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PSA with ISI Water CompanyDocusian Envelope ID:6786BDF B-2890--4092-B23F-332A455C26BD5 20 24-33164 Contract no.24-246.01 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH ANO ISi WATER COMPANY FOR REVENUE ENHANCEMENT STUDY FOR UTILITIES,PURSUANT TO RFQ-2024-246-WG I \I This Professional Services Agreement ("Agreement}is entered into this (Effective Date")between the CITY OF MIAMI BEACH,FLORIDA,a municipal corporation organized and existing under the laws of the State of Florida,having its principal offices al 1700 Convention Center Drive,Miami Beach,Florida,33139 (the "City"),ISI WATER COMPANY,a Texas Corporation,whose addross is 5215 Fidelity Stroot,Houston,TX 77029 (Contractor)(City and Contractor each a "Party and collectively,the "Parties"). SECTION 1 DEFINITIONS Account:is defined as a particular Utility Service of the City (including but not limited to Water, Wastewater,Stormwater).This definition includes all unauthorized taps discovered by Contractor that previously had not been given an Account number by the City Agreement:is defined as this Professional Services Agreement between the City and Contractor, including any exhibits and amendments thereto,and the Proposal Documents. Base Revenue:Is defined as the average of the monthly Account billings during the period of time,as agreed upon between the City and Contractor,when the Account experierced the problem,and which period of time immediately precedes the completion of the Work,for up to a twelve-month period.By way of example,and not limitation,if Contractor and City agree that a meter has been broken for a six-month period,resulting in consumption of zero usage during such six-month period,Ihe Base Revenue is zero,and shall not include in the Base Revenue average the preceding snx-month period during which time the meter operated properly. City:is defined in the preamble of this Agreement and includes its successors and assigns. City Manager is defined as the chief administrative officer of the City City Manager's Designee:is defined as the City staff member who is designated by the City Manager to administer this Agreement on behalf of the City.The City Manager's designee shall be the Public Works Interim Director or designee. Contractor:is defined in the preamble of this Agreement and includes its successors and assigns.For the purposes of this Agreement,Contractor shall be deemed to be an independent contractor,and not an agenl or employee of the City Docusign Envelope ID:67B6BDFB-289D-4 092-B23F-332A55C26BO5 Contract no.24-246-01 Contractor Share:is defined as the fee to be paid by the City to Contractor for performance of duties under this Agreement,computed in accordance with Section 4 hereof. Cost Savings:is defined as the revenue Share for Cost Savings/Avoidance/Efficiencies Realized by the City as a result of recommendations for Future Efficiencies. Customer Information System:(or "CIS")is defined as the system used by the City to bill and to account for customer activities. Documenting the Find:is defined as the notation by Contractor on the Research Report to the City or the approval of a submitted Formal Work Order. Fee:is defined as amount paid to Contractor as compensation for Services. Find:is defined as the discovery by Contractor of an Account condition,as the result of the Work, which causes a specific Utility Service to be improperly or inaccurately billed. Increased Revenue:is defined as the amount of monthly income received by the City on an Account,over and above the Base Revenue. Proposal Documents:is defined as the City of Miami Beach RFQ No.2024-246-WG for REVENUE ENHANCEMENT STUDY FOR UTILITIES,together with all amendments thereto, issued by the City in contemplation of this Agreement,RFQ,and Contractor's proposal in response thereto (Proposal),all of which are hereby incorporated and made a part hereof; provided,however,that in the event of an express conflict between the Proposal Documents and this Agreement,the following order of precedent shall prevail:this Agreement;the RFQ;the Proposal Research Report:is defined as the reports delivered to the City by Contractor pursuant to Exhibit "A"Scope of Services hereto. Risk Manager:is defined as the Risk Manager of the City,with offices at 1700 Convention Center Drive,Third Floor,Miami Beach,Florida 33139;telephone number (305)673-7000,Ext.6435; and fax number (305)673-7023. Services:is defined as all services,work and actions by Contractor performed or undertaken pursuant to the Agreement. Utility Service:is defined as the physical location of a City consumer,both known and unknown to the City,which utilizes services provided by the City. Work:is defined as all of Contractor efforts towards determining needed changes and recommending the corrective actions necessary in order for the specific Utility Service to be properly and accurately billed. Work Order:is defined to mean a certain standard document that defines relevant information about a City Account that the Contractor has evaluated and determined to be defective.A sample Work Order form is set forth in Exhibit "B"hereto. 2 Docusign Envelope ID:67B6BDFB-289D-4092-23F-332A455C26BD05 Contract no.24-246-01 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Contractor by the City,Contractor shall provide the work and Services described in Exhibit "A"hereto (the "Services"). Although Contractor may be provided with a schedule of the available hours to provide its services,the City shall not control nor have the right to control the hours of the services performed by Contractor;where the services are performed (although the City will provide Contractor with the appropriate location to perform the services,which may have access time limitations);when the services are performed,including how many days a week the services are performed;how the services are performed,or any other aspect of the actual manner and means of accomplishing the services provided.Notwithstanding the foregoing,all services provided by Contractor shall be performed in accordance with the terms and conditions set forth in Exhibit "A"and to the reasonable satisfaction of the City Manager.If there are any questions regarding the services to be performed,Contractor should contact the following person: Bradford Kaine,Interim Public Works Director Public Works Department 1700 Convention Center Drive Miami Beach,33139 bradfordkaine@miamibeachf]_gov 2.2 Contractor's Services and any deliverables incident thereto shall be completed in accordance with the Scope of Services attached hereto as Exhibit "A." SECTION 3 TERM The term of this Agreement (the "Term")shall commence upon execution of this Agreement by all Parties hereto and shall have an initial term of three (3)years with two (2)one-year renewal options,to be exercised at the City Manager's sole option and discretion,by providing Contractor with written notice of same no less than thirty (30)days prior to the expiration of the initial term. Notwithstanding the Term provided herein,Contractor shall adhere to the Scope of Services for completion and delivery of the Services,attached hereto as Exhibit "A." SECTION 4 FEES In consideration of the Services to be provided,Contractor shall be compensated as provided herein for services authorized by Work Order for a particular Project. 4.1 At the time of each Work Order delineating any findings submitted by the Contractor,the City and Contractor will determine the tasks,sub-tasks,and deliverables applicable to the Project based on the list of Services associated with each proposed Work Order.Contractor shall not commence any Services or Additional Services unless approved in writing by the City Manager's Designee. 3 Docusign Envelope ID:67B6BDFB-289D-4092-B23F-332A55C26BD5 Contract no.24-246-01 4.2 Any and all fees due to Contractor under this Agreement shall be payable solely from the funds collected pursuant to this Agreement.Contractor acknowledges and agrees that the City's liability for any and all payments hereunder shall be limited by this provision.No other funds are available,nor will they be appropriated for the purpose of this Agreement. 4.3 Payment for Services. A.If any Work performed by Contractor to an Account result in Increased Revenue to the City,Contractor shall be entitled to a Contractor Share for such Work equal to forty-five percent (45%)of all Increased Revenues (as defined in Definitions of this Agreement)for a term of thirty-six (36)months thereafter,referred to in the RFQ as the Contractor Revenue Share for the Revenue Enhancement Study/Recovery.The 36-month term may be suspended if an account problem persists which eliminates the applicable Increased Revenue.The City shall continue the applicable Increased Revenue following the remedy of an account problem. B.If any Work performed by the Contractor to an Account result in Cost Savings,Contractor shall be entitled to a contractor share for such Work equal to ten percent (10%)of all cost savings for a term of thirty-six (36)months thereafter. C.Documentation substantiating and calculating Increased Revenue and Cost Savings shall be reviewed and a determination made by the City within a reasonable timeframe of submission and thereafter processed for payment within the time frame stipulated by the City. If all of the data necessary to compute the Contractor Share is not provided by the City in time to make such payment when due,the City may approve a good faith estimate of such Increased Revenue and compute the Contractor Share accordingly.Adjustments to such Contractor Share shall be made on succeeding monthly payments after actual Increased Revenues are determined. D.Public Benefit.ISi will contribute an amount equal to½of 1%(.005%)of the Contractor's Share of Increased Revenue received by ISi under the Contract,to educational initiatives 501 (C)(3). 4.4 Early Payment Option. In the event that the City should desire,at its sole discretion,for any reason,to make payment of any and all fees due Contractor sooner than defined in Section 4,the City shall have the right to approve a calculation of any and all remaining fees based on a Work Order by Work Order payment average to date,multiplied by the remaining number of months,factored down by a "present value discount"using the prime interest rate in effect at the time of the early payment. Any such early payment pursuant to this Section shall constitute full consideration for all work performed pursuant to the applicable Work Order(s),and upon making such payment,neither Party shall have or owe any further obligation to the other Party with respect to the subj/Var Order. 4 Docusign Envelope ID:67B86BDFB-289D-4092-B23F-332A55C26BD5 Contract no.24-246-01 4.5 INVOICING Upon receipt of an acceptable and approved invoice,payment(s)shall be made within forty-five (45)days for that portion (or those portions)of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof)provided,and shall be submitted to the City at the following address: Accounts Payable:Payables@miamibeachfl.gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Contractor shall fail to fulfill in a timely manner,or otherwise violates,any of the covenants, Agreements,or stipulations material to this Agreement,the City,through its City Manager,shall thereupon have the right to terminate this Agreement for cause.Prior to exercising its option to terminate for cause,the City shall notify Contractor of its violation of the particular term(s)of this Agreement and shall grant ten (10)days to cure such default.If such default remains uncured after ten (10)days,the City may terminate this Agreement without further notice to Contractor. Upon termination,the City shall be fully discharged from any and all liabilities,duties,and terms arising out of,or by virtue of,this Agreement. Notwithstanding the above,Contractor shall not be relieved of liability to the City for damages sustained by the City by any breach of Agreement by the Contractor.The City,at its sole option and discretion,shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Contractor.The City shall be entitled to recover all costs of such actions,including reasonable attorneys'fees.In the event of any such termination for cause,each Party reserves all rights and remedies that may be available to that Party at law and in equity. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY The City may also,through its City Manager,and for its convenience and without cause,terminate this Agreement at any time during the term by giving written notice to Contractor of such termination;which shall become effective within thirty (30)days following receipt by Contractor of such notice.If the Agreement is terminated for convenience by the City,Contractor shall be paid for any services satisfactorily performed up to the date of termination;following which the City shall be discharged from any and all liabilities,duties,and terms arising out of,or by virtue of,this Agreement. The duties and obligations of the City to pay Contractor under the payment terms in Section 4 shall continue in full force and effect for any previously completed Work Orders approved by the City prior to termination and shall survive the completion of the operations period or termination of this Agreement,however brought about. 5 Docusign Envelope ID:67B6BDFB-289D-4092-B23F-332A55C26BD5 Contract no.24-246-01 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate this Agreement in the event Contractor is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event,the right and obligations for the Parties shall be the same as provided for in Section 5.2.ln the event of any termination for cause pursuant to this Section 5.3,each Party reserves all rights and remedies that may be available at law and in equity. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees,agents,and contractors,from and against any and all actions (whether at law or in equity),claims,liabilities,losses,and expenses,including,but not limited to,attorneys'fees and costs,for personal,economic or bodily injury,wrongful death,loss of or damage to property,which may arise or be alleged to have arisen from the negligent acts,errors,omissions or other wrongful conduct of Contractor,its officers,employees,agents,contractors,or any other person or entity acting under Contractor's control or supervision,in connection with,related to,or as a result of Contractor's performance of the Services pursuant to this Agreement.To that extent,the Contractor shall pay all such claims and losses and shall pay all such costs and judgments that may be issued from any lawsuit arising from such claims and losses and shall pay all costs and attorneys'fees expended by the City in the defense of such claims and losses,including appeals. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit Contractor 's responsibility to indemnify,keep,and save harmless and defend the City or its officers,employees,agents and instrumentalities as herein provided. The parties agree that one percent (1%)of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the City to the Contractor for the Contractor's indemnity agreement.The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURA NCE REQUIREMENTS The Contractor shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement.The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract,which could result in withholding of payments or termination of the Agreement. A.Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440,and Employer Liability Insurance for bodily injury or disease.Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during the performance of the Contract.The exempt Vendor shall also submit (i)a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional 6 Docusign Envelope ID:6786B8DFB-289D-4092-B23F-332A55C26BD5 Contract no.24-246-0 I employees during the term of this contract or (ii)a copy of a Certificate of Exemption. B.Commercial General Liability Insurance on an occurrence basis, including products and completed operations.property damage,bodily injury,and personal &advertising injury with limits no less than $1,000,000 per occurrence,and $2,000,000 general aggregate. C.Automobile Liability Insurance covering any automobile,if the vendor has no owned automobiles,then coverage for hired and non-owned automobiles,with a limit of no less than $1,000,000 combined per accident for bodily injury and property damage. 6.4 Additional Insured -City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation)arising out of work or operations performed on behalf of the Contractor including materials,parts,or equipment furnished in connection with such work or operations and automobiles owned,leased,hired or borrowed in the form of an endorsement to the Contractor's insurance. 6.5 Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be cancelled,except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation -Contractor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required.However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers -Insurance must be placed with insurers with a current AM. Best rating of A:VII or higher.If not rated,exceptions may be made for members of the Florida Insurance Funds (i.e.FWCIGA,FAJUA).Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage -Contractor shall furnish the City with original certificates and amendatory endorsements,or copies of the applicable insurance language,effecting coverage required by this contract.All certificates and endorsements are to be received and approved by the City before work commences.However,failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them.The City reserves the right to require complete,certified copies of all required insurance policies,including endorsements,required by these specifications,at any time. CERTIFICATE HOLDER ON ALL COi MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O.Box 947 Murrieta,CA 92564 7 Docusign Envelope ID:6786BDFB-2890-4092-B23F-332A55C26BD5 Contract no.24-246-01 Kindly submit all certificates of insurance,endorsements,exemption letters to our servicing agent, EXIGIS,at: Certificates-miamibeach@riskworks._com 6.9 Special Risks or Circumstances -The City of Miami Beach reserves the right to modify these requirements,including limits,based on the nature of the risk,prior experience,insurer, coverage,or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. SECTION 7 LITIGATION JURISDICTIONNENUE/JU RY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida.This Agreement shall be enforceable in Miami-Dade County,Florida,and if legal action is necessary by either Party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County,Florida.By entering into this Agreement,Contractor and the City expressly waive any rights either Party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action,for money damages due to an alleged breach by the City of this Agreement,so that its liability for any such breach never exceeds the sum of $10,000. Contractor hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City for any damage action for breach of contract to be limited to a maximum amount cf $10,000. Accordingly,and notwithstanding any other term or condition of this Agreement,Contractor hereby agrees that the City shall not be liable to Contractor for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non- performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability,as set forth in Section 768.28,Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS;COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein,Contractor shall exercise that degree of skill,care,efficiency and diligence normally exercised by reasonable 8 Docusign Envelope ID:67B6BDFB-289D-4092-B23F-332A455C26BD5 Contract no.24-246-01 persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services,Contractor shall comply with all applicable laws, ordinances,and regulations of the City,Miami-Dade County,the State of Florida,and the federal government,as applicable. 9.3 PATENT RIGHTS;COPYRIGHT;CONFIDENTIAL FINDINGS Any work product arising out of this Agreement,as well as all information specifications, processes,data and findings,are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Contractor ,without the prior written consent of the City Manager,excepting any information,records etc.which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports,documents,articles,devices,and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City,and shall not be subject to any application for copyright or patent by or on behalf of the Contractor or its employees or sub-contractors,without the prior written consent of the City Manager. SECTION 10 GENERA L PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Contractor,and at any time during normal business hours (i.e.9AM -5PM,Monday through Fridays,excluding nationally recognized holidays),and as often as the City Manager may,in his/her reasonable discretion and judgment,deem necessary,there shall be made available to the City Manager,and/or such representatives as the City Manager may deem to act on the City's behalf,to audit,examine,and/or inspect,any and all other documents and/or records relating to all matters covered by this Agreement. Contractor shall maintain any and all such records at its place of business at the address set forth in the "Notices"section of this Agreement. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A)Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may,on a random basis,perform reviews,audits, inspections and investigatons on all City contracts,throughout the duration of said contracts.This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B)The Office of the Inspector General is authorized to investigate City affairs and empowered to review past,present and proposed City programs,accounts,records, contracts and transactions.In addition,the Inspector General has the power to subpoena witnesses,administer oaths,require the production of witnesses and monitor City projects 9 D ocusign Envelope ID :6786 D FB-289D0-4 092-2 3F-332A55C 26BD 5 Contract no.24-246-01 and programs.Monitoring of an existing City project or program may include a report concerning whether the project is on time,within budget and in conformance with the contract documents and applicable law.The Inspector General shall have the power to audit,investigate,monitor,oversee,inspect and review operations,activities,performance and procurement process including but not limited to project design,bid specifications, (bid/proposal)submitlals,activities of the Contractor,its officers,agents and employees, lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption.Pursuant to Section 2-378 of the City Code,the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C)Upon ten (10)days written notice to the Contractor,the Contractor shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit,investigate,monitor,oversee,inspect and review operations activities,performance and procurement process including but not limited to project design,bid specifications,(bid/proposal)submittals,activities of the Contractor its officers,agents and employees,lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D)The Inspector General shall have the right to inspect and copy all documents and records in the Contractor's possession,custody or control which in the Inspector General's sole judgment,pertain to performance of the contract,including,but not limited to original estimate files,change order estimate files,worksheets,proposals and agreements from and with successful subcontractors and suppliers,all project-related correspondence, memoranda,instructions,financial documents,construction documents,(bid/proposal) and contract documents,back-change documents,all documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates,or dividends received,payroll and personnel records and supporting documentation for the aforesaid documents and records. (E)The Contractor shall make available at its office at all reasonable times the records, materials,and other evidence regarding the acquisition (bid preparation)and performance of this Agreement,for examination,audit,or reproduction,until three (3)years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement.In addition: i.If this Agreement is completely or partially terminated,the Contractor shall make available records relating to the work terminated until three (3)years after any resulting final termination settlement;and ii.The Contractor shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals,litigation,or claims are finally resolved. 10 Oocusign Envelope ID:6786BDFB-289D0-4092-B23F-332A55C26D05 Contract no.24-246-01 (F)The provisions in this section shall apply to the Contractor,its officers,agents,employees, subcontractors and suppliers.The Contractor shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Contractor in connection with the performance of this Agreement. (G)Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Contractor or third parties. 10.3 ASSIGNMENT,TRANSFER OR SUBCONSUL TING Contractor shall not subcontract,assign,or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager,which consent,if given at all,shall be in the City Manager's sole judgment and discretion.Neither this Agreement, nor any term or provision hereof,or right hereunder,shall be assignable unless as approved pursuant to this Section,and any attempt to make such assignment (unless approved)shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services,Contractor shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a)Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services,Contractor shall not exclude from participation in,deny the benefits of,or subject to discrimination anyone on the grounds of race, color,national origin,sex,age,disability,religion,income or family status. Additionally,Contractor shall comply fully with the City of Miami Beach Human Rights Ordinance,codified in Chapter 62 of the City Code,as may be amended from time to time, prohibiting discrimination in employment,housing,public accommodations,and public services on account of actual or perceived race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital and familial status.age,disability,ancestry,height,weight, domestic partner status,labor organization membership,familial situation,or political affiliation. 10.6 CONFLICT OF INTEREST Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions,as set forth in the Miami-Dade County Code,as may be amended from time to time;and by the City of Miami Beach Charter and Code, as may be amended from time to time;both of which are incorporated by reference as if fully set forth herein. Contractor covenants that it presently has no interest and shall not acquire any interest,directly or indirectly,which could conflict in any manner or degree with the performance of the Services. Contractor further covenants that in the performance of this Agreement,Contractor shall not 11 Docusign Envelope ID:67B6BDFB-289D-4092-B23F-332A55C26BD5 Contract no.24-246-0 I employ any person having any such interest.No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONTRA CTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LA W (A)Contractor shall comply with Florida Public Records law under Chapter 119,Florida Statutes,as may be amended from time to time. (8)The term "public records"shall have the meaning set forth in Section 119.011 (12),which means all documents,papers,letters,maps,books,tapes,photographs,films,sound recordings,data processing software,or other material,regardless of the physical form, characteristics,or means of transmission,made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C)Pursuant to Section 119.0701 of the Florida Statutes,if Contractor meets the definition of "Contractor"as defined in Section 119.0701(1)a),Contractor shall: (1)Keep and maintain public records required by the City to perform the service; (2)Upon request from the City's custodian of public records,provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3)Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed,except as authorized by law, for the duration of the contract term and following completion of the Agreement if Contractor does not transfer the records to the City; (4)Upon completion of the Agreement,transfer,at no cost to the City,all public records in possession of Contractor or keep and maintain public records required by the City to perform the service.If Contractor transfers all public records to the City upon completion of the Agreement,Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If Contractor keeps and maintains public records upon completion of the Agreement,Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City,upon request from the City's custodian of public records,in a format that is compatible with the information technology systems of the City. (D)REQUEST FOR RECORDS;NONCOMPLIANCE. (1)A request to inspect or copy public records relating to the City's contract for services must be made directly to the City.If the City does not possess the requested records,the City shall immediately notify Contractor of the request,and Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2)Contractor 's failure to comply with the City's request for records shall constitute a breach of this Agreement,and the City,at its sole discretion,may:(1)unilaterally terminate the Agreement;(2)avail itself of the remedies set forth under the Agreement;and/or (3)avail itself of any available remedies at law or in equity. (3)If Contractor fails to provide the public records to the City within a reasonable time, Contractor may be subject to penalties under s.119.10. 12 Docusign Envelope ID:67B6BDFB-289D0-4092-23F-332A55C268D5 Contract no.24-246-01 (E)CIVIL ACTION. (1)If a civil action is filed against Contractor to compel production of public records relating to the City's contract for services,the court shall assess and award against Contractor the reasonable costs of enforcement,including reasonable attorney fees,if: a.The court determines that Contractor unlawfully refused to comply with the public records request within a reasonable time;and b.At least 8 business days before filing the action,the plaintiff provided written notice of the public records request,including a statement that Contractor has not complied with the request,to the City and to Contractor. (2)A notice complies with subparagraph (1}(b)if it is sent to the City's custodian of public records and to Contractor at Contractor's address listed on its contract with the City or to Contractor's registered agent.Such notices must be sent by common carrier delivery service or by registered,Global Express Guaranteed,or certified mail,with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3)If Contractor complies with a public records request within 8 business days after the notice is sent,Contractor will not be liable for the reasonable costs of enforcement. (F)IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: City OF MIAMI BEACH ATTENTION:RAFAEL E.GRANADO,City CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 E-MAIL:RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE:305-673-7411 10.8 FO RCE MAJEURE (A)A "Force Majeure"event is an event that (i)in fact causes a delay in the performance of the Contractor or the City's obligations under the Agreement,and (ii)is beyond the reasonable control of such party unable to perform the obligation,and (iii)is not due to an intentional act,error,omission,or negligence of such party,and (iv)could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event.Subject to the foregoing criteria,Force Majeure may include events such as war,civil insurrection,riot,fires,epidemics,pandemics,terrorism, sabotage,explosions,embargo restrictions,quarantine restrictions,transportation accidents,strikes,strong hurricanes or tornadoes,earthquakes,or other acts of God which prevent performance.Force Majeure shall not include technological impossibility, inclement weather,or failure to secure any of the required permits pursuant to the Agreement. 13 Docusign Envelope ID:67B6BDFB-289D-4092-B23F-332A55C26BO5 Contract no.24-246-01 (B)If the City or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure,such party shall immediately,upon learning of the occurrence of the event or of the commencement of any such delay,but in any case within fifteen (15)business days thereof,provide notice:(i)of the occurrence of event of Force Majeure,(ii)of the nature of the event and the cause thereof,(iii)of the anticipated impact on the Agreement,(iv)of the anticipated period of the delay,and (v)of what course of action such party plans to take in order to mitigate the detrimental effects of the event.The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section;however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure,and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C)No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable,in whole or in part,by Force Majeure to carry out such obligations.The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required.The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event,and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D)Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event,causing the suspension of performance,shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible.The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E)Notwithstanding any other provision to the contrary herein,in the event of a Force Majeure occurrence,the City may,at the sole discretion of the City Manager,suspend the City's payment obligations under the Agreement,and may take such action without regard to the notice requirements herein.Additionally,in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30)days,the City may,at the sole discretion of the City Manager,terminate the Agreement on a given date,by giving written notice to Contractor of such termination.If the Agreement is terminated pursuant to this section,Contractor shall be paid for any Services satisfactorily performed up to the date of termination;following which the City shall be discharged from any and all liabilities,duties,and terms arising out of,or by virtue of,this Agreement.In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A)Contractor shall comply with Section 448.095,Florida Statutes,"Employment Eligibility" ("E-Verify Statute"),as may be amended from time to time.Pursuant to the E-Verify Statute,commencing on January 1,2021,Contractor shall register with and use the E- 14 Docusign Envelope ID:67B6BDFB-289D-4092-B23F-332A55C26BD5 Contract no.24-246-01 Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement.Additionally,Contractor shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term.If Contractor enters into a contract with an approved subcontractor,the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien.Contractor shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B)TERMINATION RIGHTS. (1)If the City has a good faith belief that Contractor has knowingly violated Section 448.09(1 ),Florida Statutes,the City shall terminate this Agreement with Contractor for cause,and the City shall thereafter have or owe no further obligation or liability to Contractor. (2)If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 10.9(A),but the Contractor otherwise complied with such subsection,the City will promptly notify the Contractor and order the Contractor to immediately terminate the Agreement with the subcontractor.Contractor's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Contractor's contract for cause. (3)A contract terminated under the foregoing Subsection (B)1)or (B)(2)is not in breach of contract and may not be considered as such. (4)The City or Contractor or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)1)or (B)(2)no later than 20 calendar days after the date on which the contract was terminated. (5)If the City terminates the Agreement with Contractor under the foregoing Subsection (8)(1 ),Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6)Contractor is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Secton 10.9. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder,shall be delivered personally to the representatives of Contractor and the City listed below or may be mailed by U.S.Certified Mail,return receipt requested,postage prepaid,or by a nationally recognized overnight delivery service. Until changed by notice,in writing,all such notices and communications shall be addressed as follows: To Contractor:ISi WATER COMPANY 5215 Fidelity Street Houston,TX 77029 Attn:Steve Hooper Email:steye@watercompanyofamerica.com 15 Docusign Envelope ID:67B6BDFB-289D0-4 092-23F-332A55C26BD5 Contract no.24-246-0 I To City: WITH A COPY TO: City Manager's Office City of Miami Beach 1700 Convention Center Drive,4"Floor Miami Beach,FL 33139 Attn:Eric Carpenter,City Manager Email:ericcarpenter@miamibeachfl.gov City of Miami Beach,Public Works Department 1700 Convention Center Drive Miami Beach,FL 33139 Attn:Bradford Kaine,Interim Public Works Director Email:bradfordkaine@miamibeachfl.gov All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the Parties.No modification,amendment,or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable,the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement.A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties,the language has been agreed to by parties to express their mutual intent and the resulting document shall not,solely as a matter of judicial construction,be construed more severely against one of the parties than the other. 16 Docusign Envelope ID:67B6BDFB-289D-4092-823F-332A55C26BD5 Contract no.24-246-0 I 12.5 ENTIRETY OF AGREEMENT The City and Contractor agree that this is the entire Agreement between the Parties.This Agreement supersedes all prior negotiations,correspondence,conversations,Agreements or understandings applicable to the matters contained herein,and there are no commitments, Agreements or understandings concerning the subject matter of this Agreement that are not contained in this document.Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the Parties to this Agreement. 12.6 CONTRA CTOR'S USE OF AND ACCESS TO CITY INFORMATION The Contractor agrees to use its best efforts to ensure the secure storage and protection of all data,information,records,and documents provided by the City (collectively,the "City Information").The Contractor shall maintain appropriate safeguards to protect the confidentiality, integrity,and availability of the City Information. The Contractor further covenants that,notwithstanding any prior written communication by the City to the contrary,under no circumstances will any City Information be submitted,transferred, or otherwise incorporated into any system,including but not limited to Generative Artificial Intelligence platforms,that would in any way impede,restrict,or limit the Contractor's ability to promptly remove,erase,and permanently destroy all City Information from its files,systems, databases,or any other means of storage upon the City's written request.These obligations shall remain in effect regardless of whether the City Information has been altered or de-identified by the Contractor to remove personally identifiable information or other individual identifiers.The Contractor acknowledges and agrees that compliance with these provisions is a material obligation under this Agreement,and failure to adhere to the requirements found in this Section 12.6 constitutes a default of this Agreement. 12.7 CONTRA CTOR'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS Contractor agrees to comply with Section 787.06,Florida Statutes,as may be amended from time to time,and has executed the Certification of Compliance with Anti-Human Trafficking Laws,as required by Section 787.06(13),Florida Statutes,a copy of which is attached hereto as Exhibit D" [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 17 Docusgn Envelope ID:67B6BDFB-2890-4092-B23F-33255C26BD05 (ntract n I 2as.0l IN W IT N E S S W H E R E O F the Parties here to have caused tis Agre em ent to be executed y the ir app ro pria te officia ls,as of (he dale firs!entere d above. CIT Y O F MIA M I BEA C H ,FLO R ID A A T T ..S T 1 »{ •apt £nc Carota {ty Managr' FO R?Contr actor AP?PROV_D AS IO FO R M &LA N G U A G E FO R EXE C UT O N·)]th rt. City tcrey t o ·4a lael Print Name and Title -·n. Date Docusign Envelope ID:6786BDFB-289D-4092-B23F-332A55C268D5 Contract no.24-246-01 EXHIBIT A SCOPE OF SERVICES The City seeks a revenue enhancement study for the purpose of analyzing the City's Utilities Department. The Contractor will produce recommendations for future enhancements to correct the identified problems. I.Scope of work for the revenue enhancement study of the City's Utilities department shall include, but not be limited to,the following tasks: •Identifying and analyzing the cause of revenue loss from unread,misread,and unmetered water and sewer usage,wastewater services problems,meter-related malfunctions (meter inaccuracies due to meter age shall not be considered for the purpose of compensation),or lost accounts,and recovering associated lost revenues. •Lost revenue due to incorrect billing and collection of the City's stormwater charges billed to the City's residential and commercial utility customers only •Additionally,after award of the Work Order,the City Manager or designee may authorize a work order to the Contractor to expand the revenue enhancement study to other areas of City expenditures,including (but not limited to):water,sewer charges billed to the City's utility customers,City's franchise fees,local municipal taxes &other taxes by the City's approved vendors in the customer billed areas of energy,cable,telecom,internet,waste and other services with franchised or un-franchised agreements or lost revenue due to incorrect billing and collection of intergovernmental utility revenues. •Meet with the Public Works Department,and Finance personnel to discuss the objectives of the study,the departments involved,the sections and functions to be included in the study, and organizational changes that have occurred since the last study was implemented. •Review the results of the previous revenue enhancement study initiated 2018. •Collect any data needed for the applicable fiscal year(s)and area(s)being studied. •Collect organizational,personnel,and financial information relative to the study. •Develop an expenditure analysis that ties back all revenue study elements to the department(s)affected. •Quantifying the potential revenue enhancement associated with the correction of these- problems. •Produce a draft document,including all supporting discoveries,statistical data, recommendations,and assumptions for review by City staff. •Incorporate comments from City staff,and provide a final report including all supporting discoveries,statistical data,and assumptions in original form (i.e.,Word,Excel)as well as in PDF format. •The study shall determine where new operational efficiencies may be implemented to provide more future control. II.The Contractor shall provide the investigation,Work Orders,and field services necessary to maximize the billable revenue to the City. •Investigate each account and determine if there is a loss of revenue to the City associated with that account. 19 Docusign Envelope ID:67B86BDFB-289D0-4092-23F-332A55C26BD5 Contract no.24-246-0 I •Submit Work Orders with recommendations for changes in billing procedures and/or changes in physical service.This information will be provided for each account. •Develop research findings reports that include appropriate supporting documentation,for stormwater findings which include the following: •1.Satellite/aerial image of the property ■2.Image of the property fronting the right-of-way ■3.Property Appraiser Detailed Report ■4.Property Appraiser list of folio numbers,if available.In the list of folio numbers, label any folios that are not living units (such as reference folios,cabanas,etc.)or not associated with the account in question. ■5.For commercial properties only: •a.Survey or building plans,marked-up in a PDF editor to show measurements of impervious area,and the summation of impervious areas (see Exhibit C) •The Contractor shall provide to the City on a periodic basis a complete list of all Accounts reviewed and researched on which the Contractor has identified potential increased revenues to the City and also where no enhancements are necessary.This Research Report shall be submitted for the purpose of "Documenting the Find,"and the Contractor shall be entitled to its portion of the increased revenues on said Accounts if the Work Order(s) included therein are subsequently approved by the City. o On each Account for which Contractor has Documented the Find and the City has collected Increased Revenue,Contractor shall provide a detailed report that quantifies Increased Revenue prepared from the information received from the City in the monthly account data download.This report typically contains at least the following information: ■Work Order number ■Account Number ■Cycle counter (indicates progression through the revenue sharing period) ■Amount of customer billing (from the download) ■Base Revenue ■Calculation of Increased Revenue ■Calculation of Contractor Share o Contractor may provide the Agreement's City Manager (or designee)a status report on a frequency agreed to by the Parties.This report is to be inclusive of all Accounts that are deemed by Contractor to justify action and on which a Work Order has been generated in the prior month. Ill.In certain cases,the Contractor may discover a Find on an Account of which the CITY has prior knowledge and is attempting to remedy.Such a Find being remedied by the CITY is exempted from Contractor Work. 20 Docusign Envelope ID:6786BDFB-289D-4092-823F -332A455C26BD5 Contract no.24-246-01 IV.Certain Duties of the City: A)In addition to its other duties under this Agreement,the City shall,to the extent permitted by law for each Account,promptly provide access to all the data and records in the possession of the City and provide copies of any documents in the possession or control of the City or available to the City which are requested by Contractor and are reasonably necessary for Contractor to perform its duties under this Agreement.CIS data shall be in two forms. 1)The City will create a monthly download of Account data,typically a backup file of the Utility Billing System. a)The City will exercise all reasonable haste in timely creation of download #1. b)The download will be created monthly by the City on the same day of each month for the duration of the project to support both field operations and Increased Revenue calculation. c)The day of the month selected for download will be determined solely by the City. d)The download content and naming of tables and fields will be consistent and not vary unless first agreed to by the City and Contractor. e)The City will transmit via the best secure method agreed to by the City and Contractor. )In the event that the provision of data is interrupted for any period of time,the Term shall be extended by an equal period of time. 2)The City will establish a password protected "read only"live link to the CIS for the viewing and extracting of "real time"information by Contractor.At no time will Contractor be able to input a change or modification to an Account by way of this link. B)Upon execution of this Agreement by all Parties,the City will establish the day of the month for the monthly Agreement status meeting which is to be attended by the key stakeholders (Agreement City Manager (or designee),Billing,IT,Meter Operations). C)The City shall review all Work Orders submitted by Contractor under Exhibit A, Section 11(8)(2)hereof and shall advise Contractor of the disposition of the Work Order request (approved or denied).The Parties agree that every effort will be made to expedite this disposition,as it bears on the Contractor's ability to perform. D)The City shall timely implement the recommended corrective action identified in the Work Order once approved and notify Contractor of this action once complete and the date of completion.Changes to account data such as billing code changes shall be accomplished within thirty calendar days.Should this not occur within the time frame specified,the City shall issue to Contractor written notification of an extension.Work Orders that involve changes to physical service shall be expedited with all reasonable haste.Both Parties recognize and agree that the purpose and intent of the project cannot be realized until approved changes have been implemented and accounts are fairly and accurately billed. E)Tre City Manager (or designee)shall assist Contractor in its dealings with any City department. F)The City shall acknowledge that Contractor has Documented the Find pursuant to Section 2.01 © (1,by promptly entering the appropriate information related to the Account within the "IS"System, or by whatever other method the City chooses.Once documented,the City shall not deny approval of a Work Order due to any action taken by the City during the approval process. 21 Docusign Envelope ID:67B86BDFB-289D-4092-B23F-332A455C26BD5 Contract no.24-246.01 G}At all times,the spirit of this Agreement will be upheld by both the City and Contractor.Contractor is performing a service to the City by increasing revenue to the City.The City has given Contractor authorization to perform the defined duties of this Agreement and will not hinder,restrict,delay or compete with Contractor performance of these duties. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK] 22 Docusign Envelope ID:67B6BDFB-289D-4092-B23F-332A55C26BO5 EXHIBIT B CONTRACTOR SAMPLE WORK ORDER Contract no.24-246-01 Miami Bach M ate r (op.ans \nerka M B- Form al W ork O rder Workorder Information: C o rl Ord:r Date Submittd Water H as Storm Bas. Sanu lmpu t Has nitial Discoverv: Recommended Correctiye Action; Customer Information: Address. !Submitted By:_Date Work Order Approved By. Le e 23 Implementation Completion. Docusign Envelope ID:67B6BDFB-289D-4092-B23F-332A55C26BD5 Contract no.24-246-01 EXHIBIT C BOUNDARY &TOPOGRAPHY SURVEY 3£•..f. I I DO OD A.HT A I0Po@ RAP RIc RvIY $eE.• -rm.7-4t2A see-·-·e=;-±.y=::e EU:.7----·----..--...L a a«a utteram ,:11,£tI;' AROUITECTOwucA ,32»rw MeLg 'MPz4;u 9srnet. THE HOLOCAUST MEMORIAL CENTER·DAB SUBMITTAL 1933-1945 Mentan Aerue,Mer each,h 33139 9906 wow so'+y.(11at202/ r-k. AROUITETONICA p"a truer es re !!I Rt:'!9rz we.• THE HOLOCAUST MEMORIAL CENTER -ORB SUBMITTAL 1933-1945 Ventsn 4ere r»est +33139 24 Docusign Envelope ID:67868DFB-289O-4092-B23F-332A55C268O5 Contract no.24-246-0l EXHIBIT D HUMAN TRAFFICKING CERTIFICATION CERTIFICATION OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS In accordance with Section 787.06 (13),Florida Statutes,the undersigned,on behalf of the entity named below ("Entity"),hereby attests under penalty of perjury that the Entity does not use coercion for labor or services as defined in Section 787.06,Florida Statutes, entitled "Human Trafficking". I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. I The undersigned is authorized to execute this affidavit on behalf of Entity. (Vendor Signature) Slee lr(Print Name) (Company Name)' 32i5 AB,SE,a,TX 7ozr (Address) State of Z5 (County of aan> The foregoing instrument was acknowledged before me by means of□physical presence or )online notarization,this 2'y Dead32o?'t known to me to be the person described herein,or who produced 77p2.075<7/s L/!22s as identification,and who did/did not take an oath. I NOTARY PUBLIC: (Signature) lush•rt .,UMESH C.PATEL $"..··+4"%.{?'A{5<Notary Public,State ot Texas <ii!j =comm.Expires 09-22-2028%;·if,G""Notary ID 132688484 (Print Name) My commission expires:37.32.222& 25 ATTACHMENT A RESOLUTION &COMMISSION AWARD MEMO R E SO LU T IO N N O .2024-33164 A R E S O LU TIO N O F TH E M A YO R A N D C ITY C O M M ISSIO N O F THE C ITY O F M IA M I B E A C H ,FLO RID A ,ACCE P T ING T HE R E C O M M EN D A TIO N O F TH E IN TE R IM C ITY MA N A G E R PU R S U A NT TO R E Q U E S T FO R Q U A LI F IC A TIO N S N O .2024-246-W G ,REV E NUE E N H A N C E M E N T S TU D Y FO R U T IL ITIE S ;AU TH O RIZ ING THE A D M IN IS TRA TIO N T O E N T E R IN TO N E G O T IA T IO N S W IT H IS i WATE R C O M P A N Y ,A S TH E TO P -RA N K E D P R O P O SE R ;AN D FURTHER, A U TH O R IZIN G T H E IN TE R IM C ITY MA N A G ER AN D C ITY CLE RK TO EX E C U T E A FIN A L A G R E E M EN T U PO N C O N CL U SIO N O F S U C C E S SFU L N E G O T IA T IO N S B Y T H E AD M INIS T RA T IO N. W H E R E A S ,on April 3,2024,the Mayor and City Commission approved the issuance of an RFQ for a Revenue Enhancement Study for Utilities;and W H ER E A S ,on April 3,2024,RFQ 2024-246-WG was issued;and W H E R E A S ,on May 22,2024,the City received a sole proposal from the following firm: •ISI Water Company;and W H ER E A S ,on June 21,2024,the Evaluation Committee comprised of Tracy Hejl, Financial Analyst Ill,Public Works Department;Bradford Kaine,Sanitation Division Director;Public Works Department;Jorge Maldonado,Assistant Division Director, Infrastructure,Public Works Department;Manny Marquez,Assistant Director,Finance Department;and Giancarlo Pena,Assistant City Engineer,Public Works Department, convened to consider the responsive proposal received;and W H E R E A S ,the Committee was provided an overview of the project,information relative to the City's Cone of Silence Ordinance,the Government Sunshine Law,general information on the scope of services and a copy of each proposal;and W H ER E A S ,the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ;and W H ER E A S ,the evaluation process resulted in the proposers being ranked by the Evaluation Committee in the following order: 1s ranked -ISI Water Company N O W ,T H E R E FO R E ,B E IT D U L Y R E SO LVE D B Y T HE MA YO R A ND CITY C O M M ISS IO N O F T H E C ITY O F M IA M I B E A C H ,FLO RID A ,that the Mayor and City Commission hereby accept the recommendation of the interim City Manager pursuant to Request for Qualifications No.2024-246-WG,Revenue Enhancement Study for Utilities; authorize the Administration to enter into negotiations with ISi Water Company,as the top-ranked proposer;and further,authorize the interim City Manager and City Clerk to execute a final agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this a/servo.7l9,204 ATTEST:7."".=RA FAEL -:ciAA"Aoo,CITY CLERK ~ER,MAYOR S B'3.,8!!'...5..01 o h,%3fi#%#Es!)eegos.re 4 Ac0Re#OM70,,;FORM &LANGUAGE r%',-e.-:XECU IOf.3.8 &FORE TION "•,,,H2u/@. ss I'mneer)lelek cirtone oar ate Procurement Requests -C2 C MIAMI BEACH COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Rickelle Williams,Interim City Manager DATE:July 24,2024 TITLE:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,ACCEPTING THE RECOMMENDATION OF THE INTERIM CITY MANAGER PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2024-246-WG,REVENUE ENHANCEMENT STUDY FOR UTILITIES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ISi WATER COMPANY,AS THE TOP-RANKED PROPOSER;AND FURTHER, AUTHORIZING THE INTERIM CITY MANAGER AND CITY CLERK TO EXECUTE A FINAL AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.(PUBLIC WORKS) RECOMMENDATION It is recommended that the Mayor and City Commission approve the Resolution accepting the City Manager's recommendation pursuant to Request for Qualifications (RFQ)2024-246-WG, Revenue Enhancement Study for Utilities,and authorize the Administration to enter into negotiations with ISi Water Company,the sole proposer.The Resolution also authorizes the City Manager and the City Clerk to execute a final Agreement upon the conclusion of successful negotiations by the Administration. This solicitation is under the cone of silence. BACKGROUND/HISTORY The City periodically reviews its business components to ensure that operations are being performed in the most robust and prudent manner possible.Through an RFQ,the City requested proposals from qualified firms experienced in conducting revenue enhancement studies,for the purpose of analyzing the City's utilities services.By way of this study,the City sought to identify and recover unread,misread,and unmetered water revenues.Additionally,the City sought the resulting study to culminate in a written analysis wherein the determined cause(s)of revenue loss, including wastewater service problems,meter-related malfunctions,or lost accounts,are fully delineated and result in recommendations for future enhancements to correct the problems. On October 11,2019,pursuant to Request for Proposals (RFP)2018-234-JC,the City entered into an agreement with ISI Water Company to provide a revenue enhancement study for the City's utilities services,through the Public Works Department.The current Agreement for these services is scheduled to expire on October 18,2024. In anticipation of the expiring contract,the Administration requested approval to issue Request for Qualifications (RFQ)2024-246-WG for a revenue enhancement study for utilities. ANALYSIS On April 3,2024,the Mayor and City Commission approved the issuance of RFQ No.2024-246- WG for Revenue Enhancement Study for Utilities.The RFQ was released on April 5,2024,and Page 57 of 1750 a voluntary pre-proposal meeting was held on April 23,2024.A total of 32 prospective bidders accessed the solicitation.RFQ responses were due and received on May 22,2024.A sole proposal was received from ISi Water Company (ISi). On May 24,2024,the City Manager appointed the Evaluation Committee via Letter to Commission (L TC)#203-2024.The Evaluation Committee convened on June 21,2024 to consider the proposal received.The Committee was comprised of Tracy Hejl,Financial Analyst Ill,Public Works Department;Bradford Kaine,Sanitation Division Director;Public Works Department;Jorge Maldonado,Assistant Division Director,Infrastructure,Public Works Department;Manny Marquez,Assistant Director,Finance Department;and Giancarlo Pena, Assistant City Engineer,Public Works Department. The Committee was provided with an overview of the project and information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law.The Committee was also provided with general information on the scope of services and a copy of the proposal.The Committee was instructed to score and rank the proposal pursuant to the evaluation criteria established in the RFQ.The evaluation process resulted in the scoring of the sole proposer as indicated in Attachment A. The Evaluation Committee deemed ISi Water Company ("ISI")qualified to conduct revenue enhancement studies for analyzing the City's utilities.The committee noted that ISi has extensive experience in the industry and with the City of Miami Beach.As the current service provider,ISi has a proven track record of delivering savings and improved processes for the City.Additionally, the Evaluation Committee highlighted that ISi has proposed an improved reporting process to provide data more clearly,which will better serve our Public Works Department. ISi offers solutions to numerous governmental entities nationwide to improve billing accuracy for all services while preserving public resources.They partner with key staff personnel of the governmental entity to identify causes of and implement remedies for system inaccuracies and deficiencies that adversely affect the accuracy of customer fees. ISi is considered an industry leader,offering a revenue enhancement program to municipal utilities at no cost,with compensation strictly contingent on contract performance.Some of ISl's clients include the City of Winter Park,Florida and the City of Orlando,Florida.All references provided positive feedback. FISCAL IMPACT STATEMENT Fees will be established through the negotiation process.It is the City's intent that the fees paid to the selected consultant(s)will be based on a percentage of the recovered costs.Under the current agreement for these services,when a utility account results in increased revenue or cost savings to the City,ISi is entitled to 45%of the increased revenue and 10%of the cost savings for a term of sixty (60)months thereafter. Click or tap here to enter text. CONCLUSION Based on the foregoing,it is recommended that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations with ISi Water Company,the sole proposer,and further authorize the City Manager and the City Clerk to execute an agreement upon the conclusion of successful negotiations by the Administration. Applicable Area Page 58 of 1750 Citywide Is this a "Residents Right to Know"item, pursuant to City Code Section 2-17? No Is this item related to a G.O.Bond Project? No If so,specify the name of lobbyist(s)and principal(s): Department Procurement Condensed Title Award RFQ 2024-246-WG,Revenue Enhancement Study for Utilities.PW/PR Page 59 of 1750 up4usu -j "' upqunu -·'I 23 fIi•1 u p4uni --l 1%1 I-I l« upquery -It1I-tzuI o2rIOtEI4 8 upqua - +8ItO t i•upquenu -1 ±f-r 0•I 8 l Iji] ~. 0ONM...--0 0DoaO(tia #i 1ula[" l J~1I ATTACHMENT B ADDENDUM AND RFQ SOLICITATION No Addenda released with the RFQ. ATTACHMENT C SUNBIZ &PROPOSAL RESPONSE TO RFQ %i}.org 2.- Dw/Io»ofCUTI an of ia!tut at {tr uly eh,s DIVISION OF CORPORATIONS Department of State I Division of Corporations /Search Records /Searchby EEI/EIN Number / Detail by FEI/EIN Number Foreign Profit Corporation ISi WATER COMPANY Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 5215 FIDELITY STREET HOUSTON,TX 77029 Changed:01/25/2011 Mailing Address 5215 FIDELITY STREET HOUSTON,TX 77029 F05000006430 20-2413479 10/19/2005 TX ACTIVE Changed:01/25/2011 Registered Agent Name &Address CAPITAL CONNECTION,INC. 417 E.VIRGINIA ST. STE.1 TALLAHASSEE,FL 32301-1283 Officer/Director Detail Name &Address Tile PCD HERBERT,TIMOTHY 5215 FIDELITY STREET HOUSTON,TX 77029 Annual Reports Report Year 2022 2023 Filed Date 02/06/2022 01/22/2023 2024 01/15/2024 Document Images o/1s2024--ANNUAL REoRr """9°Po"mat 01/22/2023 --ANNUAL REPORT View image in PDF format--------------' 02/06/2022 --ANNUAL REPORT View image in PDF format------------~ o11s.2021 --ANNUAL REroRr ""assPp"o"a' 03.232020--ANNUAL RPoRr ""9P0"o"a 01/29/2019 --ANNUAL REPORT View image in PDF format------------- 01/05/2018--ANNUAL REPORT View image in PDF format------------- 01/04/2017 --ANNUAL REPORT View image in PDF format------------- 01/08/2016--ANNUAL REPORT View image in PDF format------------ 02/21/2015 --ANNUAL REPORT View image in PDF format------------- 01/10/2014--ANNUAL REPORT View image in PDF format----------- 01/17/2013 --ANNUAL REPORT View image in PDF format 01/09/2012--ANNUAL_REPORT View image in PDF format-----------~ 01/25/2011 --ANNUAL REPORT View image in PDF format 01/23/2010_--ANNUAL REPORT View image in PDF format------------~ 01/21/2009 --ANNUAL REPORT View image in PDF format------------~ 01/16/2008 ANNUAL REPORT View image in PDF format------------ 01/10/2007 --ANNUAL REPORT View image in PDF format______________J 01/23/2006.--ANNUAL REroRr """Toe"P0fora' 10/19/2005 Foreign Profit View image in PDF format BID SUBMITTAL QUESTIONNAIRE SECTION 1 -BID CERTIFICATION FORM This doc um ent is a REQUIRED FO RM that must be submitted fully completed and submitted Solicitation No: BID NUMBER Solicitation Title: PROJECT TITLE BIDDER'S NAME:ISi Water Company NO.OF YEARS IN BUSINESS:35 I NO.OF YEARS IN BUSINESS LOCALLY:29 I NO.OF EMPLOYEES:24 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:Water Company of America BIDDER PRIMARY ADDRESS (HEADQUARTERS):5215 Fidelity St CITY:Houston STATE:TX I ZIP CODE:77029 TELEPHONE NO.:2813520047 TOLL FREE NO.:nla FAX NO.:nla BIDDER LOCAL ADDRESS 6320 SW 89 Ct CITY.Miami STATE:FL I ZIP CODE:33173 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Steve Hooper ACCOUNT REP TELEPHONE NO.2813520047 ACCOUNT REP TOLL FREE NO.:n/a ACCOUNT REP EMAIL:steve@watercompanyofamerica.com FEDERAL TAX IDENTIFICATION NO..20-2413479 By virtue of submitting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document and the solicitation,including all addendums specifications, attachments,exhibits,appendices and any other document referenced in the solicitation c)that the bidder has not divulged,discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;e)if bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach,Florida,for the performance of all requirements to which the bid pertains;and f)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he:is a principal of the applicant duly authorized to execute this questionnaire,and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. Name and Title of Bidder's Authorized Representative: Steve Hooper,General Manager Signature of Bidder 's Authorized Representative: Steve Hooper SECTION 2 -ACKNOWLEDGEMENT OF ADDENDUM After issuance of solicitation,the City may release one or more addendum to the solicitation,which may provide additional information to bidders or alter solicitation requirements.The City will strive to reach every bidder having received solicitation through the City's e-procurement system.However,bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial Enter Initial Enter Initial to to Confirm to Confirm Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. SECTION 3 -CONFLICT OF INTEREST All bidders must disclose the name(s)of any officer,director,agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach.Further,all bidders must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten (10%)percent or more in the bidder entity or any of its affiliates. FIRST AND LAST NAME:RELATIONSHIP 1 2 3 4 5 6 SECTION 4 -FINANCIAL CAPACITY At time of request by the City,_bidder _shall request that Dun_&Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within three_(3)days of request._Bidder shall arrange for Dun &Bradstreet to submit a Supplier Qualification Report (SQR)directly to the City.No proposal will be considered without receipt (when requested),by the City,of the SQR directly from Dun &Bradstreet.The cost of the preparation of the SQR shall be the responsibility of the bidder.The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/serylet/SupplierPortal? storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process.For assistance with any portion of the SQR submittal process,contact Dun &Bradstreet at 800-424-2495. SECTION 5-REFERENCES AND PAST PERFORMANCE Project No.BID NUMBER Project Title PROJECT TITLE Bidder shall submit at least three (3)references for whom the bidder has completed work similar in size and nature as the work referenced in solicitation.Bidder may submit additional references as part of its bids submittal. Reference No.1 Firm Name:Pace Water System Contact Individual Name and Title:Damon Boutwell,General Manager Address:4401 Woodbine Rd,Pace,FL Telephone:8509945129 Contact's Email:dboutwell@pacewater.org Narrative on Scope of Services Provided,Project Budget,and Project Dates: Utility revenue recovery service.Performance Fee based,thus providing additional budget revenue.Initiated 2014,ongoing. Reference No.2 Firm Name:City of Winter Park Contact Individual Name and Title:Wes Hamil,Finance Director Address:401 Park Ave.South,Winter Park,FL 32789 Telephone:4075993381 Contact's Email:whamil@cityofwinterpark.org Narrative on Scope of Services Provided,Project Budget,and Project Dates: Revenue Recovery Service related to Utilities.Performance fee based,thus providing new budget revenue.First contract 2002-2011.Second contract 2023-current.Both under Hamil. Reference No.3 Firm Name:City of Orlando Contact Individual Name and Title:Paul Deuel,Water Reclamation Division Manager Address:5100 L.B.McLeod Rd.Orlando,FL 32811 Telephone:4072463510 Contact's Email:paul.deuel@cityoforlando.net Narrative on Scope of Services Provided,Project Budget,and Project Dates: Utility Revenue Recovery Service.Performance Fee service,therefor a budget revenue contributor.First contract2006-2011.Second contract 2022. SECTIO N 6 -SUSPENSIO N,DEB AR MENT,O R CO NTRACT CANC ELLATIO N Has bidder ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? []YEs [@@]No If answer to above is "YES,"bidder shall submit a statement detailing the reasons that led to action(s): SECTION 7 -SM ALL AND DISADVA NTAG ED BUSINESS •RTIFIC A TION Pursuant to Resolution 2020-31519,the City is tracking the Small and Disadvantaged Businesses,as certified by Miami-Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County? [T]YEs [@@]No SEC TION 8 LGBT BL SINE SS ENTE'B R IE CRT]LA ON Pursuant to Resolution 2020-31342,the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? []YEs [@]No SECTION 9-BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A,44 C.F.R.PART 18 -CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C.§1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any.In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure,if any. By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name and Title of Bidder's Authorized Representative: Steve Hooper,General Manager Signature of Bidder 's Authorized Representative: Steve Hooper SECTION 10 -SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1)This Contract is a covered transaction for purposes of 2 C.F.R.pt.180 and 2 C.F.R.pt. 3000.As such the contractor is required to verify that none of the Contractor,its principals (defined at 2 C.F.R.§180.995),or its affiliates (defined at 2 C.F.R.§180.905)are excluded (defined at 2 C.F.R.§180.940)or disqualified (defined at 2 C.F.R.§180.935). (2)The Contractor must comply with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City.If it is later determined that the Contractor did not comply with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt. 3000,subpart C,in addition to remedies available to the City,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name and Title of Bidder's Authorized Representative: Steve Hooper,General Manager Signature of Bidder 's Authorized Representative: Steve Hooper SECTION 11 --CONE OF SILENCE Pursuant to Section 2-486 of the City Code,all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence."The Cone of Silence ordinance is available at https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COSI Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director,or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation.Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov . By virtue of submitting bid,bidder certifies that it is in compliance with the Cone of Silence Ordinance,pursuant to Section 2-486 of the City Code. SECTION '2 CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23789,the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City.The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3)days of request by the City.The Code shall,at a minimum,require the Bidder,to comply with all applicable governmental rules and regulations including,among others,the conflict of interest,lobbying and ethics provision of the City Code.In lieu of submitting Code of Business Ethics,bidder may indicate that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at http://www.miamibeachfl gov/city- hall/procurement/procurement-related-ordinance-and-procedures] Bidder will submit firm's Code of Business Ethics within three (3)days of request by the City? [@]YEs []NO Bidder adopts the City of Miami Beach Code of Business Ethics? @ ]YES D I NO SECTIO N 13 -LOBBYI ST REGISTRATION &CAMPAIGN CONTRIBUTION REQUIREMENTS This solicitation is subject to,and all bidders are expected to be or become familiar with,all City lobbyist laws,including lobbyist registration requirements and prohibition on campaign contributions,including: •Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code (https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV3LO) •Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ART VIISTCO DIV5CAFIRE) By virtue of submitting bid,bidder certifies or affirms that they have read and understand the above Lobbyist Registration &Campaign Contribution Requirements. SECTION 14 -NON-DISCRIM INATION The Non-Discrimination ordinance is available at: https://library.municode_com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA By virtue of submitting bid,bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 15 -FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No.2016-4012 is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid,bidder certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance.Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request.Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. e ION 6-PUBLIC NTIT 3I MFS Please refer to Section 287.133(2)(a),Florida Statutes,available at: https://www.flsenate.gov/Laws/Statutes/2012/287_133 By virtue of submitting bid,bidder agrees with the requirements of Section 287 .133,Florida Statutes,and certifies it has not been placed on convicted vendor list. SFCTI+1 V F RNEU I4ESSENTERP Es po-R A Pursuant to City of Miami Beach Ordinance No.2011- 3748,https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2- 374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise,and which is within five percent (5%)of the lowest and best bidder,by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount.Whenever,as a result of the foregoing preference,the adjusted prices of two (2)or more bidders which are a small business concern owned and controlled by a veteran(s)or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an 1TB,RFP,RFQ,ITN or oral or written request for quotation,and such bids are responsive,responsible and otherwise equal with respect to quality and service,then the award shall be made to the service-disabled veteran business enterprise. Is the bidder a service-disabled veteran business enterprise certified by the State of Florida? []YEs []No Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government? []YEs [@]No SECTION 18-EQUAL BENEFITS FOR EMPLOYEES WITH SPOUSES AND EMPLOYEES WITH DOMESTIC PARTNERS When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive bids,to provide "Equal Benefits"to their employees with domestic partners,as they provide to employees with spouses.The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States,but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? [I YES I□[NO Does bidder provide or offer access to any benefits to employees with (same or opposite sex) domestic partners or to domestic partners of employees? [@@]Es [CC]No Please check all benefits that apply to your answers above and list in the "other"section any additional benefits not already specified.Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. Bidder Provides for Bidder Provides for Bidder does notBENEFITEmployeeswithEmployeeswithProvideBenefitSpousesDomesticPartners Health ** Sick Leave ** Family Medical Leave * Bereavement Leave * If Bidders cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.,there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance.To comply on this basis,you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee.Approval is not guaranteed and the City Manager's decision is final.Further information on the Equal Benefits requirement is available at http://www.miamibeachf]gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ SECTION 19 -MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375,the City of Miami Beach,Florida prohibits the purchase of goods or services sourced in Mississippi.Are any of the products for which the applicant is seeking to be prequalified sourced in Mississippi? If yes,explain. D I YES ]No TABl @ PA""9NEmA May 22,2024 William Garviso,Procurement Contracting Officer Miami Beach Procurement Division 1755 Meridian Avenue,3"Floor Miami Beach,Florida 33139 Subject:Cover Letter ISi Water Company (referred to herein as Water Company of America "WCA")is pleased to submit this response to the Request for Qualifications 2024-246-WG entitled "Revenue Enhancement Study for Utilities"issued by the City of Miami Beach. The study proposed in this RFQ is identical to previous and current projects performed by WCA for Municipal Utility Departments nationwide,the first in 1989.Since initiating the first ever project of this nature in the nation thirty-five years ago,we have gained substantial national experience from a diverse group of very successful contract opportunities.While teaming with utilities as large as 374,000 accounts in Miami Dade County and as small as 1,600 in Florida City,WCA has increased the billings and collections to our clients substantially.The benefits of these increases in revenue are numerous and are detailed in our accompanying proposal. In response to this RFQ,and as with all previous contracts undertaken,WCA's program of revenue enhancement is offered on a performance fee basis.WCA will bear all of its study costs. WCA will be entitled solely to a share of increased collected revenues generated by this program. WCA has a proven program for revenue recovery.We most sincerely appreciate the opportunity to provide assistance to the City in this project.The contact information and the person authorized by the Company to negotiate contract terms and render binding decisions of contract matters for the Company related to this RFQ is as follows: Steven M.Hooper,General Manager 5215 Fidelity St,Houston,TX 77029 (281)352-004 7 (direct);steve@watercompanyofamerica.com WCA has adopted a code of business ethics that states that WCA will comply with all applicable laws,support and endorse antidiscrimination efforts and apply tangible business practices to utilize the full benefit of a supplier base that reflects the diversity of the American supplier community.WCA is committed to an equal opportunity employment effort.WCA is at all times committed to maintaining a Drug Free Workplace.WCA acknowledges zero (0)addenda. Respectfully submitted, Steven Jtoope Table of Contents Pages TAB 1:Cover Letter &Table of Contents 1-2 TAB 2:Experience &Qualifications 3 2.1 Organization Chart 3 2.2 Relevant Experience of Prime Proposer 4 -6 2.3 Experience of the Team 7-12 2.4 Relevant Experience of Sub-consultants/Sub-contractors 13 2.5 Prior experience Working Together 13 TAB 3:Approach &Methodology 14-33 Bid Submittal Questionnaire 34 TAB 2.Experience and Qualifications 2.1 Company Organizational Chart Corporate Management South Florida Region Contract M anager General M anager CIS/Data Security Account Research Field Technician Field Technici an Data Analytics Personnel WCA will perform the service proposed herein with trained management and field personnel with the requisite experience to accomplish the goals of the project.These employees are familiar with field procedures;appreciate the need for a clear understanding of applicable City billing policies,Ordinances,Rules and Regulations;comprehend variations in water distribution and sewer collection systems,and thus are capable of rapid mobilization for the City. Staffing needs for this project will be met by the Company in the following three manners: 1.Utilize existing full time salaried employees located in Central Florida 2.Bring experienced employee personnel from other locations 3.Recruit,hire and train from the local area By approaching the issue of staffing in this manner,WCA can effectively perform the Scope of Work in a timely and effective manner. All matters of project management,accountability and compliance are the responsibility of the Company local South Florida Contract Manager of sore 29 years -Ada Izquierdo. All CIS and data security matters are the responsibility on employee Jeff Haddock. 2.2 Relevant Experience of the Prime Proposer The chart on the following two pages offers a summary of Revenue Recovery Projects as contemplated by the City in this RFQ. a.Project name is typically Revenue Recovery Services or Unbilled Misbilled Utility Services. Scope is indicated in the 5 columns under the heading "Utility Services." b.The WCA team identified by the Company for this RFQ,also performed the Contracts highlighted in yellow on the chart found on the following two pages.The team is: Ada Izquierdo,Contract Manager Juan Izquierdo Operations Manager/Field Technician Jeff Haddock,CIS/Data Security Manager Steve Hooper,GM Programmers,Field Techs and office support have varied over time based on workload. c.Client -column one d.PM and contact -columns on the right e.Cost -AII services for every client since the first (ever)contract were on a Performance Fee basis.As such,regardless of cost incurred by WCA -related to employees (recruitment,salary, training,education,travel,office,vehicles,insurance,etc.),contract development,software creation,software customization,data research,development of new data analytic techniques specific to specific clients,field research,customer interaction,work product preparation and submittal,and monitoring of approved Work Orders over time -there is no "cost"to the client. If work performed by WCA fails to recover utility revenue in excess of its cost,then WCA absorbs its cost and suffers the loss.However,if the partnership between WCA and the City results in Increased Revenue,then WCA shares in that newfound revenue stream for a finite period,after which,the City retains 100%in perpetuity.-column headed "Increased Revenue" f.Term-always proposed and typically adopted,3 year operating period plus 2 one year renewal options. WATER COMPANY OF AMERICA CLIENT LISTING Contract I I Utility Service I Total 1 1Approved I Annual I I IGovernmentalEntityNumberofWorkIncreasedClientContactTitle TelephonePeriod[wa]ww[s«[sww]sec]Aeouns orders Revenue 2023-Current Winter Park 2023,FL x x x x Field operations not yet commenced,awaiting Notice to Proceed -Wes Hamil,FinDir 2023-Current Harrison,AR x x 7,000 141 $87,904 Luke Feighert Finance Director 2023-Current Clay County Utility Authority,FL x x Field operations not yet commenced,awaiting Notice to Proceed 2022-Current Vicksburg 2022,MS x x x 9,000 288 454,769 Melinda Hill Utility Billing Manager (601)801-3537 2022-Current Orlando 2022 x x Xx 80,000 165 22,917 Paul Deuel Water Reclamation Division Manager 2022-Current Gulfport 2021,MS x x X 28,000 113 1,628,788 Wayne Miller Public Works Director (228)868-5750 2021-Current Lafayette Utility Systems,LA x x 43,000 368 518,189 Garrison Harrison Utilities Conservation Specialist (337)291-8194 2021-Current Maitland,FL x x x 7,000 118 55,797 Jerry Gray Finance Director (407)539-6201 2020-Current Miami Beach,FL Xx x x 12,480 782 1,004,951 Tracy Hejl Financial Analyst (305)673-7000 2020-Current Apopka,FL x x x 17,000 88 348,931 Former Manager (City Administrator)no longer with the City 2019-Current Pearl,MS x x 9,000 12 180,269 Shane Burrell Public Works Director 2019-Current Kenner,LA Xx x 33,000 89 95,113 Former Manager Retired 2018-Current Sewerage &Water Board of NOLA Xx x 110,000 762 5,290,450 Dexter Joseph Budget Director (504)585-2220 2018-Current Southaven,MS Xx x 18,000 13 106,542 Ray Humphrey Director (901)831-0244 2018-Current Jefferson Parish,LA x x 140,000 970 628,652 Sidney Bazley Director,Dpt of Water (504)736-6836 2018-Current Orlando,FL 2017 x x 80,000 106 214,408 Paul Deuel Water Reclamation Division Manager (407)246-3510 2018-2023 Lake Mary,FL x 5,200 16 9,958 Bruce Paster Public Works Director (407)585-1452 2018-2023 St Augustine,FL x x x 9,000 172 157,933 Cori Niles Customer Service Manager (904)209-4244 2017-2023 Polk County,FL x X x 60,000 86 238,711 Charles Richards Customer Service/Finance Manager (863)298-4135 2017-2019 Loveland,CO x x x x 24,000 58 17,775 Sandy Ramirez Utility Billing Manager (970)962-2349 2017-Current Mobile Area Water Sewer System x x 90,000 750 636,775 Bud McCrory Director (251)694-3149 2017-Current Vicksburg,MS X x x 9,000 25 751,443 Melinda Hill Utility Billing Manager (601)801-3537 2017-Current Hattiesburg,MS x x x 15,000 151 438,669 Alan Howe Director (601)408-0586 2016-2022 Salt Lake City,UT x x x 112,000 185 817,617 Lisa Tarufeii DPU Chief Financial Officer (801)483-6755 2016-2018 Gainesville,FL Xx X 89,000 22 220,000 Mary Frieg Project Manager (352)393-8366 2016-2020 Sweetwater,FL x 6,000 90 287,278 Eric Gomez City Engineer (305)221-0411 2016-2020 Pascagoula,MS Xx x x 14,000 42 80,860 Former Manager Retired 2015-2019 Gautier,MS Xx x x 9,000 3 2,850 Former Manager Retired 2015-2019 Oldsmar,FL Xx x Xx x x 8,000 134 130,920 Al Braithwaite Administrative Services Director (813)749-1107 2014-2019 Heber City,UT Xx x x x 5,000 10 30,112 Former City Manager Mark Anderson 2014-2019 Payson,UT x x Xx x 5,000 53 43,601 Dave Tuckett City Manager (801)465-5209 2014-2019 Springville,UT x Xx X x 6,000 17 37,493 Bruce Riddle City Manager (801)489-2708 2014-2016 Pleasant Grove,UT x 3,000 Former Manager Retired 2014-2018 Oakland Park,FL x Xx 8,000 181 146,173 Former Manager Retired 2014-2019 Gainesville Regional Utilities x Xx x 89,000 133 181,241 Steve McElroy Technical Systems Analyst Sr.(352)393-1653 2014-2020 Ft Lauderdale,FL x X 68,000 158 974,457 Former Manager Retired 2014-2018 Largo,FL x x 31,000 12 8,667 Kimball Adams Management Services Director 727-587-6747 2014-2019 Miramar,FL x x x Xx 38,000 24 111,624 Claudia Dixon Finance Director 954-602-3049 2014-2018 Pace Water System,FL x x Xx 14,000 8 33,000 Damon Boutwell General Manager 850-994-5129 2014-2021 Biloxi,MS Xx x Xx 18,000 634 1,415,161 Mike Leonard Chief Administrative Officer 228-435-6254 2014-2017 St Bernard Parish,LA x x 7,000 14 34,152 Hillary Nunez Department of Public Works 504-442-4300 2014-2018 Hillsborough County,FL Xx x 135,000 65 592,101 Gary Hunter General Manager Ill,Client Srvcs Grp 813-612-7725 2014-2017 Dunedin,FL Xx x x 12,000 2 833 Paul Stanek Water Division Director 727-244-2236 2013-2017 Pinellas County,FL x x x 110,000 104 311,431 Former Customer Service Manager (LeeAnn Stiles)retired 2012-2017 Pinecrest,FL Xx 6,000 31 39,000 Maria Alberro Menendez Assistant Village Manager 305-234-2121 2012-2015 Melbourne,FL x x x x 52,000 5 25,333 Former Manager Retired 2011-2018 Gulfport,MS x x 26,000 594 2,316,333 Wayne Miller Public Works Director 228-868-5750 2010-2017 Denver Water,CO x 226,000 353 487,969 Authorized Representative (Marie Bassett)Retired 2010-2014 Cocoa Beach,FL x x 4.300 30 33,000 (Charles Holland Finance Director 321-868-3248 2010-2017 Brevard County,FL x x x x 85,000 52 127,803 Jim Helmer Director 321-633-2092 2010-2015 St Petersburg,FL x x Xx 90,000 102 474,939 Former Director (George Cassidy)relocated to Hillsborough County 2010-2017 Boynton Beach,FL x x x 35,000 820 744,000 Authorized Representative (Anthony Penn)Retired 2010-2014 North Ogden,UT x x 11,000 138 34,667 Annette Spendlove City Recorder 801-737-9830 2010-2013 Mt Olympus SSD,UT x 28,000 113 55,667 Kerry Eppich General Manager 801-262-2904 rev.May 1U,tu Steve Hooper,(281)352-0047,steve@watercompanyofamerca com 2009-2010 North Miami Beach,FL X X X 32,000 0 0 Authorized Representative (Ben Supranski)Retired 2009-2014 Lake Wales,FL X X X 7,000 10 8,667 Former Manager Retired 2008-2017 Palmetto Bay,FL X 5,000 34 65,333 Corrice Patterson Director of Public Works 305-259-1234 2008-2013 Zephyrhills,FL X X X 10,000 36 5,000 Authorized Representative (Dave Henderson)Retired 2007-2013 Cooper City,FL X X 8,000 64 29,667 Mike Bailey Director 954-434-5519 2007-2015 Jackson,MS X X 85,000 1,156 2,078,000 Linda Lindsey Water/Sewer Utilities Manager 601-960-0922 2007-2012 Granger Hunter ID,UT X X 25,000 344 531,333 Clint Jensen CEO/General Manager 801-968-3551 2007-2010 Kearns,UT X X 5,000 30 26,000 Pam Gill District Manager 801-968-1011 2007-2012 Bartow,FL X X X 6,000 128 122,667 Karen Hielscher Manager,Utility Customer Services 863-534-0188 2006-2013 Sanford,FL X X X 17,330 179 523,000 Bill Marcous Manager,Utility Support Services 407-688-5105 2006-2011 Orlando,FL X 80,000 373 633,003 Maria Lachney AsseUBilling Manager 407-246-2661 2005-2013 Salt Lake City,UT X X X 110,000 663 1,025,718 Former Finance Administrator (Jim Lewis)retired 801-330-2329 2005-2008 Toho Water Authority,FL X X 45,000 363 160,885 Rodney Henderson Business Services Manager 407-518-2538 2005-2009 Lakeland,FL X X 50,000 4 18,395 Authorized Representative (Gary Ross)Retired 2004-2008 Polk County,FL X X 43,000 33 51,667 Charles Richards Customer Service Manager 863-298-4135 2004-2006 Beaumont,TX X X 41,000 78 144,000 Former Manager Retired 2004-2010 Homestead,FL X X X X 9,500 597 618,751 Julio Brea Director 305-224-4770 2003-2009 Hallandale Beach,FL X X X X 7,500 267 171,434 Authorized Representative Retired 2002-2008 Deerfield Beach,FL X X 12,500 77 70,807 Authorized Representative Retired 2002-2011 Winter Park,FL X X X 28,000 145 279,323 Delsia Margraf Utility Services Manager 407-599-3371 2001-2006 Covington,LA X X 3,500 314 196.,333 Beverly Gariepy Director of Administration 985-892-1811 2001-2005 Orlando Utilities Commission X 95,000 52 108,633 Former Manager Retired 2001-2012 Hollywood,FL X X X 45,000 2,126 1,422,698 Authorized Representative Retired 2000-2004 Slidell,LA X X 4,500 185 109,667 Michael Noto Director Public Operations 985-646-4291 2000-2007 Orange County,FL X X 90,000 2,350 3,270,438 Tim Armstrong Customer Service Division Mgr 407-254-9745 2000-2008 Ft.Lauderdale,FL X X X 65,000 220 425,202 Mike Bailey Now Director,Pembroke Pines 954-434-5519 1999-2005 Coral Gables,FL I 14,000 340 Former Finance Director (Don Nelson)retiredXX599,338 1999-2004 Hammond,LA X X 9,000 101 57,377 Garry Knight Water/Sewer Superintendent 985-542-3525 1999-2002 Miami Springs,FL X X 3,500 25 98,888 Former Manager Retired 1998-2001 Florida City,FL X X 1,600 20 51,875 Authorized Representative Retired 1997-2000 Homestead,FL X X 9,500 120 248,333 Julio Brea Director 305-224-4770 1997-2000 North Miami,FL X X 20,000 23 32,007 Authorized Representative Retired 1996-2003 New Orleans #2 X X 172,000 500 756,667 Dexter Joseph Budget Director 504-585-2221 1996-1997 Escambia County,FL X X 75,000 90 81,333 Ernest Dawson Operations Director 850-969-3370 1995-2005 Miami Dade County,FL X X 374,000 635 2,138,000 Authorized Representative Retired 1991-1996 New Orleans,LA X X 172,000 3,200 1,366,667 Authorized Representative Retired 1989-1992 Houston (Comm.Accts.Only)X X 35,000 960 2,833,333 Authorized Representative Retired rev:May 1 0,2024 Steve Hooper,(281)352-0047,steve@watercompanyofamenca com 2.3 Experience of the Team The following key study personnel are herein proposed. MRS.ADA IZQUIERDO-Contract Manager In her capacity,Ada is responsible for the day-to-day operations,workflow,production and client communication required for assigned projects.He is well versed in providing the quality,factual information from the field needed to remedy unbilled and misbilled service from all utility services.To date,she was key person on 23 Contracts,and all but 2 were in South Florida.In addition,Ada has developed many of the procedures utilized by the Company today,including the assessment of unique Work Order types for new utility clients and procedures associated with electronic field documentation and submittal.Her training included in depth application of the Company analytic software and "on site"practical property analysis in the field,during active contract operations in South Florida from Florida City to Boynton Beach.She is a hands on manager,conducting office and field activities while ensuring safety compliance.Ada reports to Mr.Hooper. MR.JEFF HADDOCK-CIS/Data Security Manager Mr.Haddock has been an integral part of the Company since 2000.He performed the duties of Central Florida Contract Manager from 2000 -2012 and that of data manager from 2012 to current.He oversees the company's electronic assets and resources,coordinates data needs with clients,and directs Company software development with programmers.Helps determine the information technology goals of the Company and is responsible for implementing computer systems to meet those goals. •Manage the Company's data security practices and policies •Oversee company's flow and processing of data from clients under contract •Manage and maintain hardware and software assets •Assist Contract Managers with data acquisition •Intermediary with Programmers and to assist them as needed •Assist with data manipulation and reporting at contract level as needed •Setup field ready hardware and software systems as needed Management level,reports to the General Manager. M R .ST E V E N M .H O O P E R -G eneral M anager Mr.Hooper is responsible for management of /5/Water Company.He has 35 years of hands-on experience in the field of documenting unbilled utility revenue on a performance fee basis for governmental entities.From the first days of the first project of this nature,initiated in March of 1989,through the successful operation of contracts nationwide,he has developed the business plan,employee training procedure,best practices,specialized software application/design,flow and test meter application,national marketing strategy,and financial management.Participation in industry trade organizations and functions such as the American Water Works Association, the Water Environment Federation and the Government Finance Officers Association benefits the firm and clients by staying current with regard to industry standards and trends.He wi 11 coordinate all insurance requirements of the study,as well as oversight of company compliance and safety policy.Other duties include project resource allocation,production oversight,asset utilization,personnel deployment,and recruiting (as required).Hooper reports directly to Mr. Tim Herbert,Company President. A uthorized N egotiator Steven Hooper,General Manager is authorized by the Company to negotiate contract terms and render binding decisions of contract matters. [Balance of this page intentionally left blank;Resumes follow] Ada Izquierdo Miami,Florida (305)668-2822 PERSONAL DAT A Married 2 children EDUCATION Bachelor of Science in Business Administration Management Jersey City State College,1987 BUSINESS HISTORY ISi /Water Company of America, Contract Manager Office Manager 1998-present 1996-1998 Company manager of projects designed to recover unbilled and misbilled revenue related to water and wastewater service for municipal utilities.Specializes in customer billing analysis and increase revenue documentation.Trained in the effective application of WCA proprietary software. Miami Energy Inc. Office Manager Germaine de Capaccini Assistant General Manager Kitchen Depot Inc. Office and Sales Manager Family Spring Water Company Owner West New York Board of Education Secretary 1991-1995 1989-1991 1988-1989 1986-1988 1978-1988 Jeff Haddock Winter Springs,FL (407)382-6626 PERSONAL DA TA Married 3 children BUSINESS HISTORY ISi Water Company, CIS/Data Security Manager 2014-present Manager of the company's electronic assets and resources,coordinates data needs with clients, and directs Company software development with programmers.Helps determine the information technology goals of the Company and is responsible for implementing computer systems to meet those goals. ISi Water Company, Contract Manager 2000-2014 Company manager of projects designed to recover unbilled and misbilled revenue related to water,wastewater and stormwater service for municipal utilities.Specializes in retail billing account analysis and field documentation through the use of the company WATERS software and field account analysis techniques. Target Marketing Vice President 1994-2000 Owned and operated small plumbing supply firm in Orlando,FL.Specialized in sales of plumbing supplies to wholesale customers.Managed 20 employees as wel I as all finances for the firm.Sold interest in firm in 2000. Orange County Inventory Manager 1981-1994 Manager of inventory for the maintenance section for the Orange County Sheriff's Office. Inventory control,Purchasing and distribution of product for a 1600 unit fleet of vehicles were among the duties. Steven M.Hooper Houston,Texas 281-352-0047 PERSONAL DAT A Married Three Children EDUCATION Bachelor of Science Texas A &M University (1978) BUSINESS HISTORY ISi Water Company General Manager March 1989 to Present Responsible for the management of ISi Water Company.Advise and assist Contract Managers in all matters. Howe Building Corporation Project Manger Nash/Phill i ps/Copus Homebuilders General Superintendent S &S Construction Owner -Partner MEMBERSHIPS AND AFFILIATIONS American Water Works Association Water Environment Federation Government Finance Officers Association 1987 to 1989 1985 to 1987 1980 to 1985 Subconsultants and/or Subcontractors The use of Subconsultants or subcontractors is not contemplated by WCA.WCA is wel I qua I ified to perform this study with experienced,full time employees possessing multiple years of hands on practice and ski 11.As the preeminent provider of this service,with over twenty-nine years of continuous uninterrupted experience with utilities of all sizes in Florida,WCA is well suited to team with the City to fairly and accurately ferret out problematic customer accounts.In summary, WCA's qualifications will benefit Miami Beach in at least the following ways: ►The Company has a proven history of investing the resources necessary to uncover those problem accounts that are not obvious.This level of commitment to the goal of enhancing revenue reflects a business plan that is unique.Evidence of the plan's success is reflected in repeat business and consistent succession of new contracts in Florida for a period approaching three decades. WCA's proprietary analytical software enables the Company to find problems that are not evident in existing UBS exception reports. ►A proven technology that generates found revenue for discretionary use by the City. ►Diverse data handling experience enables quick adaptation to the Miami Beach CIS with an insignificant time requirement of City IT staff -initially or long term. ►The Company is experienced with the inherent challenges of like sized Florida systems. ►The proven approach to account data analysis causes zero impact to the City's CIS. ►An experienced resident South Florida multi-discipline staff is available and capable to accomplish the project. ►Local WCA contract operations directed from the local office facilitate a clear understanding of the logistics of field operations in the City specifically and South Florida in general,enabling efficient effective operation of this contract. ►The established method employed by WCA provides long term benefit to the City following program completion. ►Provide a proven program that,by its existence,motivates internal personnel toward greater efficiency. ►Provide training in revenue recovery techniques to the City staff upon completion. 2.4 Relevant Experience of Sub-consultants/Sub-contractor(s) The use of Subconsultants or subcontractors is not contemplated by WCA.WCA is well qualified to perform this study with experienced,full time employees possessing multiple years of hands on practice and skill. 2.5 Prior Experience Working Together See response to 2.4 above. Balance of the page intentionally left blank. TAB 3.Approach and Methodology Summary WCA offers solutions to municipal governments large and small to improve the billing accuracy for al I services while preserving pub I ic resources.A primary objective is to partner with key staff personnel of the governmental entity to identify causes of,and implement remedies for, system inaccuracies and deficiencies that adversely affect the accuracy of customer fees. WCA originated and is the number one provider of the service whereby private industry provides a revenue enhancement program at no cost to municipal utilities,with compensation strictly contingent on contract performance.The history of the company dates back to the first ever contract of the nature contemplated by the City in this RFQ.This first project was initiated in March of 1989 for the City of Houston.Subsequent to that time,WCA has established itself as the number one provider of the service,having successfully conducted or in the process of conducting identical projects for numerous governmental entities nationwide. System Concept and Solution The Study work shal I consist of 3 general tasks and 13 specific steps that involve actions and decision points of the utility and of WCA.The steps are shown below in written form to explain the detail of each,and a flow chart diagram is included to illustrate the process. Mobilization of this project can be accomplished within thirty (30)days and the discovery phase is expected to be complete within one year and should the revenue opportunity justify additional work,extension years could be utilized. Good communication is a key to the success of this project.A "start work"meeting shall be conducted with key members of each affected Department.Objectives are spelled out,an overview of the method of approach is discussed,and a clear chain of command and reporting is determined.Guidelines for subsequent updates can be established as wel I.An operational methodology based on good clear communication facilitates maximum production for the City. TASK I -IDENTIFY AND ANALYZE THE CAUSE and AFFECT Step 1:Account Data Information Gathering and Review Account data is accessed in two ways,first,a download of raw unjoined data run at a consistent point in time each month and second,an electronic link for review of real time data.All necessary data queries and reports arc created and run by WCA personnel on WCA computers with no City staff time requirement. (1)Download (a)WCA will meet with the City IT representative to identify those needed data fields,typically a backup file,from the CIS to be included in the download. (b)City generates a script (aka a stored routine)that writes raw unjoined tables of data to a file. (c)This file is run monthly on a consistent day and time of the City's choosing. (d)WCA retrieves this file in whatever method is most advantageous for the City (typically FTP) (e)This download is run monthly for the duration of the project,as it is used for initial investigation and to monitor the collection of Increased Revenue and thus to determine compensation (the WCA Share). (2)Electronic link-this resource is critical for WCA to gather current (as opposed to stale)data.Real time information is obtained through this read only password protected modem link to the CIS. This information link al lows the rapid reference to additional unique pieces of information not contained in the download described above.By gaining access to real time data in this manner, any related City staff time requirement is eliminated. Data that is typically reviewed includes;historical consumption and billing data as well as standard customer information such as;service address,customer name,meter number,billing codes,unit count,meter installation date,sewer surcharge level,etc.Once this customer account information is in hand,WCA begins the task of adapting its proprietary computer software by designing a custom front end unique to the City.Queries and sort routines that faci I itate the identification of unbilled and misbilled service revenue are tailored to City account data. These adaptations allow WCA to effectively utilize Utility data in whatever format it may be available.The company's investment in development costs of over $1 m has yielded proprietary software that is flexible,adaptable and custom bui It for studies of this nature for the Water,Wastewater,Stormwater and Solid Waste industries.It operates independently of the City's CIS,and in no way impacts the integrity of that data.The analysis of account data in this manner,which is uni ike other less effective methods utilized by others,provides significant benefit to the City,including at least the following; 1)Quantity of revenue produced 2)Quality of discoveries and corrective action stand the test of time 3)Accuracy of quantifying revenue enhancement 4)WCA is committed to isolate the more difficult account problems (unknown or unlisted taps and connections),rather than merely the obvious 5)Client Data Security is assured,because at no time is WCA allowed,or will it accept,the ability to input change of any sort Step 2: Step 3: Step 4: in the client CIS.Often phrased in the IT world as;WCA receives from the client a data set "pulled by the client"from the CIS.WCA never "pushes data"to the client CIS. Account Information Analysis Criteria WCA analyzes the reliability of the account data as it relates to billing, identifying those key fields that could negatively impact billing if entered incorrectly.Experience has shown many of these criteria to be standard from one City to the next.However,every City has its own unique combination of factors that ultimately determine a customer billing.Therefore,WCA will perform a comprehensive study of the City's rates,Ordinances,Resolutions,billing policies and operational practices to clearly understand the correct method.Armed with this understanding,WCA wi 11 review customer accounts for instances of no bills,underbilling and over billing on an individual basis to identify increase revenue opportunities.The accuracy of CIS data pertinent to billing is critical to the success of the project.Typical account data and data analysis criteria include the following: 1)Service codes and resultant billing drivers 2)Meter size,age,type and total recorded flow 3)Meter repair history and frequency 4)User classification,whether commercial,industrial,multi- family or residential 5)Number of units and calculated consumption per unit 6)Property flow and demand characteristics and how those factors compare with consumption 7)Property geographic location as it relates to water,wastewater and sol id waste collection service areas 8)Consumption analysis including monthly,quarterly and annual averages from year to year 9)Consumption patterns and trends that indicate failed meters 10)Comparison of usage to consumers with like profiles 11)Comparison of property type and/or classification to the appropriate billing rate 12)Meter read/reread history The Utility's historical data is essential to Step 2 and is the basis upon which the remaining steps are predicated. Internal Property Selection Report WCA produces a Property Report of suspect locations from the data analysis process described in Step 2.This "first cut"report provides a I ist of accounts ear-marked for further research.Each account record is scrutinized for additional facts that can validate account problems as probable. DECISION POINT: Step 5: Step 6: A preliminary survey of work to be performed is conducted to maximize efficiency and to prioritize the work.Based on this preliminary review, WCA selects properties from the initial analysis for field work. Field Work Selection Report WCA prepares a Field Work Selection Report that identifies the individual accounts and/or areas to be researched in the field.This plan may be communicated to the City if so desired. Field Work Order Issued After the WCA Project Manager approves the Field Work Selection Report,WCA issues a Field Work Order to its field personnel.This document will be completed on site and is used to confirm all current property data.All causes of revenue loss will be explored including: meter inaccuracy,service theft,unmetered fire lines,wastewater service problems,coding problems,billing accuracy,and unlisted sewer connections and/or water taps or meters.Genera lly,customers Ii ke seeing water utility representatives in the field.This field research typically promotes confidence to the customer that the uti I ity is properly maintaining the system. Field Research &Account Documentation Field personnel conduct site visits to research the property for all information required on the Field Work Order,often including,but not limited to,the following information: 1)Date and ti me of research 2)Type of property 3)Classification of water service a.Domestic b.Fire c.Irrigation d.Process 4)Approximate building square footage 5)Number of dwelling units 6)Current and historical occupancy information 7)Meter location,ID #,size,manufacturer and type 8)Current meter reading 9)Preliminary evaluation of meter's operating condition 10}Individual contacted a.Name b.Title c.Telephone number d.Hours of availability Note:Additional fieldwork is frequently required subsequent to the initial contact. Follow-up research may be necessary to: •Insure positive customer relations Step 7: Step 8: •Confirm short period and off peak period use •Gain access to specific locations previously denied DECISION POINT:Potential Revenue Enhancement Once field account analysis and field work are complete,WCA selects specific accounts with the potential for revenue enhancement for submission to the City.Accounts not selected will be filed systematically for future reference. TA SK II -Q UANTIFYING REVENUE ENHANCEM ENT Step 9:Formal W ork Order subm ission WCA will submit to the Utility a Formal Work Order on an account-by- account basis with complete documentation where additional revenue recovery is possible.This report provides complete and accurate documentation for use by the City to update and correct customer records.The document is a report produced by the WCA software, written specifically for Miami Beach.Included in this standard document is the projection of incremental revenue increase.This projection is essential to the utility,in that accurate projections must be in hand before decisions can be made as to the relative importance of problem correction and as to the cost effectiveness of the remedy.This projection is supported by precise calculations that are based on the property analysis and the analysis of the meter or meters in question.In addition,when required and where conditions permit,WCA will provide electronic flow measurement utilizing a non-pipe intrusive Transit Time Flowmeter.Measurements from the flowmeter serve to verify and document unauthorized flow through unmetered fire lines,for example, and serve to confirm the accuracy of large meters.This capability enables more accurate projections,and therefore is a substantial benefit to the utility in TASK 11.The Formal Work Order typically includes the fol lowing support documentation: 1)Historical and current account data. 2)Property Selection Report. 3)Field Research Report. 4)Notes,sketches,test results,photographic evidence. 5)Added to Step 9 in response to RFO TAB3 bullet #5.In the case of Stormwater,the County Property Appraiser information, specific to the premise identified in the Formal Work Order,and any information available from the Records Management Section of the Bui I ding Department of the City which are based on survey grade data,to substantiate and verify stormwater calculations. 6)Discovery notes and comments. 7)Recommended corrective action. Step 10: All problems noted in the system are mapped by address in the mapping software to determine the frequency and location of problems in the system. Added to Step 9 in response to RFO TAB3 bullet #3. As described in the RFQ,WCA will prepare an expenditure analysis for those specific Finds such as meter repair/replacement that require City expenditure to perform its duty of problem remedy.Prior to the Notice to Proceed,the City will provide to WCA its labor and material prices by meter size.Based on the projection of Increased Revenue (described above)and the cost,WCA will prepare a Return-on-Investment calculation expressed in a number of months.WCA proposes that the Roi must be less than 12 months,or the Work Order not be submitted. An example of a previous Contract where this feature was applied was in Pine I las County.In response to RFP,WCA proposed 12 month Roi and the County negotiated that to a 36 month Roi to be eligible for Work Order submission. DECISION POINT: The appropriate City Divisions will review the Formal Work Order and approve WCA's recommended changes.The City retains the ultimate uni lateral right to approve each Formal Work Order submitted.Any Formal Work Order not initially approved will be returned to WCA for additional work and resubmission,and/or filed for future reference. TASK 111-COORDINATING THE IMPLEMENTATION AND EXECUTION OF CORRECTIVE ACTION Step 11: Step 12: Corrective Action Following Formal Work Order approval,the necessary changes will be made to the account.These changes fall into two broad categories; changes in billing and changes to the physical service.WCA will assist the utility by coordinating the necessary activities and/or procedures between the various disciplines by acting as liaison to resolve issues that might otherwise stalemate the remedy.Examples of this assistance: generating interdepartmental correspondence,preparing letters for City signature that notify customers,as well as the assimilation of signed hardcopy for archive purposes.Water Company of America takes great pride in its abi I ity to work cooperatively with our uti I ity partners to ensure fol low-through with corrective action. Identified New Revenue on Accounts Once the change to the account is complete,the Uti I ity may identify (flag)the account in the Utility Billing Database as one to which WCA is eligible for participation in a share of increase revenue. Step 13:Reports and Proposed Revenue Sharing Plan WCA compiles and delivers a monthly report (Detailed Revenue Report) to the City that details the collected revenue for the period and calculates WCA compensation.This amount is based on actual account collection. The collection activity is monitored from the same monthly download of account data identified in Step 1.The revenue report is generated on an account-by-account basis,for review and approval by the Department. This eliminates the need for the utility to expend the resources necessary to write a computer program to accomplish the task,while reserving to the utility the approval authority for the disbursement of increase revenue.The monthly report summarizes each month's activity and typically includes the following information: 1)Formal Work Order approval date 2)Account number 3)Formal Work Order Number 4)Service address 5)Billing period/counter 6)Increase revenue calculation 7)WCA Share of Increase Revenue In addition,and if desired by the City,WCA will prepare a Status Report,on a frequency determined by the City.This custom report details those specific pieces of information meaningful to the City related to the documentation of revenue findings.This report is not "canned"but is tailored to the needs and desires of the City.This approach to reporting,as well as to final reporting at the contract end is possible because the ful I picture of an account is avai I able from one database source;history,findings,discovery notes,type of find,type property, corrective action,problem resolution,and records of Increase Revenue collections over time.This information is available for inclusion on any requested report,monthly or otherwise -on demand.This flexibility has been very well received by managers in past.This approach to the typical need for progress reporting is significantly more meaningful to the client than a "one size fits all"approach offered by others. WCA wil I prepare a Final Report on the specific results of the project including an assessment of existing billing and metering practices and an estimate of annual recovery by area of deficiency. Confidentiality Agreement (reference TASK I,Step 1above) WCA regards client data confidentiality with the highest priority.WCA maintains strict protocols managed by a dedicated,full time CIS/Data Security Manager.WCA agrees to comply with the requirements of laws concerning confidentiality of utility customer records,and any other applicable ordinances of the City. The above 13 tasks are illustrated in the following flow diagram charts on the following two pages: PROGRAM TASK PROCESS-RESPONSIBILITIES OF WCA STEP 1 STEP 2 STEP 3 DATA SORTING p ANALYZE PROPERTY REPORT STEP 5 STEP 6 ORDER ISSUED TASK9 STEP 7 STEP 8 FIELD RESEARCH PERFORMED "FORMAL WORK ORDER ISSUED \FILE 7 > NEXT PAGE PROGRAM TASK PROCESS-RESPONSIBILITIES OF THE UTILITY FORMAL WORK ORDER REJECTED APPROVED CORRECTIVE ACTION TAKEN REJECTED WORK ORDER STEP12 NEW REVENUE IDENTIFIED ON ACCOUNTS STEP13 +.7/ ....•TGENERAT E WCA's SH NUE INCRE The WCA program utilizes technical work methods conducted in an efficient manner and designed to optimize revenue impact without disruption to normal operating procedures of the Utility.All WCA field operations will be conducted in a manner consistent with requirements imposed by the Utility on its own personnel.Some of the basic WCA rules of operational conduct are listed below. •WCA wi 11 advise the Uti I ity of fieldwork performed on the Work Order. •WCA will conduct all operations to comply with applicable Department procedures. •WCA employees will adhere to all applicable safety requirements of City and WCA. •WCA will insure that property conditions affected by field research activity will be returned to original or better than original condition. •WCA vehicles will be clean and clearly marked with the Company Logo. •WCA employees will be uniformed. •WCA employees will display identification badges affixed to the employee's uniform. •WCA employees will at all times maintain a neat and clean appearance that represents the professional ism of the Uti I ity and WCA. •WWCA employees will exhibit a courteous and polite manner when dealing with any customer of the Uti I ity. Sample System Inaccuracies addressed by WCA Problem Types,Problem Explanations and Problem Solutions The accurate measurement of water is the means by which water utilities generate revenue to offset expense,determine equitable fees among users,promote conservation and minimize wastewater treatment loads.WCA will assist the various Miami Beach Departments in identifying causes of and suggesting remedies for system inaccuracies and deficiencies with respect to water,wastewater,storm and garbage uti I ity charges.System inaccuracies arise from many situations.Some of these situations are:unbi I led connections,meters not I isted in the bi 11 ing database,unknown taps,unauthorized fire I ine usage,meter bypass abuse,inaccurate submeter credits,and other conditions that are routinely encountered.These inaccuracies can be identified and corrective action taken to insure compensation for services rendered. In general,the above situations can be grouped into the five major categories listed below: o Meter Inaccuracy and Malfunction o Service Theft o Unmetered Firelines o Other Unbilled or Misbilled Usage o Stormwater These categories are addressed in the text that follows. A.METER INACCURACY It is critical for any Utility to be able to identify those meters within the utility system that perform below accepted levels of efficiency.Three typical contributing factors are: o Failure of Meters and Other Mechanical Devices o Lack of System Capabilities o Budgetary Limitations Problem#1:Failure of Meters and Other Mechanical Devices Problem Explanation:A meter's propensity for accuracy loss and potential failure is due to the very nature of a mechanical device with moving parts;and is also true (for different reasons)with more recent non-mechanical meter types.This accuracy loss is random among meters and often cannot be predicted.When vandalism and other meter damage issues are added to the equation,the problem of inaccuracy becomes even more unpredictable. Solution#1:WCA has developed systems to detect abnormal trends that may indicate mechanical failures in a timely manner.The analysis of these trends,coupled with field investigations,wi 11 detect meter failures.Field investigations wi 11 determine if there is a potential for loss of revenue.Based upon the field work performed,WCA will recommend the appropriate course of corrective action.As a result of these actions,the potential for revenue increases wi 11 be greatly enhanced. Problem #2:Lack of System Capabilities Problem Explanation:An example of the lack of system capabilities is as follows.A meter read is taken on a meter that is not performing to standard and registering low reads.This situation has occurred over an extended period of time.The meter reader (manual or AM I)has no concept of years prior consumption for the given property.The meter reader has no data to correlate with property characteristics such as property size,activity of occupant and occupancy rate.Therefore,an inaccurate meter with a history of low reads would not show a consumption pattern that would be indicative of a problem. Solution#2:WCA utilizes a system that compares like properties and isolates consumption differences.Consumption differences of this nature are selected for field review.The field review process confirms or denies consumption patterns with property characteristics. Problem #3:Budgetary Limitations Problem Explanation:Budgetary limitations may restrict Department personnel from performing efficiently in isolating meter inaccuracies.Meter repair programs are usually limited to replacing known malfunctioning meters.Department personnel may be diverted from looking for meter inaccuracies to work on other distribution problems.Several operational factors impacted by this limitation are: o Allocation of existing manpower o Staffing capability o Acquisition of testing equipment o Acquisition of fleet and faci I ity support Solution#3:WCA's program will provide a system for identifying meter inaccuracies at no cost to the Department during the term of the contract.All meter testing performed by the WCA shall recognize American Water Works Association (AWWA)standards,as utilized by the Department. B.SERVICE THEFT Service theft is the act of receiving uti I ity service without proper remuneration.There are many factors that contribute to this problem,and the discovery of each factor must be approached systematically.Service theft can be divided into two broad categories,intentional and unintentional.These categories are discussed separately below. 1.INTENTIONAL SERVICE THEFT Intentional service theft is the deliberate act on the part of a consumer of receiving service without proper remuneration to the uti I ity.In general,intentional service theft is achieved from the fol lowing situations: o Incorrect Piping Arrangements o Usage on "Inactive"Accounts o Emergency Meter Bypass Abuse o Fire Hydrant Abuse Problem#1:Incorrect Piping Arrangements. Problem Explanation:Theft of service can result from incorrect piping arrangements. Tampering is generally involved in these situations.Some examples of these situations are as follows: o Straight connects or an i I legal cut-across o Installing ajumper after a meter was pulled,subject to the limitations below. o Removing a lock after a lock-out procedure,subject to the limitations below. o Removing a blind gasket after service termination Solution#1:WCA will identify these situations by way of account review and on-site inspection of suspect locations.A comprehensive field analysis of known problem areas will often reveal cases that cannot be traced via Departmental data.When multiple problems occur in a specific area,a saturation survey of the entire area is conducted to verify that all connections are proper. Problem #2:Usage on "Inactive"Accounts Problem Explanation:An account could be classified within the Department's system as "inactive".However,the meter serving this account could be in use. Solution #2:Subject to the provisions below,WCA typically will make a field inspection on accounts classified as "inactive".Inactive accounts utilizing service will be identified and appropriate documentation submitted to the Department to initiate a change in account status. However,WCA wi 11 not receive compensation on Accounts in which the Department has terminated service due to non-payment of bills,also known as "cut off for nonpayment"or "CONP".These "known"(to the City)cases may often result in meter removal by the Department,which in turn may result in the illegal installation of ajumper by the customer.The Department has in place a process to field check all such accounts as part its routine procedures and therefore,for the sixty day period following a CONP,findings of jumpers or other illegal connections on such accounts are not subject to payment by the Department to WCA under the terms of this Agreement.WCA will investigate and submit findings only after the stipulated time period established by the City has been exceeded on the account. Problem #3:Emergency Meter Bypasses Problem Explanation:The abuse of large meter emergency bypasses contributes to the theft of service problem.Open meter bypasses are especially difficult to identify when it represents only a portion of total usage.For example,a bypass could be partially opened thus allowing unmetered service and yet not prompting action since an account bi 11 ing is being generated. Solution#3:WCA will identify all bypassed meters within the Department's system. Resolution of the bypassed meter problem is based upon a focused investigation of all meter installations with meter bypasses.WCA will physically inspect all bypassed meters on a regularly scheduled basis to determine if unmetered service is being provided.Only if a situation is found that is unknown to the City,and for which no active City Service Work Order is in effect, and has existed for a period of sixty days or longer,will WCA submit the item as a "find". Problem#4:Fire Hydrant Abuse Problem Explanation:Service theft is compounded by the use of fire hydrants supplying water for purposes other than extinguishing fires.The Department controls the majority of these situations by way of pol icy and procedure in their rules and regulations Solution#4:WCA will review the existing policies and procedures as they relate to fire hydrants.If there appears to be any revenue enhancement potential that can be acted upon, recommendations will be made to the Department.These recommendations will include a benefit to cost analysis of any suggested solutions. 2.UNINTENTIONAL SERVICE THEFT Unintentional service use is defined as the receipt of water and/or wastewater service for which the customer has no knowledge.In general the following situations are the cause of this type of service theft: o Incorrect Piping Arrangements o Incorrect Account Data Problem#1:Incorrect Piping Arrangements Problem Explanation:The unintentional incorrect piping arrangement is a common contributor to the unbilled revenue problem.Accurate site utility plats are not always available during construction.These plats indicate which tap serves a particular location.If a tap is not identified correctly with the property receiving the service,errors occur.For example,if an adjacent location's tap is incorrectly identified,the property could ultimately receive water through a meter not associated with that property. Solution#1:WCA will locate incorrectly identified property by conducting comprehensive on-site inspections of selected properties,customer account research and comparisons to other adjacent properties.By performing these inspections,many instances of this kind will be discovered and the appropriate remedy wi 11 be submitted to the Department for corrective action. However,if the taps are being billed,no additional revenue will result.Therefore,WCA will not receive compensation on such Accounts. Problem#2:Incorrect Account Data Problem Explanation:The tap or meter that is not correctly identified with the appropriate property is often unbilled.Sometimes a location is served by more than one tap.One meter can be generating legitimate billings while another is not.Confusion of service address with meter location can be a problem leading to incorrect account data.For example,a secondary meter might be physically located on a side street away from the primary or known meter.The second meter carries a different street address and normal search procedures by the Department result in fruitless efforts to locate,read or maintain the account.This occurs frequently in developed areas that were annexed by the Department and where installation records and "as built"drawings were not equivalent to those required by the Department today. Solution#2:WCA will compare like properties with similar usage characteristics to identify those consumers with lower than anticipated consumption.Ultimately,the correct association of multiple connections to a single property can only be ascertained by comprehensive field inspection and testing. C.UNMETERED FIRELINES The Department has established policies designed to minimize the abuse of unmetered firelines.Regulations specifically restrict unmetered fireline use.The Department's policy regarding Detection Check Meters provides further safeguards against abuse.WCA will,by way of physical property research,make appropriate reports to the Department should any customer be found to be out of compliance with the Rules and Regulations. Problem#1:Unauthorized taps on Unmetered Firelines Problem Explanation:The existence of connections made to unmetered firelines for use other than intended represents a loss of revenue faced by all utilities.The problem can be categorized into three basic areas: o Deliberate,illegal taps into fire systems o Control measures on identified fire I ines,such as detector check meters that are inoperative or are not checked routinely o Unmetered firelines that have no control devices to indicate usage Solution#1:WCAwill isolate unmetered fireline abuses by researching properties with known service as well as searching for connections that are unknown to the Department.A few of the methodologies employed are: o Focus research on recently annexed areas and within areas of the system built during periods of rapid growth. o Research a random sample of that portion of the account population with known firelines. o Site inspections of a property always include an oservation of the fire protection system components. o In the case of large-scale installations with pressure alarms,a non-intrusive portable flowmeter may be utilized to verify unauthorized flow. o Other relevant databases of information such as State or Local fire insurance records can be compared to Departmental data regarding firel ine bi 11 ings. o The piping arrangement present in any location is traced and identified to the greatest extent possible. D.OTHER SYSTEM DEFICIENCIES AND UNBILLED SERVICES A multitude of factors impact the abi I ity of the Department to bi 11 correctly for its services.Other than those areas previously discussed,the following problems have been encountered in other uti I ity systems.Other unbi I led or misbi I led usage can be the result of the fol lowing situations: o Incorrect Account Data o Abuse of Submeter Allowances o Unknown Accounts Problem#1:Incorrect Account Data Problem Explanation:An example of this type of problem is as follows.A building is served by an unmetered fireline.However,the Customer Information System has no record of this data.Therefore,the Department may be losing revenue because of incorrect account data. Solution#1:Standard operating procedure utilized by WCA via its field research techniques is to verify all existing account data against actual property configurations.In that all account data is verified with the physical property configurations,discrepancies are noted and communicated to the Department by way of a Formal Work Order. Problem#2:Abuse of Submeter Allowances Problem Explanation:Submeters allow credits for wastewater charges due to non-returned water to the sanitary system.Submeters for such uses as irrigation,processes and coolant towers provide reasonable usage credits to end users.However,if they are not properly installed,configured and monitored they can be abused.The net result of such situations is that the Department may not receive the appropriate remuneration for wastewater services. Solution#2:WCA will undertake a study of all known Submeter Account billings within the Customer Information System.All such properties will be researched to determine the validity of these credits with respect to credit calculations,and the appropriateness of those accounts receiving such credits. Problem#3:Unknown Accounts Problem Explanation:Most major utilities have experienced growth by way of annexations of existing systems.If the accounting data from these acquired systems was not correct during the conversion,the probability is high that subsequent corrections to this data may not have been made.Also,if the uti I ity has experienced bi 11 ing system conversions,some accounts tend to be lost during the conversion.Unknown accounts produce no revenue for the uti lity,while adding to the unaccounted-for water loss equation. Solution #3:Standard operating procedure for WCA field crews is to make checks of adjacent properties while performing selected field research.WCA's standard operating procedure utilizes radio-dispatched crews to perform field research.WCA's office staff uses a computer I ink to the Customer Information System to retrieve current account data.Communication between office staff and field personnel enables WCA to verify information on adjacent properties which may be unknown. The Importance of the Criteria which Determine Utility Billing A clear understanding of the billing policy of the City is absolutely critical to the success of the project.A lack of understanding will result in two things.The first is missed opportunity, defined as lower than expected discovery of Increased Revenue.The second is that submittals which are tendered to the City for review will be incorrect and thus rejected.An error in billing on an Account cannot be ferreted out without first gaining a working knowledge of the way things should be. In the experience of WCA,no two utility clients apply exactly the same set of criteria to determine customer fees for water,wastewater and stormwater service.In al I contracts entered into by the Company,all applicable sources of client billing reference information are carefully researched to determine the intended billing methodology These include (but are not limited to) Statute,Charter,Ordinance,Rate Study,billing policy,special case rules,and finally,the utility billing software utilized by the client.The understanding gathered in this process enables WCA to correctly and fairly analyze individual customer bi 11 ings and to recommend only those changes and corrections that fit within existing City guidelines.These guidelines determine both billings going forward in time as well as any appropriate retroactive billings.This same methodology will be applied by WCA for the City.The Company's knowledge of utility systems in general and with SunGard HTE specifically is extensive.Therefore,WCA is wel I suited to accomplish the goals of this project.The City can be assured that WCA will only recommend account changes that are in accord with the intent of the City in determining customer fees. Proposed schedule for completing the work Data access through read only I ink and the data download process (described in Section 4,Task I.Step 1.)is a function of the City -over which WCA has no control.Because this period of time is impossible to forecast,it is not included in the Contract Term. "Notice to Proceed"is defined as the written notification by the City to WCA to initiate Work.This notification is issued upon the successful receipt and conversion of Account data from the City by WCA.The date of the Notice to Proceed shall mark the initiation of the Contract Term. Contract Term -It is anticipated that the period of time necessary for the "Work", (described in Section 4,Task I.Steps 2-8 and Task 11.)for this project is three years.In addition, renewal option should be included.Because every Contract undertaken by WCA in years past has proven to be unique -in terms of results and the amount of time necessary to produce those results -adequate opportunity for the City to achieve maximum benefit must be allowed. Insofar as the day to day and week to week schedule is concerned,WCA wi 11 gear the frequency of reports,updates and submittals of Work Orders according to the limitations, requests and requirements of the City. What is the risk associated with the service? Municipal Utility Managers typically ask about the risk associated with the project,therefore a response to that concern is provided in this RFQ response.The inherent risk in the project is that WCA could submit a recommendation to the City which resulted in an increase to a customer's utility bill that ultimately proved to be wrong.In the event of an overbilling due to WCA advice, the City would not suffer damages because the customer is credited to offset the overbilling.In the rare event that any customer related issue arises related to any WCA recommendation,WCA personnel respond to the customer concern,in the field,at his location if necessary.More often than not,in the rare event that a customer complaint is received,a site visit by WCA to explain the change will alleviate the complaint.The issue of the City suffering harm or damages as the result of a WCA overbilling has never occurred in the Company's entire history. Exception,General Conditions Statement,Miscellaneous Statements Insurance:In Appendix B item D.of the RFQ calls for Professional Liability Insurance.WCA takes exception to PL/for the following reason: Professional Liability Insurance is not required.The Commercial General Liability Insurance provided by WCA covers 100%of the work activities performed by WCA under the Contract. There are no services called for in the proposed Scope of Work to be provided by WCA for the City to which Professional Liability Insurance applies.Were the Scope to require an Engineer's seal,for example,then PLI for errors and omissions would be appropriate and necessary.This question has been vetted previously in other RF ls,RFQs and RFPs and is often a vestige of a General Engineering Services Contract requirement,which very different from the scope of work provided by WCA.It comes down to a question of risk to the City -how could the City be harmed.The answer is that the worst that could happen is for WCA to erroneously recommend change to an account which proves to be wrong.The customer is overbilled one month and credited back the next,and the harm is eliminated. Insurance:In Appendix B item E.of the RFQ calls for Cyber Liability Insurance.WCA takes exception to Cyber for the following reason: Cyber Liability insurance is not required.This is not an IT contract.WCA will receive data, without personal information such as SSN or credit/debit card info.Given the reliance that both CoMB and WCA have on electronic data,it is true that we both place the highest priority on its security.In real terms,the work called for in the RFQ requires WCA to perform data analysis and field verification to identify unbi I led or misbi I led Uti I ity Service.The Contract describes two duties of the Owner related to data.First,provision of the monthly download of raw, unjoined data,which is created by CoMB,exactly as was provided in the previous contract. Second,provision of a read only I ink for viewing accounts in the UBS,with no abi I ity to input or extract.While WCA clearly depends on data,the RFQ does not require nor allow WCA to extract nor input data from the CoMB billing system in either of these two.Therefore,no potential harm to the City exists for which Cyber would be necessary. General Conditions Compliance Statement WCA has read and agrees to comply with all requirements stated in the General Conditions, except for the exceptions stated above regarding Professional Liability Insurance and cybersecurity which do not apply and to which the Company cannot comply. Miscellaneous Litigation:WCA is not now,nor has it ever been involved in arbitration or litigation with any client governmental entity or with any utility customer of any client. Financial stability:WCA has never filed for reorganization or bankruptcy. Addenda:WCA acknowledges receipt of zero (O)Addenda to the RFQ.