement cellular phones and the approved PDA/smart phone devices. P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 10 of 13

14 These stores shall provide warranty services and provide accessories at the price approved from this request whenever needed by a CCSO Deputy during normal business hours. This service must be rendered to the CCSO Deputy within thirty (30) minutes. 11. The cost of a repair/replacement insurance program, with no deductible, starting at the end of the manufacturer s warranty for the proposed equipment or the cost of an extended warranty, if appropriate. 12. The Successful Proposer will provide detailed billing for each CCSO cellular telephone number to include all outgoing and incoming calls, airtime minutes expended on each call and telephone number called. The billing must be submitted on both paper and CD (or other electronic method acceptable to CCSO). 13. The Successful Proposer will designate an individual account representative, as a single point of contact for CCSO, who possesses the authority to make decisions regarding services, equipment and all other aspects of the awarded contract. This representative must be available 24/ The Successful Bidder will provide a 24/7 telephone number and address to report system issues/trouble including an escalation procedure. 15. The Successful Bidder will install bi amps (repeater or signal booster, etc.) in the following CCSO facilities. The cost for this service will be included as a separate line item in the Proposer s Cost Proposal. a. Naples Jail Facility (3347 E. Tamiami Trail) b. Headquarters Building (3319 E. Tamiami Trail) c. Operations Building (2343 Horseshoe Drive) d. Emergency Service Center (8075 Lely Cultural Parkway) e. Special Operations Building (250 Patriot Way) XIV. ADJUSTMENTS, MODIFICATIONS, AND AMENDMENTS A. Should the CCSO and the Successful Proposer mutually agree to a change in the scope of the program during the contract term, a mutually agreed to price adjustment will be allowed. B. Changes in contractual provisions of services to be furnished under the contract may be made only in writing and must be approved mutually by an agent of the Successful Proposer and the CCSO. C. The Successful Proposer shall give full attention to the faithful execution of the contract, shall keep the contract under his control, and shall not by power of attorney or otherwise assign the contract to any other party without prior written approval of the Sheriff. D. If the work to be done under the awarded contract shall be abandoned or delayed by the Successful Proposer, or if at any time the Sheriff shall be of the opinion and shall so certify in writing that work has been abandoned or delayed by the Successful Proposer, the Sheriff may annul the contract or any part thereof if the Successful Proposer fails to resolve the matter within thirty (30) days of official notice. E. Should laws change requiring additional services or significant changes in costs, the Successful Proposer and the CCSO will negotiate an equitable price adjustment. P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 11 of 13

15 F. During the term of the awarded contract, the Successful Proposer will furnish all of the services specified in the Request for Proposal. The Successful Proposer understands and agrees that the awarded contract is a requirements contract and the CCSO will have no responsibility or obligation to the Successful Proposer in providing contractor's services. G. All notices and requests by the CCSO or the Successful Proposer shall be in writing and shall be delivered by certified mail, return receipt requested, to the correct address of the parties to the contract. Either party may change its address by giving notice of the new address to the other party. XV. TERMINATION OF CONTRACT A. Unless otherwise mutually agreed by both parties, the awarded contract shall be terminated on September 30, 2015 or the last day of the fiscal year for which appropriations were received. B. Termination for Cause: The CCSO may terminate the awarded contract at any time that the Successful Proposer fails to carry out its provisions or to make substantial progress under the terms specified in the contract. 1. The CCSO shall provide the Successful Proposer with thirty (30) days notice of conditions endangering performance. If after such notice the Successful Proposer fails to remedy the condition contained in the notice, the CCSO shall issue an order to stop work immediately. 2. The CCSO shall be obligated to reimburse the Successful Proposer only for those services rendered prior to the date of notice of termination, less any liquidation damages that may be assessed for non performance. C. With the mutual agreement of both parties upon receipt and acceptance of not less than thirty (30) days written notice, the contract may be terminated on an agreed date prior to the end of the contract period without penalty to either party. D. Termination for Special Situations: Either party may terminate the awarded contract immediately following thirty (30) calendar days written notification to the other documenting the occurrence of any of the following: 1. Failure of the Collier County Board of Commissioners to authorize or appropriate funds sufficient for the Sheriff to meet his obligations under the awarded contract. 2. In the event there is a change in the Office of Sheriff due to an election, resignation or death and the Sheriff elect make the decision not to continue the awarded contract. 3. The Successful Proposer or any of its principals are debarred, suspended, proposed for debarment or declared ineligible to participate in the State of Florida SPURS System under the provisions of Section (3)(a), Florida Statutes or pursuant to Rule 60A F.A.C. 4. Insolvency, bankruptcy or receivership of the Successful Proposer. P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 12 of 13

16 XVI. REIMBURSEMENT CRITERIA The Successful Proposer will invoice CCSO within ten (10) working days following the last day of the month for which charges were incurred. CCSO will pay the invoice within ten (10) working days following the date of receipt of the invoice. P:\RFP\FY 11\ CELLULAR VOICE SVCS\RFP\CellularPhoneService.doc Page 13 of 13

17 PUBLIC ENTITY CRIME FORM SWORN STATEMENT PURSUANT TO SECTION (3)(a), FLORIDA STATUTES, ON ENTITY CRIMES 1. This sworn statement is submitted to (print name of the public entity) by (print individual's name and title) for (print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph (1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. c. I understand that a "person" as defined in Paragraph (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact Page 1 of 2

18 business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. d. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THOROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION , FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (signature) Sworn to an subscribed before me this day of, 19 Personally known OR produced identification (Type of identification) Notary Public State of My commission expires (Printed typed or stamped commissioned name of notary public) H://PR\MAST_DOC_Uniform Contract Vol I\SwornStmt.on PublicEntityCrimesFloridaStatutes (3)(a) (09/02/03) Page 2 of 2