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PSA with UTIL Auditors, LLC
)018- 31032 ? PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND UTIL AUDITORS, LLC FOR COST CONTROL AND RECOVERY AUDIT SERVICES, PURSUANT TO RFP 2018-081-JC This P ofepgsional Servic s Agreement ("Agreement") is entered into this a8 day of c(Pih[mtlP / , 20 (g , 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 at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and UTIL AUDITORS, LLC, a Delaware limited liability company, registered to do business in Florida, whose address is 700 W. Hillsboro Blvd, Ste 3-102, Deerfield Beach, FL 33441 ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: 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 Finance Department Director. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Consultant Service Order: "Consultant Service Order' shall specifically describe and delineate the particular Services which will be required of Consultant for the Project that is the subject of such order using Schedule "A" — Consultant Service Order Format, attached hereby and made part of this Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach RFP No. 2018-081- JC for COST CONTROL AND RECOVERY AUDIT SERVICES, together with all amendments thereto, issued by the City in contemplation of this Agreement, RFP, and the Consultant'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 1 Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFP; and the Proposal. Risk Manager: 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. SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit"A" hereto (the"Services"). Although Consultant 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 the Consultant; where the services are performed (although the City will provide Consultant with the appropriate location to perform the services); 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 the Consultant shall be to the reasonable satisfaction of the City Manager. If there are any questions regarding the services to be performed, Consultant should contact the following person: Finance Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn: John Woodruff, Chief Financial Officer Email: JohnWoodruff@miamibeachfl.gov 2.2 Consultant's Services and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in the Consultant Service Order. Consultant Service Orders must include a detailed list of tasks, sub-tasks, and deliverables (Collectively the Scope) that are consistent with the work and services described in Appendix "C" of the RFP and Exhibit"A" of this agreement. 2.3 Consultant shall only commence any Services, or portions thereof, upon issuance of a Consultant Service Order executed by the City Manager or corresponding Department's Director pursuant to the requirements in section 4.2 of this agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 2 SECTION 3 TERM The term of this Agreement ("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 (1) year renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto. SECTION 4 FEE In consideration of the Services to be provided, Consultant shall be compensated through individual Consultant Service Order(s) issued for a particular Project, on a "Contingency Fee" basis, as set forth in the consultant service order. Notwithstanding the preceding, the total fee paid to Consultant pursuant to this Agreement shall be subject to funds availability approved through the City's budgeting process. 4.1 At the time of negotiation of each Consultant Service Order, City and Contractor will determine the tasks, sub-tasks, and deliverables applicable to the Project based on the list of Services associated with each Consultant Service Order. Consultant shall not commence any Services or Additional Services unless approved in writing by the City Manager or the corresponding Department's Director. 4.2 The corresponding Department Director shall have the delegated authority to execute Consultant Service Orders up to an amount not-to-exceed $50,000.00. Any Consultant Service Orders in excess of $50,000.00 must be executed by the City Manager. Any Consultant Service Order not executed in accordance herewith shall be null and void. 4.3 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures made by the Consultant in the interest of the Project, provided such expenses are authorized in advance by the City in a Consultant Service Order. The Reimbursable Expenses allowance, as specified herein, belongs to, and shall be controlled by the City (i.e., unused portions will be retained by the City and shall not be paid to Consultant). Only approved travel-related expenses authorized by a Consultant Service Order will be reimbursed to the Consultant, in an amount not-to-exceed the agreed-upon amount reflected on the corresponding Consultant Service Order, and in accordance with City-wide Procedure OD. 20.01 (Travel on City Business), as may be updated by the City from time to time ("Reimbursable Expenses"). Notwithstanding the above, any Reimbursable Expenses must be authorized, in advance, in writing, by the City Manager or corresponding Department's Director. Invoices or vouchers for Reimbursable Expenses shall be submitted to the 3 corresponding Department's Director (along with any supporting receipts and other back-up material required to support the amount invoiced, and as requested by the corresponding Department's Director). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." Only actual amounts incurred and paid (requiring proof of payment) by the Consultant shall be invoiced, without any markups and/or additions. 4.4 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 Division Finance Department City of Miami Beach 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant 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 the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant 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 Consultant. 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, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. 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 Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY 4 The city may also, through its city manager, and for its convenience and without cause, terminate the agreement at any time during the term by giving written notice to consultant of such termination; which shall become effective within thirty (30) days following receipt by the consultant of such notice. If the agreement is terminated for convenience by the city, consultant 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. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant 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. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant 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 the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue 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. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant'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 Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS 5 The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of$1,000,000; 2. Consultant Professional Liability, in the amount of$200,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY 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, Consultant 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 6 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 the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damages from any action for breach of contract to be limited to a maximum amount of the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach, 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, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable 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, Consultant 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; CONFIDENTIALITY 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 Consultant, 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 7 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 Consultant or its employees or sub-consultants, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, 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. Consultant 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 [INTENTIONALLY DELETED] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant 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 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, the Consultant 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 NON-DISCRIMINATION In connection with the performance of the Services, the Consultant 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, Consultant 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, 8 disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant 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. Consultant 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. Consultant further covenants that in the performance of this Agreement, Consultant shall not 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 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) 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 Employer. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant 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 the Consultant 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 the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant 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. 9 (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 the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant'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) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorney fees, if: a. The court determines that the Consultant 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 the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant'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) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'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(rDMIAMIBEACHFL.GOV PHONE: 305-673-7411 SECTION 11 NOTICES 10 All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant 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 CONSULTANT: Util Auditors, LLC 700 W. Hillsboro Blvd, Ste 3-102, Deerfield Beach, FL 33441 Attn: Bill Kurtzner TO CITY: City Manager's Office City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Attn: Jimmy L. Morales, City Manager WITH A COPY TO: City of Miami Beach, Finance Department 1700 Convention Center Drive Miami Beach, FL 33139 Attn: John Woodruff, Chief Financial Officer Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. 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 11 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 ENTIRETY OF AGREEMENT The City and Consultant 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. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Rafa I Granada, City Clerk Dan Gelber ayor Date: i/1 AIV f . g '9 • FOR CONSULTANT: . 'INCORP ORATWI AU iITORS, LLC V ATTEST: • OJ � By: d Agit 411) U3tuttcyttcgaistraora ImmtitLl (fhturc,'NEK PrmrxrrMitnnaw9 Print Name and Title PA-U l-- Print Name and Title Pnrh+rr Date: q I3-( $ APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION a.,agL ( ( (k City Attorney RA( D e 13 EXHIBIT A SCOPE OF SERVICES The Consultant shall be required to provide services to the City in order to deliver reviews of area(s) of expenditure to assure that invoiced costs are consistent with contract rates, and to recover any overcharges that may have occurred. C2. Statement of Work Required. The scope of services shall include review of City invoices paid and inspection of contracts for the above categories of expenditures, in order to determine if over-billings have occurred, and subsequently recover retroactive refunds from companies where overpaid. The City expects this project to reduce monthly costs paid for services within the respective categories. The selected firm(s) shall also identify areas of services that are redundant or no longer needed, and make recommendations to rationalize the services therein. Additionally, the analysis shall determine whether new contract terms beneficial to the City could be secured to lower the City's associated costs. The proposer shall have no financial relationship with any recommended service providers. Fees paid to the selected firm(s) shall be based on a percentage of the recovered costs identified in Appendix D, Revenue Proposal Form. The City expects to incur no expenses as a result of this RFP. Proposers may, but are not required to, submit a proposal for each identified group; however, a separate proposal is required for each group submitted for consideration. Group t Credit Card Processing The City is requesting proposals from qualified firms to perform cost control and recovery audit services of the City's credit card processing services. The City uses several credit card processors to process payments made to the City by credit card. Processing fees are paid to the credit card processor by transaction and determined by credit card type and credit card issuer. Fees are charged net of revenue credit received by the City, or taken out the City's bank account via ACH. The foregoing is also applicable to debit cards. The majority of service is provided by FirstData; however, several other providers are used, on an as- needed basis, depending on limitations of the operations-specific program software required to interface with FirstData, our preferred provider. Current annual expenditures are approximately$2.5- $3 million. The selected firm(s)will audit, at a minimum, fees charged by the credit card processors. 14 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND UTIL AUDITORS, LLC CONSULTANT SERVICE ORDER FORMAT Service Order No._ for Consulting Services. TO: DATE: SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Project Name and No: Estimated calendar days to complete this work: days Contingency Fee (Revenue Share)for this Service Order: Check One Below 65% of Revenue Share for Cost Savings Realized by the City as a 1. Result of Recovery Audit 65% of Revenue Share for Cost Savings/Avoidance/Efficiencies Realized by the City as a Result of Recommendations for Future Efficiencies Finance Department Director Date UTIL AUDITORS, LLC Date City Manager Date 15 SCHEDULE B NOT USED 16 APPENDIX D- 1 CREDIT CARD PROCESSING REVENUE PROPOSAL FORM Failure to submit the Revenue Proposal Form, in its entirety and fully executed, by the deadline established for the receipt of pro•osals will result in •roposal bein• deemed non-responsive and bein• re ected. Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are inclusive of all costs borne by the Proposer relating to the scope of the project. and Proposer affirms that no claim will be made on account of any increase in research costs. wages. material prices, delivery delays. taxes. insurance, cost indexes or on any other account. The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal Form shall be initialed. Group 1: Proposed Gross Net Revenue Credit Card Description Revenue Savings to the City Processing Sharing 14 forcalculation OurPosRate to the City I. Revenue Share for Cost Savings Realized by '.... the City as a Result of Recovery Audit 65 % I S100.000* S 65.000 r 2 Revenue Share for Cost SavingslAvoidance/Efficiencies Realized by i 65 % I 5100,000* S_ 65,000 the City as a Result of Recommendations for Future Efficiencies IIIIIIIMIIIII=S 130.000 'Basis for Allocation of Revenue Points, PROPOSERS INTERESTED II SUBMITTING PROPOSALS FDR ICRE THAN ONE AREA OF SERVICE SHALLSUBIart BCMDUAL PROPOSALS FOR EACH OF THE FOUR AREAS NOTED ABOVE FOR E:(AMPLE.6 A PROSPECTIVE PROPOSER WISHES TO BE CCNSIDEREO FOR II INSANCE POJCIES AND 2)ELEVATOR SERVICE AGREEMENTS.IT MUST SUBPAR IWO DISTINCT PROPOSALS..ONE FOR NSURANCE POt1CIES AND A SEPARATE CAE FOR ELEVATOR SERVICEAt EEMENTS SNGLE PROPOSALS FOR WIRE AREAS WNL.NOT*CONSIDERED. Company: Uti1 Auditors LLC I Authorized Representative. Welham Kurtzner,Managing Partner Address: 700 W Hillsboro Blvd Deerfield Beach FI 33441 Telephone Telep . 888-963-8479 ext 702_-.. _.—_.. Email bill@utdaud tors com _ Authorized Representatives Signature; 2018-081-JC 3 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM RESOLUTION NO. 2018-30389 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2018-081JC, FOR COST CONTROL AND RECOVERY AUDIT SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH UTIL AUDITORS, LLC, THE SOLE RANKED PROPOSER, FOR CATEGORY 1, CREDIT CARD PROCESSING; FURTHER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH PUBLIC RISK ADVISORS, THE SOLE RANKED PROPOSER, FOR CATEGORY 2, INSURANCE POLICIES; AND FURTHER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ECS BUSINESS SERVICES, THE SOLE RANKED PROPOSER, FOR CATEGORY 5, ELEVATOR SERVICES AGREEMENTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EACH OF THE SUCCESSFUL PROPOSERS UPON CONCLUSION OF NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on February 14, 2018, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 2018-OBI-JC, for Cost Control and Recovery Audit Services; and WHEREAS, the RFP was issued on February 15, 2018, with an opening date of March 29, 2018; and WHEREAS, a non-mandatory pre-proposal meeting was held on March 7, 2018; and WHEREAS, on May 7, 2018, the City Manager, via Letter to Commission (LTC) No. 256-2018, appointed an Evaluation Committee (the "Committee"); and WHEREAS, on May 4, 2018, the City received a total of four(4) proposals, three of which were deemed to be responsive proposals; and WHEREAS, the proposal received from AudiTec Solutions, Inc., was deemed non-responsive for failure to conform to the RFP submittal requirements; and WHEREAS, only one (1) proposal was received for Category 1, Credit Card Processing; only one (1) proposal was received for Category 2, Insurance Policies; and only one (1) proposal was received for Category 5, Elevator Services Agreements; and WHEREAS, no proposals were received for Category 3, Security Services, or Category 4, Shipping Services; and WHEREAS, the Committee convened on May 23, 2018 to review and score the responsive proposals received; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP; and WHEREAS, the Committee's ranking was as follows: Util Auditors, LLC, as the sole ranked proposer, for Category 1, Credit Card Processing; Public Risk Advisors, as the sole ranked proposer, for Category 2, Insurance Policies; and ECS Business Services, as the sole ranked proposer, for Category 5, Elevator Services Agreements; and WHEREAS, after reviewing all the submissions and the results of the evaluation process, the City Manager recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Util Auditors, LLC, the sole ranked proposer, for Category 1, Credit Card Processing; further, authorize the Administration to enter into negotiations with Public Risk Advisors, the sole ranked proposer, for Category 2, Insurance Policies; and further, authorize the Administration to enter into negotiations with ECS Business Services, the sole ranked proposer, for Category 5, Elevator Services Agreements. NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida hereby accept the recommendation of the of the City Manager, pursuant to Request for Proposals (RFP) No. 2018-081-JC, for Cost Control And Recovery Audit Services; authorize the Administration to enter into negotiations with Util Auditors, LLC, the sole ranked proposer, for Category 1, Credit Card Processing; further, authorize the Administration to enter into negotiations with Public Risk Advisors, the sole ranked proposer, for Category 2, Insurance Policies; and further, authorizing the Administration to enter into negotiations with ECS Business Services, the sole ranked proposer, for Category 5, Elevator Services Agreements; and further, authorize the Mayor and City Clerk to execute an agreement with each of the successful proposers, upon conclusion of negotiations by the Administration. PASSED AND ADOPTED this as- day of UN/ 2018. ATTEST: / an Gelbe , ayor 1/0L 4 k `afael E. Granado, City Clerk APPROVED AS TO FORM&LAN d tE e % %%%%%%%%%%%%r &FO- EXE' • t.N #kier i qr 5 Sre .,iontor ' ':INCORP ORATED; *j • . k o RCS 67 Resolutions- C7 E • MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: Jury 25, 2018 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2018-081- JC, FOR COST CONTROL AND RECOVERY AUDIT SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH UTIL AUDITORS, LLC, THE SOLE RANKED PROPOSER, FOR CATEGORY 1, CREDIT CARD PROCESSING; FURTHER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH PUBLIC RISK ADVISORS, THE SOLE RANKED PROPOSER, FOR CATEGORY 2, INSURANCE POLICIES; AND FURTHER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ECS BUSINESS SERVICES, THE SOLE RANKED PROPOSER, FOR CATEGORY 5, ELEVATOR SERVICES AGREEMENTS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EACH OF THE SUCCESSFUL PROPOSERS UPON CONCLUSION OF NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION Adopt the Resolution. ANALYSIS At its September 20, 2017 meeting, the Finance and Citywide Projects Committee (the "Committee") discussed engaging a Cost Reduction Consultant to identify areas where the City could recover overpayments or errors in payments in the following areas: - Credit Card Processing Services, - Insurance Policies, - Security Services, - Shipping Services, and - Elevator Services. The Committee directed the Administration to issue a solicitation for a cost reduction consultant for the five (5)areas not covered by previous reviews. The Committee also approved that the consultant should have a minimum of five (5) years' experience in performing similar work for public and/or private sector clients. The scope of services includes, but is not limited to, examination of credit card processing service fees, reviews of city invoices paid and reviews of contracts from vendors relating to the above categories of expenditures. Additionally, the consultant shall determine if over-billings have occurred and recover retroactive refunds from companies that have been overpaid. Finally, the consultant shall determine whether new contract terms beneficial to the City could be secured to Page 311 of 1464 lower the overall costs for the City, considering the net result of this review is to reduce monthly costs paid for these services. Fees paid to the awarding consultant would be based under a contingency-fees arrangement and the • City would incur no costs, since payment of fees would be based upon any savings and recoveries. RFP Process On February 14, 2018, the City Commission approved the issuance of Request for Proposals (RFP) No. 2018-081-JC, for cost control and recovery audit services. The RFP was issued on February 15, 2018. At that time, eight-hundred fifty-three (853) vendors were notified via Public Purchase of the RFP. Subsequently, eighty-four (84) vendors accessed the RFP notice via Public Purchase. A voluntary pre-proposal conference was held on March 12, 2018, and was attended by four (4) vendors. RFP responses were due and received on May 4, 2018. The City received a total of four(4) proposals for three (3) of the five (5) business categories solicited. No proposals were received for Security Services (Category 3)or Shipping Services (Category 4). The City received proposals from the following firms: • Util Auditors, LLC submitted the sole proposal for Category 1, Credit Card Processing • Public Risk Advisors submitted the sole proposal for Category 2, Insurance Policies • ECS Business Services submitted the sole proposal for Category 5, Elevator Services Agreements No responses were received for Category 3 - Security Services or Category 4 - Shipping Services. The City received a proposal from AudiTec Solutions, Inc., which was deemed non-responsive for failure to comply with the RFP submittal requirements. Additionally, the City received one (1) Statement of No Bid from Strategic Audit Solutions. On May 7, 2018, the Evaluation Committee was appointed by the City Manager pursuant to LTC# 256-2018, to consider the responsive proposal received. The Committee convened on May 23,2018 to consider the proposals received. The Committee was comprised of the following individuals: Andrew Bejel, Risk Analyst, Human Resources Department, City of Miami Beach; Elizabeth Miro, Assistant Director, Property Management Division, City of Miami Beach; Georgette Daniels, Finance Section Manager, Emergency Operations Department, City of Miami Beach; Susan Rosenthal, \Ace President for Business and Finance, Barry University; Benjamin Nussbaum, Revenue Manager, Finance Department, City of Miami Beach. The Evaluation Committee was provided an overview of the project, 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 each proposal. The Evaluation Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP.The evaluation process resulted in the ranking of proposers as indicated in Attachment A. In summary, the Evaluation Committee found that each sole proposer was qualified to perform the required services in the Category for which each had submitted a proposals, as follows: • Category 1, Credit Card Processing: Util Auditors, LLC • Category 2, Insurance Policies: Public Risk Advisors • Category 5, Elevator Services Agreements: ECS Business Services The following is a brief summary of the qualifications of the proposers based on the information each Page 312 of 1464 provided in its proposal to the City. ECS Business Services ECS Business Services specializes in auditing services for water, sewer, gas, electric, trash, and telecom bills, and other monthly fixed costs/monthly client service contracts (i.e., air conditioning and elevator agreements), insurance, credit card and payroll processing. According to their proposal and company website, ECS Business Services has been in business nineteen (19) years providing chants with services directed at reducing business costs by recovering retroactive refunds where those clients have been charged incorrect rates or tariffs. ECS Business Services' clients include hotels, hospitals, non-profit organizations and businesses of all sizes. Some of the highlights of the proposal and oral presentation submitted by ECS Business Services, as articulated by the Evaluation Committee, include: • ECS Business Services'experience and knowledge is"top notch." • Confident ECS Business Services will do a great job. • Appreciate that ECS Business Services is a local firm. • ECS Business Services seems to fully understand the scope of services. • Glad to hear that ECS Business Services has an elevator expert on the consulting team. Mil Auditors, t.LC According to their proposal, Util Auditors, LLC is a consolidated solutions provider in cost reduction and recovery. They have a successful track record of reducing monthly costs and obtaining substantial refunds from providers of electricity, gas, waste removal, telecommunications, shipping, merchant processing, water/sewer and even workers' compensation insurance nationwide. Util Auditors, LLC represent small and large organizations internationally ranging in size from single location entities into the Forbes & Fortune top 20, as well as Global 100 firms. Util Auditors, LLC is headquartered in Deerfield Beach, FL and has been in business there for the past five(5)years. Some of the highlights of the proposal and oral presentation submitted by Util Auditors, LLC, as articulated by the Evaluation Committee,include: • Util Auditors, LLC experience is impressive. • Util Auditors, LLC provide a broad range of services. • Appreciate that Util Auditors, LLC is a South Florida firm. Public Risk Advisors According to their proposal, Public Risk Advisors has been in business locally for six (6) years providing audit services of insurance policies, health and accident losses, workers compensation claims and property claims. They have extensive experience with local governments and privately held companies, lowering the total cost of risks by tens of millions of dollars. Recent public sector clients include, City of Miami, City of Hialeah, City of Doral, and Miami-Dade Public Schools. Some of the highlights of the proposal and oral presentation submitted by Public Risk Advisors, as articulated by the Evaluation Committee, include: • Public Risk Advisors has an impressive list of local government clients. • Public Risk Advisors has the industry knowledge to successfully complete the required services. • Public Risk Advisors has demonstrated capability of actually returning significant cost Page 313 of 1464 recoveries to public sector clients. CONCLUSION After reviewing all the submissions and the results of the evaluation process, although the City received a sole response to each category, I find that the proposals received are from well qualified firms that have experience in similar cost recovery/control audits. While the RFP included specifications of the work that would be required for each area, it is now important to negotiate agreements with each firm that dearly articulates the parameters of each study or cost recovery/control exercise,and how each proposer will be compensated. Therefore, I recommend that the Mayor and City Conftission approve the Resolution authoring the Administration to enter into negotiations with: Util Auditors, LLC, for Category 1, Credit Card Processing; Public Risk Advisors for Category 2, Insurance Policies; and ECS Business Services for Category 5, Elevator Services Agreements; further, authorizing the Mayor and City Clerk to execute an agreement with the successful proposer for each respective proposal category upon conclusion of negotiations by the Administration. J(EY INTENDED OUTCOMES SUPPORTED Strengthen Internal Controls To Achieve More Accountability FINANCIAL INFORMATION No grant funding will be utilized for this project. The cost of the related services are subject to funds availability approved through the City's budgeting process. Legislative Tracking Finance/Procurement ATTACHMENTS: Description o Attachment A ❑ Resolution Page 314 of 1464 RFP 2OtB-08l-JC Low Cost Con&oland Andrew m Georgette m Elizabeth w Genfamin pSusan m Aaareaate m Recovery Audit Services Bole! S Daniels Miro ,y Nussbaum.. 5 Rosenthal ,-cam P Totals (Credit Card Processing) c 1 g S g i La d d UM Auditors,LLC 95.00 1 90.00 1 90 00 1 91 00 1 100.00 1 5 1 Proposer Reven Proposed Maxi Points Total P ints Awarded WI Auditors. LLC CI3000000 35 35 Page 315 of 1464 Bul)luej 1- 11 \ '/ . : ^^ < 1 \ \ 8818884 t }`\ / \ \ L \ ( , ccr 1 .,:.1 \ d% f [ al Buimue/ , ° \ Nit , , # § . a 8E, ocg go ) � 4,1 ƒ\ . » ! ) dƒ\ RFP 2018481JCLow m Cost Centro and Recovery Audll Andrew w G Georgette Elizabeth re 011111amin m Susan. g Aureate 9 Services Betel 11 Daniels c Miro t Nussbaum Remittal Total§ 5 (Malmo PcBeiesl a - g a i G Public Risk Advisors 9000 1 85.00 1 95.00 1 94.00 1 I 98 CD 1 5 1 .:. ..m"4�6�77oaoeei[$,(rfE�auSRlttaalv6 ' 1 l ` ne ar i_}w,. rc �� .. 555 Propane P Proposed MaxPoints 1 Total Points marina PAd[a rs $100000 CO 35 35 Page 317 of 1464 ATTACHMENT B REQUEST FOR PORPOSAL (RFP) AND ADDENDUMS MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139,www.miamibeachfl.ncv PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 4 RFP 2018-081-JC COST CONTROL AND RECOVERY AUDIT SERVICES April 20, 2018 This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. MODIFICATIONS: 1. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 PM on Friday, May 4, 2018, at the following location; City of Miami Beach, Procurement Department, 1755 Meridian Ave, 3rd Floor, Miami Beach, FL 33139. II. ANSWERS TO QUESTIONS RECEIVED. Q1: Clarification as to the annual spend in the 5 categories, and what years will be subject to the audit? Al: To be determined with the selected consultant. May vary by area. Q2: What is the number of transactions for each of the 5 areas? A2: Unknown at this time. Q3: What is the estimated cost recovery or savings in dollars for each of the 5 areas? A3: To be determined with the selected consultant. Q4: What if the vendor provides a credit, will that still count as a percentage of our fee recovery? A4: Only actual reimbursement to the City can be considered. Q5: Is the Fee recovery on what is identified, or what is actually reimbursed back to the City of Miami? A5: Actual reimbursement to the City. Q6: How will the total.dollar "savings be calculated" e.g. errors, duplications, credits and/or actual cash fee paid back to the City of Miami? I ( ADDENDUM NO.4 RFP 2018-081-JC AG: Actual reimbursement to the City. 07: Will the contingent fees be paid on a quarterly basis or what is the expected payment schedule? A7: There will be no contingent fees authorized. Payment to the consultant will be within 30 days of actual reimbursement to the City.• 08: Can Telecom/Data expenses, Linen Services expenses Cost Control and Audit Services be submitted individually as "Value Added Services" under the 3.2 request for Value Added Services? ' A8: Yes. Q9: Is there a possibility of having an amendment to the RFP to include Telecom and Data Expense Audit and Recovery and Linen Services Audit and Recovery? A9: No. Q10: Clarification as to the #of"distinct" bidding proposals for each category? A10: Proposers interested in submitting proposals for more than one area of service shall submit separate, individual proposals for each respective service area. Q11: Clarification as to the requirement of a no bid form in the event the proposer decides not to bid on any category? All: Proposers shall indicate in the proposal cover letter the expenditure area(s) for which a proposal is being submitted. Statement of"no bid" is to be utilized when a firm will not be submitting a bid for the project. Q12: Clarification as to the public sector requirement (page 28) and similar size and nature (page 20) requirement which conflict w/the requirement on page 13? Al2: The minimum eligibility requirement (page 28) and qualifications requested in Tab 2 (page 13) allow the proposer to submit supporting information pertaining to either public or corporate clients. 013: Clarification as to page 14, Tab 3 on "how proposer will achieve each portion of the scope of the services" Certainly CMB does not wish to become proficient in the auditing business? A13: Do not understand the question. Q14: Clarification as to the practical difference between the Revenue Share for Cost Savings and Revenue Share for Cost. Savings/Avoidance/Efficiencies found in the Revenue Proposal Form, Appendix D for each of the 5 categories? A14: Revenue share for cost savings (Cost Proposal Form, Item 1), refers to monies actually recovered as a result of identifying overbillings and overpayments. Revenue share for cost savings/avoidance/efficiencies 2IADDENDUM NO.4 RFP 2018-081-JC (Cost Proposal Form, Item 2), refers to future monies actually saved and/or avoided as a result of recommendations. Q15: For support of the "experience" is it adequate to show that we have audited successfully in the past not specifically in the 5 areas noted in the RFP? A15: The City requires that proposers demonstrate experience providing similar scope of services to public or private sector agencies, for the given service area(s) for which a proposal is submitted. 016: Who is responsible to recover the fees once identified? We are assuming the RFP is only requesting that we identify errors, duplications? A16: The awarded firm(s) is responsible to recover retroactive refunds from companies where overpayment has occurred. Please see C2 Statement of Work on page 28 of the ITN, and 05 herein. Q17: The RFP references "four" areas in some places (e.g., pg. 3) and "five distinct areas" elsewhere. which is correct? I assume the reference to five is correct? A17: Five is the correct number of groups, identified as follows: 1)Credit Card Processing, 2)Insurance Policies, 3)Security Services, 4)Shipping, and 5)Elevator Service Agreements. III. ADDITIONS. The following scope of services requirements have been added to the RFP under Group 2, Insurance Policies, as underlined below: Group 2. Insurance Policies A. Perform Total Cost of Risk ("TCOR") Analysis for City of Miami Beach property and liability exposures: • Review City source documents including budget, claims summaries insurance retentions, vendor contracts and actuarial reports to develop quantitative measure of TCOR. • Study historical TCOR over 3 to 5 year period. '.. • Study to include risk financing (insurance premiums, commissions), claim costs (deductibles, self-insured claims, TPA costs), and Administration (internal and external costs to administer the program). • Prepare and provide TCOR document to the City. Review property and casualty insurance program • Insurance coverage analysis including adequacy of coverage levels identification of coverage deficiencies, and recommend coverage enhancements. Consultant will focus on dependent risks such as loss of business income sources (taxes and other revenue funds). 3IADDENDUM NO.4 RFP 2018-081-JC • Work with staff to implement short-term program management enhancements if needed. • Evaluate property and casualty insurance procurement methodology: • Review current purchasing methodology of insurance and existing vendor agreements. • Meet with Procurement and Risk to discuss processes and unique nature of purchasing insurance. • Provide City with written recommendations on purchasing strategies for insurance that increase the City's purchasing power and result in lower costs to the City. • Generate specifications to enable City to maximize purchasing power. Documents to be provided by the City: . • Budget documents • Insurance Policies • Applications • Loss Runs • Actuarial Studies • Vendor agreements i Additional questions received will be answered in a forthcoming addendum. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at Rafael G ran ado(u7q.mia m ibea chfl.qov. Procurement Contact: Telephone: Email: Jason Crouch 305-673-7000, ext. 6694 JasonCrouchtamiamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Sin ly, Ale D ' Procurement Director 4 I ADDENDUM N0.4 RFP 2018-081-JC MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3i° Floor, Miami Beach, Florida 33139, www.miamibeachfl.qov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 3 RFP 2018-081-JC COST CONTROL AND RECOVERY AUDIT SERVICES April 5, 2018 This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. MODIFICATIONS. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 PM, on Thursday, April 26, 2018, at the following location: City of Miami Beach, Procurement Department, 1755 Meridian Ave, 3rFloor, Miami Beach, FL 33139. Additional questions received will be answered in a forthcoming addendum. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at R a fa e I G ra n a d o no,m i a m i b e a c hf I.q ov. Procurement Contact: Telephone: Email: Jason Crouch 305-673-7000, ext. 6694 JasonCrouch(ahmiamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Sinncce�relly, lAZ^ Alex Denis Procurement Director 1 I ADDENDUM NO.3 RFP 2018-081-JC MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3`d Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 2 RFP 2018-081-JC COST CONTROL AND RECOVERY AUDIT SERVICES ---._-- 4 March 21, 2018 -- — ---- --- --- — '. This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. MODIFICATIONS: �, 1. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 PM, on Thursday, April 12, 2018, at the following location: City of Miami Beach, Procurement Department, 1755 Meridian Ave, 3rtl Floor, Miami Beach, FL 33139. • Additional questions received will be answered in a forthcoming addendum. Any questions regarding this Addendum should be submitted in writing to-the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado u@miamibeachfl.cloy. Procurement Contact: Telephone: Email: Jason Croudh 305-673-7000, ext. 6694 JasonCrouch@miamibeachfl.gov I P prsers are reminded to acknowledge receipt of this addendum as part of your RFP s ,issio . .- Si f e �`� /6K. Alex Denis Procurement Director 1IADDENDUM NO.2 RFP 2018-081-JC MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue, 3`d Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. -" ADDENDUM NO. 1----"— -- I RFP 2018-081-JC COST CONTROL AND RECOVERY AUDIT SERVICES March 1, 2018 This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. MODIFICATIONS: 1. PRE-PROPOSAL MEETING DATE AND TIME. The pre-proposal meeting has been rescheduled for 10:00 AM, on Monday, March 12, 2018, at the following location: City of Miami Beach, Procurement Department, 1755 Meridian Ave, 3`d Floor, Miami Beach, FL 33139. Additional questions received will be answered in a forthcoming addendum. Any questions 'I regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at Rafael G ranado(a m i am ibea chfl.qov. Procurement Contact: Telephone: Email: Jason Crouch 305-673-7000, ext. 6694 JasonCrouch@miamibeachfl.gov ,i Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. rSi e ly, RLA p�, P lex D s rocu ent Director 7IADDENDUM NO. 1 RFP 2018-081-JC REQUEST FOR PROPOSALS (RFP) COST CONTROL AND RECOVERY AUDIT SERVICES 2018-081-1C RFP ISSUANCE DATE: FEBRUARY 15, 2018 PROPOSALS DUE: MARCH 29, 2018 AT 3:00 PM ISSUED BY: ., , AAA ( H Jason Crouch, Procurement Contracting Officer PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3'd Floor, Miami Beach, FL 33139 305.673.7000 x 6694 lasonCrouch@miamibeachfl.gov I www.miamibeachfl.gov MIA BEAC H TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 PROPOSAL EVALUATION 15 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 17 APPENDIX B "NO PROPOSAL" FORM 24 APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS 26 APPENDIX D REVENUE PROPOSAL FORM 33 APPENDIX E INSURANCE REQUIREMENTS 39 2018-081-it 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently,the successful Proposer(s) (the"confractor[s1") if this RFP results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City periodically requests reviews of areas of expenditure to assure that invoiced costs are consistent with contract rates, and to recover any overcharges that may have occurred. Through this RFP, the City is requesting proposals from qualified firms experienced in cost control and recovery audit services to perform a review of the following areas of expenditure: • Credit Card Processing; • Insurance Policies; • Security Services; • Shipping(e.g., Fedex, UPS); • Elevator Service Agreements. The specifics of the work in the areas noted above is further defined in Appendix C.Additionally,the City is also interested in recommendations for reducing future costs in any of the areas noted above. The City expects to incur no expenses as a result of this RFP. 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. PROPOSERS INTERESTED IN SUBMITTING PROPOSALS FOR MORE THAN ONE AREA OF SERVICE SHALL SUBMIT INDIVIDUAL PROPOSALS FOR EACH OF THE FOUR AREAS NOTED ABOVE. FOR EXAMPLE, IF A PROSPECTIVE PROPOSER WISHES TO BE CONSIDERED FOR 1) INSURANCE POLICIES AND 2) ELEVATOR SERVICE AGREEMENTS IT MUST SUBMIT TWO DISTINCT PROPOSALS—ONE FOR INSURANCE POLICIES AND A SEPARATE ONE FOR ELEVATOR SERVICE AGREEMENTS SINGLE PROPOSALS FOR MULTIPLE AREAS WILL NOT BE CONSIDERED. 2018-081-JC 3 MI AMI BEACH 3.ANTICIPATED RFP TIMETABLE.The tentative schedule for this solicitation is as follows: RFP Issued February 15,2018 Pre-Proposal Meeting March 7, 2018 at 10:00 AM Deadline for Receipt of Questions March 19,2018 at 5:00 PM Responses Due March 29,2018 at 3:00 PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Negotiations 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact. Telephone: Email: Jason Crouch 305.673.7000 x 6694 JasonCrouch. miamibeachfl..ov additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado• miamibeachfl..ov: or via facsimile: 786-394-4188. The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE-PROPOSAL MEETING OR SITE VISIT(S).Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3b Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 2018-081-JC 4 .^,IA;'v1 BEACH 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFP by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal.Written questions should be received no later than the date outlined in the Anticipated RFP Timetable section. 7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranadono-miamibeachf uov 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.mia mibeachfi.govlprocu re mentlscroll.aspx?id=79113 CONE OF SILENCE CITY CODE SECTION 21B6 PROTEST PROCEDURES CITY CODE SECTION 2-371 DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-4853 LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-188 REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR CITY CODE SECTION 2-373 DOMESTIC PARTNERS LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY CITY CODE SECTION 2-374 VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2449 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS.This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 2018-O81-JC 5 P✓'�W�'Jt BEACH 11. DEBARMENT ORDINANCE: This RFP is subject to, and all proposers are expected to be or become familiar with,the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879,the Proposer shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14. AMERICAN WITH DISABILITIES ACT (ADAI. Call 305-673-7490 to request material in accessible format; sign language interpreters(five (5)days in advance when possible),or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. JOINT VENTURES. Joint Ventures are not allowed. Proposals shall be submitted only by the prime contractor who will serve as the CMR. The City will only contract with the prime contractor who will serve as the CMR. Proposals may, however, identify other sub-contractors or sub-consultants to the prime Proposer who may serve as team members. 18.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374,the City shall give a preference to a responsive and responsible Proposer 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 responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFP, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals 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. 2018-081-JC. 6 V IANA,1 BEACH. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1)The ability,capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified,without delay or interference. (3)The character, integrity, reputation,judgment,experience and efficiency of the Proposer. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to;approved by the City; and executed by the parties. 21. POSTPONEMENTICANCELLATION/ACCEPTANCEIREJECTION. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty(120) calendar days after proposal opening date.A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Procurement Department prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23.COSTS INCURRED BY PROPOSERS.All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense)of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 2018-081-JC 7 �IA '.ABEACH 24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 26.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications,free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents,from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device,or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission,or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated,trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. 2018-0814L 8 v1. AM! BEACH Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer,or its officers,employees, contractors, and/or agents,for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Proposers facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F.The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier,which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation,without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer(s) is in agreement,other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 2018-081-JC 9 M.ARA J BEACH 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation;then B. Addendum issued for this solicitation,with the latest Addendum taking precedence;then C. The solicitation;then D. The Proposer's proposal in response to the solicitation. 40. INDEMNIFICATION.The Proposer shall indemnify and hold harmless the City and its officers,employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City,where applicable, including appellate proceedings,and shall pay all costs,judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 2018-681-JC 10 MIA/MI BEACH 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with,and comply with,all Federal,State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, 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 Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates. 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date,and letters of withdrawal received after contract award will not be considered. 46. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP,and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to(as said term and/or condition was originally set forth on the RFP). 47.ACCEPTANCE OF GIFTS, FAVORS,SERVICES. Proposers shall not offer any gratuities, favors,or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 48. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFP solicitation process,unless otherwise noted herein. 49. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s)that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases,the City may deem it necessary to add additional items through a formal amendment to the Contract,to be approved by the City Manager. 32018-081-1C I I MIAMI BEACH The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page Intentionally Left Blank 2018-081-JC 12 A AiBEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically,either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,natural or otherwise. 3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non-responsive and will not be considered. PROPOSERS INTERESTED IN SUBMITTING PROPOSALS FOR MORE THAN ONE AREA OF SERVICE SHALL SUBMIT INDIVIDUAL PROPOSALS FOR EACH OF THE FOUR AREAS. NOTED ABOVE. FOR EXAMPLE IF A PROSPECTIVE PROPOSER WISHES TO BE CONSIDERED FOR 1) INSURANCE' POLICIES AND 2) ELEVATOR. SERVICE AGREEMENTS, IT. MUST SUBMIT TWO DISTINCT PROPOSALS—ONE FOR INSURANCE POLICIES AND A SEPARATE ONE FOR ELEVATOR SERVICE AGREEMENTS. '.. SINGLE PROPOSALS FOR MULTIPLE.AREAS WILL.NOT BE CONSIDERED. Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate for which service area (Credit Card Processing, Insurance Policies, Security Services, Shipping or Elevator Service Agreements) the proposal is submitted and the Proposer's and Proposer's Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire &Requirements Affidavit(Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. Experience&Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public or private sector agencies. Submit at least three (3) projects within the last five (5) years where the Proposer has performed services similar to the scope of this RFP for a public sector agency and provide details and outcomes of the services provided. 2.1.1. For each project that the Proposer submits as evidence of similar experience, the following is required: project description, agency name, state whether private or public, agency contact, contact telephone&email,and year(s)and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be 2018-081-JC 13 Ml.AMI BEACH used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. 2.3 Financial Capacity. Upon request by the City, Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https:Ilsupplierportal.dnb.comlwebapniwcslstoresIservlet/SupplierPortalTstoreld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer 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. TAB 3 Scole of Services Pro.osed For the area of service selected (Credit Card Processing, Insurance Policies, Security Services, Shipping, or Elevator Service Agreements), provide the following information: 3.1. Cost Recovery. Submit detailed information addressing how Proposer will achieve each portion of the scope of services outlined in Appendix C, Minimum Requirements and Specifications, for Cost Recovery (Bill Audit). 3.2. Cost Reductions. Submit detailed information addressing how Proposer will achieve each portion of the scope of services outlined in Appendix C, Minimum Requirements and Specifications, for future Cost Reductions. 3.2 Value Added Services. Submit detailed information addressing any value added services that the Proposer is proposing relating to the objectives of the RFP. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to comdele a full review and score the pro lased scope of services. Revenue Proposal Revenue a completed Revenue Proposal Form(Appendix D). Balance of Page Intentionally Left Blank 2018-08I-JC 14 IV AiV1BEACH 4. REQUIRED INFORMATION. After proposal submittal, the City reserves the right to request any documentation omitted,with exception of the following: 4.1.Proposal Certification, Questionnaire&Requirements Affidavit; 4.2. Revenue/Cost Proposal Form(Appendix D); and 4.3. Bid Bond if a..iicable Proposals that fail to include completed and executed 1) Proposal Certification, Questionnaire& Requirements Affidavit,2)Revenue)Cost Proposal Form (Appendix D), and 3) Bid Bond (if applicable), shall be deemed non-responsive and shall not be considered. Additionally, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). Balance of Page Intentionally Left Blank 2018-081-JC 15 SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee.An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Procurement Department. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all proposals received,with or without conducting interview sessions. Step 1 -Qualitative Criteria Maximum Points Proposer Experience and Qualifications 30 Scope of Services Proposed 15 Approach and Methodology 20 TOTAL AVAILABLE STEP 1 POINTS 65 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Procurement Department to those points earned in Step 1,as follows. • Step 2-Quantitative Criteria Maximum Points Revenue Proposal 35 Veterans Preference 5 2018-O81-JC 16 4. Revenue Proposal Evaluation. The revenue proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Revenue Points Example Maximum Formula for Calculating Points ' Total Points Vendor Allowable Points (cost of proposal being evaluated/ Awarded Vendor Revenue (Points noted are for illustrative highest revenue proposal X (Rounded to Proposal purposes only.Actual points are maximum allowable points= nearest whole noted above) awarded points) number) VendorA $200 20 $2001$200X20=20 20 VendorB $150 20 $1501$200X20=15 15 VendorC $100 20 $1001$200X20=10 10 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Procurement Department. Step 1 and 2 scores will be convened to rankings in accordance with the example below: Proposer A Proposer B Proposer C a.,r,ll. Ste• 1 Points 82 76 80 Committee Ste.2 Points 22 15 12 Member 1 Total 104 91 92 1 3 Sillailln Ste• 1 Points 79 85 72 Committee Ste.2 Points 22 15 12 member Total 101 100 84 Rank.. • 1 a 3 Ste• 1 Points 80 74 66 Committee Ste•2 Points 22 15 12 Member2 Total 102 89 78 1 2 Mel Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. 2018-O81-it 17 APPENDIX A 1 1 � Proposal Certification , Questionnaire & Requirements Affidavit RFP 2018-081 -JC COST CONTROL AND RECOVERY AUDIT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018-081-IC 18 Solicitation No: Solicitation Title: 2018-081-JC Cost Control and Recovery Audit Services Procurement Contact: Tel- Email: Jason Crouch 305.673.7000 x 6694 JasonCrouch@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERSI: CITY: STATE: ZIP CODE: TELEPHONE NO: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE. PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.. ACCOUNT REP TOLL FREE N0: ACCOUNT REP EMAIL: FEDERAL TM IDENTIFICATION NO.: The City reserves the dght to seek additional information from Proposer or other source(s),including but not limited to:any firm or principal information, applicable licensure,resumes of relevant individuals,client information,financial information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 19 2018-081-JC 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.NI Proposers must disclose,in their Proposal,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 Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers 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. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contacts Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate whc has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or within five(5)days upon receipt of request.The Code shall,at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firms Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at htto'Jlwww.miamibeachfl.govlcity-halllprocuremenvprocurement-related-ordinance-and-procedures) benefits: 20 2018-081-JC benefits: s 8. 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 proposals,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. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO c. 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. BENEFIT Firm Proviaes for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer 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 (attached)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 httoa/www.miamibeachfl.govlcity-halllorocuremen&pracurement-related-ordinance-and- procedures/ 21 2018-081-JC 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting, divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi,nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement.Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii)prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer 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. 13. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer 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. Initial to Confirm Initial to Confirm Initial to 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. 22 2018-081-1C DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals,and may accept proposals which deviate from the solicitation.as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 23 2018-081-JC PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto,and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposers Aolhonzed Representative. Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Oate'. State of FLORIDA ) On this day of ,20 ,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed.Before me: Notary Public for the State of Florida My Commission Expires: 24 2018-081-JC APPENDIX B A �� a „/ _w if y >9 666 r�E � m1/ i i J l 1 I � "Y w+ d✓ a r " No Bid " Form RFP 2018-081 -JC COST CONTROL AND RECOVERY AUDIT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note; It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached. "Statement of No Bid."The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may..result in not being notified of future solicitations by the City. 2018-081-1C 25 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond _Specifications unclear or too restrictive Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do do not want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: Jason Crouch RFP#2018-081-JC 1755 MERIDIAN AVENUE, 3r° FLOOR MIAMI BEACH, FL 33139 1018-081-1C 26 APPENDIX C 1 $ LA'3 Minimum Requirements & Specifications RFP 2018-081 -JC COST CONTROL AND RECOVERY AUDIT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018-081-JC 27 Cl. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. 1. Proposer must have been in business for at least five (5) years providing services similar to the service area (Credit Card Processing, Insurance Policies, Security Services, Shipping, or Elevator Service Agreements) for which proposal has been submitted for public or corporate clients. SUBMITTAL REQUIREMENT. Submit information on one or more clients that documents the above requirement. For each client submitted, provide the following information: client name; client contact, telephone & email; description of services provided and term of engagement. C2.Statement of Work Required. The City is seeking proposals from qualified cost control and recovery audit firms to engage in a comprehensive review and analysis of five (5) distinct business categories, as follows: Group 1: Credit Card Processing; Group 2: Insurance Policies; Group 3: Security Services; Group 4: Shipping Services(e.g., Fedex, UPS);Group 5: Elevator Services. The scope of services shall include review of City invoices paid and inspection of contracts for the above categories of expenditures, in order to determine if over-billings have occurred, and subsequently recover retroactive refunds from companies where overpaid. The City expects this project to reduce monthly costs paid for services within the respective categories. The selected firm(s) shall also identify areas of services that are redundant or no longer needed, and make recommendations to rationalize the services therein. Additionally, the analysis shall determine whether new contract terms beneficial to the City could be secured to lower the City's associated costs.The proposer shall have no financial relationship with any recommended service providers. Fees paid to the selected firm(s) shall be based on a percentage of the recovered costs identified in Appendix D, Revenue Proposal Form. The City expects to incur no expenses as a result of this RFP. Proposers may, but are not required to, submit a proposal for each identified group; however, a separate proposal is required for each group submitted for consideration. Group 1. Credit Card Processing The City is requesting proposals from qualified firms to perform cost control and recovery audit services of the City's credit card processing services. The City uses several credit card processors to process payments made to the City by credit card. Processing fees are paid to the credit card processor by transaction and determined by credit card type and credit card issuer. Fees are charged net of revenue credit received by the City, or taken out the City's bank account via ACH. The foregoing is also applicable to debit cards. The majority of service is provided by FirstData; however, several other providers are used, on an as-needed basis, depending on limitations of the operations-specific program software required to 2018-081-Th 28 interface with FirstData, our preferred provider. Current annual expenditures are approximately $2.5-$3 million. The selected firm(s)will audit,at a minimum,fees charged by the credit card processors. Group 2. Insurance Policies The City is requesting proposals from qualified firms to perform cost control and recovery audit services of medical plan and workers'compensation programs,as described below: A. Medical Administrative Services Only(ASO): The City provides a comprehensive benefits package to employees, retirees and their families. We are self-insured for medical benefits and pharmacy benefits which are administered by Cigna Healthcare. There were three medical plans and a pharmacy plan offered during the 2017 plan year (Open Access Plus — In Network, PPO standard and PPO premium). Additionally, the City purchases stop loss coverage through Symetra. Large claims are coordinated with Cigna and Symetra. The audit shall be conducted for plan year October 1, 2016 thru September 30, 2017. During that plan year there were 1615 plan members and 680 dependents. The intended purpose of the medical audit is to ensure that the City pays only covered services that are appropriate, justified and in accordance with the plan documents and procedures. The audit services shall review the Cigna ASO agreement, pharmacy agreement, performance guarantee agreement, stop loss policy and benefit plan summary documents for comparison to actual application of benefits. The audit sample should include random and targeted claims for the following operations: 1. Correct application of deductibles, copayments, coinsurance, out-of-pocket maximums, fee schedules, and coverage. 2. Members are receiving accurate information in a timely manner. 3. Providing accurate statistical reports to the City. 4. Assure correct process is followed for determining network discounts and allowances for out-of-state providers. 5. Determine that the correct network is utilized for out-of-state providers. 6. Determine timeliness of claims payment and other provider satisfaction issues. 7. Assure that Cigna has correctly interpreted the City's eligibility records and loaded those onto the claim processing system accordingly, i.e. confirm eligibility, primary vs. secondary coverage, etc. 8. Review of records, policies and procedures, staffing as compared to industry best practices and/or benchmarks. 9. Determination of whether controls and procedures are adequate. 10. Opportunities to automate procedures. 11. Suggestions on how to enhance productivity. 12. Recommended changes to improve operations and administration to achieve savings and improve efficiency and effectiveness. 13. Recommendations regarding redundant, inefficient,or burdensome activities. 2018-081-1C. 29 14. Any other matters identified by the Contractor that may strengthen the financial integrity of the Plan or Plan benefits. B. Workers'Compensation Third Party Administrator(TPA): The City workers' compensation program is administered by Corvel who provides daily management and administration of necessary medical benefits, expenses and other services usual and customary workers' compensation claims, in compliance with Chapter 440, Florida Statute. There are approximately 2,000 full-time employees working for the City of Miami Beach, including police and fire. As of September 30, 2017, the claim count for all claims during the 2017 fiscal year is 278(open and closed). The audit services shall review the Corvel agreement, Service Instructions and State procedures to report on contractual obligations and performance standards,as following: • Indemnity payments • Case ManagemenUTelephonic Fees • Bill Review Fees • • Reserve calculation worksheets on lost time files in excess of$10,000 in incurred value • Three-point contact(employee, employer, physician)on medical only and indemnity claims initiated within 24-hours and completed within 48 hours • Medical bills paid within forty-five(45)days of receipt • State claim forms filed timely and accurately • Other items that may be valuable to this audit Performance Guarantees 1. Provide any Performance Guarantee your firm offers, including performance metric(s), service level(s)and fees at risk. 2. What is the expected Return on Investment(ROI)for City of Miami Beach's medical audit? Workers'Compensation audit? 3. Explain how the City's ROI will be calculated. 4. Provide sample ROls for similar groups that your company has worked with in the past. Data Exchange/Reporting 1. Describe the process used to collect data for the audit medical and workers' compensation audit services. Are there any required formats? 2. Can you present the results of the audit during an in-person visit with the City? If so, is there an additional cost for this service? HIPPA Proposal shall affirm that the Proposer agrees to the following: Vendor Response a. If you were provided any individually identifiable health Q Yes 2018-081-1C 30 information (IIHI)by the City in order to price this bid, you Q No are prohibited from using the IIHI for any purpose other than as required by law and further, agree to promptly destroy such IIHI if you are NOT the successful Proposer? b. If you receive IIHI from the City or the City's business QYes partners in order to perform other activities relating to the Q No audit of a contract of health insurance or health benefits, that you will protect such IIHI as required by HIPPA Privacy regulations? 1. Are you aware of any complaints that have been filed against your organization regarding HIPPA EDI or Privacy? 2. Indicate the name and title of your firm's Privacy Officer. 3. If the City wants to transmit or receive electronic protected health information (ePHI) with your organization,what protocol or methods will be required? 4. You are willing to sign a contract with the City that indicates your firm will pay fines the City may be assessed as a result of your firm's noncompliance with HIPPA EDI, Privacy and Security regulations. Additional Requirements • Contractor must be available to review and respond to appeals that may arise pursuant to the audit within sixty(60)days of the date of the appeal. • All plan policies, procedures and agreements will be provided. • Claims data for medical and workers'compensation will be received from TPAs(Cigna and Corvel). • The audit population will include both in-state and out-of-state providers. • This audit will be performed with HIPPA compliance and as such all Personal Health Information (PHI)will be confidential. • As audit work proceeds,the Contractor shall provide monthly activity reports describing the status and progress towards completing the audit assignment. • Contractor will provide such other services that may be necessary to accomplish the desired objectives of the audit. Group 3. Security Services The selected firm(s) will review financial documents and payroll records, as well as records maintained on electronic sign-in devices. The audit shall identify billing errors and other 2018-081-1C 31 discrepancies for cost recovery purposes.The selected firm(s), upon completion, shall evaluate the overall state of Security Services,and make recommendations related to future services. The audit should include, but not be limited to the following services: 1. Electronic sign-in devices/Log Books; 2. Scheduling software; 3. Time sheets; 4. Guard tour system device reports; 5. Invoicing of vehicles,golf carts, and personnel; 6. Rate invoiced amounts versus contract amount. Group 4. Shipping (Fedex 1 UPS) The selected firm(s) will review shipping and receiving invoices, to include small and large parcel freight, carrier delivery and weight records, delivery charges and surcharges, late shipments, and packages with no proof of delivery. The audit shall identify billing errors, discrepancies, overcharges, and related opportunities for cost recovery purposes. The selected firm(s), upon completion, shall make recommendations related to the City's utilization of current carrier relationships and considerations for future spend management. The audit should include,but not be limited to the following carrier shipping services: 1. FedEx; 2. UPS; 3. USPS; 4. DHL; 5. Miscellaneous 3PL providers. Group 5. Elevator Service Agreements The City of Miami Beach establishes elevator service maintenance contracts to provide the City with various routine maintenance services, and for repairs not covered by maintenance, to the City's fleet of elevators. The City's fleet is segmented within four(4) distinct groups, as follows: 1) Parking, 2) North, 3) South, and 4) RDA. For non-routine engagements that may include major refurbishments and modernizations, as well as installation of new equipment, the City may select from a prequalified pool of contractors awarded in the agreement. The purpose of the audit is to ensure that the City pays for appropriate services rendered and in accordance with the contract terms. The audit firm will review elevator maintenance agreements, invoices, fee schedules and annual expenditures. Furthermore, the audit shall identify and determine if new contract terms are needed to secure lower overall costs for the City. The audit shall sample random invoices for maintenance and repairs for each segmented group. Invoices for non-routine engagements that include refurbishments and installation of new equipment shall also be randomly sampled. The audit shall seek to review billing accuracy of the following: • Maintenance rates are consistent with fee schedules and locations • Accuracy of billed repairs. Such repairs shall not include items generally covered under the maintenance scope as defined in the contract. Items identified as corresponding to routine maintenance and billed as repairs shall be flagged. 2018-0814C 32 • Rates for labor hours, both regular and overtime are billed according to contract. Total hours related to repairs shall be analyzed and verified. • Rates for materials shall be analyzed for accuracy, including market price and markup. 2018-081-1C 33 APPENDIX D P Revenue Proposal Form RFP 2018-081 -JC COST CONTROL AND RECOVERY AUDIT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018-081-1C 34 APPENDIX D-1 CREDIT CARD PROCESSING REVENUE PROPOSAL FORM Failure to submit the Revenue Proposal Form,in its entirety and fully executed,by the deadline established for the receipt of proposals will result in proposal bein• deemed non-res Ionsive and being re'ected. Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no claim will be made on account of any increase in research costs, wages, material prices, delivery delays, taxes, insurance,cost indexes or on any other account. The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal Form shall be initialed. 'Group 1: Proposed Gross Net Revenue Credit Card Description Revenue Savings to the City Processing Sharing riot' calculation purRate to the City 1. Revenue Share for Cost Savings Realized by the City as a Result of Recovery Audit _% $100,000* $ 2. Revenue Share for Cost Savings/Avoidance/Efficiencies Realized by % $100,000* $ the City as a Result of Recommendations for Future Efficiencies 1Total Net Revenue to the City* $ 1Basis for Allocation of Revenue Points. PROPOSERS INTERESTED IN SUBMITTING PROPOSALS FOR MORE THAN ONE AREA OF SERVICE SHALL SUBMIT INONIDUUAL PROPOSALS FOR EACH OF THE FOUR AREAS NOTED ABOVE FOR EXAMPLE,IF A PROSPECTIVE PROPOSER WISHES'TO BE CONSIDERED FOR I]INSURANCE POLICIES AND 21 ELEVATOR SERVICE AGREEMENTS IT MUST SUBMIT TWO DISTINCT PROPOSALS—ONE FOR INSURANCE POLICIES AND A SEPARATE ONE FOR ELEVATOR SERVICE AGREEMENTS SINGLE PROPOSALS FOR MULTIPLE AREAS WILL NOT BE CONSIDERED. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 2018-081-JC 35 APPENDIX D-2 INSURANCE POLICIES REVENUE PROPOSAL FORM Failure to submit the Revenue Proposal Form,in its entirety and fully executed, by the deadline established for the receipt of •roposals will result in proposal bein deemed non-responsive and being re'ected. Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no claim will be made on account of any increase in research costs, wages, material prices, delivery delays, taxes, insurance,cost indexes or on any other account. The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal Form shall be initialed. Group 2: Proposed Gross Net Revenue Insurance Description Revenue Savings to the City Policies Sharing Ip'urposlP5'on'�yI Ratetothe City 1. Revenue Share for Cost Savings Realized by the City as a Result of Recovery Audit % $100,000` $ 2. Revenue Share for Cost Savings/Avoidance/Efficiencies Realized by % $100,000' $ the City as a Result of Recommendations for Future Efficiencies 'Total Net Revenue to the City* $ 'Basis for Allocation of Revenue Points. PROPOSERS INTERESTED W SUBMITTING PROPOSALS FOR MORE THANONE..AREA OF SERVICE SHALL SUBMIT INDIVIDUAL PROPOSALS FOFtEACH OF THE FOUR AREAS NOTED ABOVE.FOR EIIAMPLE.IFA PROSPECTIVE PROPOSER WISHES TO BE CONSIDERED FOR 1)INSURANCE POLICIES AND 21 ELEVATOR SERVICE AGREEMENTS,IT MUST SUBMIT TWO DISTINCT PROPOSALS-ONE FOR INSURANCE POLICIES AND A SEPARATE ONE FOR ELEVATOR SERVICE AGREEMENTS. SINGLE PROPOSALS FOR MULTIPLE AREAS WILLNOT BE CONSIDERED. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 2018-081-1C 36 APPENDIX D-3 SECURITY SERVICES REVENUE PROPOSAL FORM Failure to submit the Revenue Proposal Form,in its entirety and fully executed,by the deadline established for the recei rt of proposals will result in proposal beinr deemed non-responsive and beinr re acted. Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no claim will be made on account of any increase in research costs, wages, material prices, delivery delays, taxes,insurance, cost indexes or on any other account. The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal Form shall be initialed. Group 3: - Proposed Gross Net Revenue Security Description Revenue Savings to the City Sharing for calculation Servicespurposes only) Rate to the City 1. Revenue Share for Cost Savings Realized by the City as a Result of Recovery Audit % $100,000 $ 2. Revenue Share for Cost Savings/AvoidancelEffciencies Realized by the % $100,000 $ City as a Result of Recommendations for Future Efficiencies 'Total Net Revenue to the City $ 'Basis for Allocation of Revenue Points. PROPOSERS INTERESTED IN SUBMITTING PROPOSALS FOR MORE THAN ONE AREA OF SERVICE SHALL SUBMIT INDIVIDUAL PROPOSALS FOR EACH OF THE FOUR AREAS NOTED ABOVE FOR EXAMPLE,IF A PROSPECTIVE.PROPOSER WISHES TO BE CONSIDERED FOR 1)INSURANCE POLICIES AND 2)ELEVATOR SERVICE AGREEMENTS IT MUST SUBMIT TWO DISTINCT PROPOSALS—ONE FOR INSURANCE POLICIES AND A SEPARATE ONE FOR ELEVATOR SERVICE AGREEMENTS SINGLE PROPOSALS FORMULTIPLE AREAS WILL NOT BE CONSIDERED. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 2018-0814C 37 APPENDIX D-4 SHIPPING SERVICES REVENUE PROPOSAL FORM Failure to submit the Revenue Proposal Form, in its entirety and fully executed,by the deadline established for the receipt of •roposals will result in proposal bein• deemed non-responsive and bein• elected. Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no claim will be made on account of any increase in research costs, wages, material prices, delivery delays, taxes, insurance,cost indexes or on any other account. The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal Form shall be initialed. Group 4: Proposed Gross Net Revenue Shipping Description Revenue Savings to the City Sharing rim calculation (Fedex, UPS) - Rate to the purposes Butyl City 1. Revenue Share for Cost Savings Realized by the City as a Result of Recovery Audit %n $100,000' $ 2. Revenue Share for Cost Savings/Avoidance/Efficiencies Realized by % $100,000' $ the City as a Result of Recommendations for Future Efficiencies 1Total Net Revenue to the City* $ t Basis for Allocation of Revenue Points. PROPOSERS INTERESTED IN SUBMITTING PROPOSALS FOR MORE.THAN ONE AREA OF SERVICE SHALL SUBMIT INDIVIDUAL PROPOSALS FOR EACH OF THE FOUR AREAS NOTED ABOVE.FOR EXAMPLE,IF A PROSPECTIVE PROPOSER WISHES TO BE CONSIDERED FOR 1I INSURANCE POLICIES AND 2}ELEVATOR SERVICE AGREEMENTS IT MUST SUBMIT TWO DISTINCT PROPOSALS ONE FOR INSURANCE POLICIES AND A SEPARATE ONE FOR ELEVATOR SERVICE AGREEMENTS SINGLE PROPOSALS FORMULTIPLE AREAS WILL NOT BE CONSIDERED. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 2018-081-JC 38 APPENDIX D- 5 ELEVATOR SERVICES REVENUE PROPOSAL FORM Failure to submit the Revenue Proposal Form,in its entirety and fully executed,by the deadline established for the recei.t of pro.osals will result in proposal being deemed non-responsive and being rejected. Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no claim will be made on account of any increase in research costs, wages, material prices, delivery delays, taxes, insurance, cost indexes or on any other account. The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal Form shall be initialed. Group 5: Proposed Gross Net Revenue Elevator Description Revenue Savings to the City Service Sharing Nor calculation - purposes only) Agreements Rate to the City 1. Revenue Share for Cost Savings Realized by the City as a Result of Recovery Audit % $100,000* $ 2. Revenue Share for Cost Savings/Avoidance/Efficiencies Realized by the % $100,000* $ City as a Result of Recommendations for Future Efficiencies (Total Net Revenue to the City* $ IBasis for Allocation of Revenue Points. PROPOSERS INTERESTED IN SUBMITTING PROPOSALS FOR MORE THAN ONE AREA OF SERVICE SHALL SUBMIT INDIVIDUAL PROPOSALS FOR EAG{ OF.THE FOUR AREAS NOTED ABOVE.FOR EXAMPLE,IF A PROSPECTIVE PROPOSER WISHES TO BE CONSIDERED FOR t)INSURANCE POLICIES AND, 21 ELEVATOR SERVICE AGREEMENTS IT MUST SUBMIT-TWO DISTINCT PROPOSALS ONE FOR INSURANCE POLICIES AND A SEPARATE ONE FOR ELEVATOR SERVICE AGREEMENTS SINGLE PROPOSALS FOR MULTIPLE AREAS WILL NOT BE CONSIDERED. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 2018-081-JC 39 APPENDIX E Insurance Requirements RFP 2018-081 -JC COST CONTROL AND RECOVERY AUDIT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Hoar Miami Beach, Florida 33139 2018-081-JC 40 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employees Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. XXX 4. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10%of the limit of liability. 5. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 6. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 7. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 _Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 _Other $ .00 C{XX 8. Thirty(30)days written cancellation notice required. XXX 9. Best's guide rating B+:VI or better, latest edition. XXX 10. The certificate must state the proposal number and title The City of Miami Beach is self-insured.Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. 2018-081-JC 41 ATTACHMENT C CONSULTANTS RESPONSE TO THE (RFP) Detail by Entity Name Page 1 of 2 Flood Der ytmam or Sime on-amr eF coxes=sve.r..i tong oeoaemeniof Lto r oisior o1Conoratons I worn Rerwaa ( Pelail 9V oxumem Nerher/ Detail by Entity Name Foreign Limited Liability Company UTIL AUDITORS,LLC Filing Information Document Number M15000006002 FEI/EIN Number 46-1992325 Date Filed 07130/2015 State DE Status ACTIVE Principal Address 700 W Hillsoboro Blvd STE 3-102 Deerfield Beach, FL 33441 Changed:03/25/2016 Mailing Address 700 W Hillsoboro Blvd STE 3-102 Deerfield Beach,FL 33441 Changed:03/25/2016 Registered Agent Name&Address PANUCCI,CHRISTOPHER 700 W Hillsoboro Blvd STE 3-102 Deerfield Beach, FL 33441 Address Changed:03/25/2016 Authorized Person(s)Detail Name&Address Title AMBR PANUCCI,CHRISTOPHER 700 W Hillsboro Blvd Sutie 3-102 Deerfield Beach,FL 33441 li Title AMBR http://searchsunbiz.org/InquiryrCorporationSearch/SearchResultDetairinquirytype=Entity._ 8/24/2018 Detail by Entity Name Page 2 of 2 KURTZNER,WILLIAM 700 W Hillsboro Blvd Suite 3-102 Deerfield Beach,FL 33441 Annual Regotls Report Year Filed Date 2016 03/25/2016 2017 02/14/2017 2018 04/10/2018 Document Images 0i0P2019—ANNUAL REPORT View image in PDF format 0204'20'—ANNUAL REPORT View image in PDF lomat 0 3 272016—ANNUAL REPORT[ View image In PDF format 0713OR015—Foreign rmlfetl ' me woage in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearenResultDetail?inquirytype=Entity... 8/24/2018 RFP 2018-081-JC COST CONTROL AND RECOVERY AUDIT SERVICES Submitting Company: Util Auditors LLC • Service Area: Credit Card Processing Proposing Contact: Bill Kurtzner Managing Partner Proposer Contact Into: _ &II@utilauditors.com/888-963-8479 Ext 702 TABLE OF CONTENTS 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A) 3 • 1.3 Minimum Qualifications Requirements 12 2.1 Qualifications of Proposing Firm 14 2.2 Qualifications of Proposer Team 18 2.3 Financial Capacity 21 3.1. Cost Recovery 23 3.2. Cost Reductions 23 12 Value Added Services 23 Revenue Proposal Form (Appendix D) 25 Insurance Requirements (Appendix E) 27 ( I I I � I I 1 l 1.2 Proposal Certification, Questionnaire & Requirements Affidavit i (Appendix A) I I i i I SEl'otatm No SEEDED-or.Title 2018-081-JC Cost Control and Recovery Audit Services Prn-uremenl Costa, I Tel Email - Jason Crouch 305.673.7000 x 6694 JasonCrouch[Nmlamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE &REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification. Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated, This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. =IRr.I nan+E Util Auditors LLC 'EY Sea smBusiness 5 —No ofvearam Buess'_cally 5 .............................. -s'CHER IDELFS-t9',EARS -iRMPRi f RV ADDRESS(HEADOUARTERT,. � 700 W Hillsboro Blvd STE 3-102 CITY ^ Deefield Beach STATE I ZP CODE ! Florida 33441 TELEPHONE N0. 888-963-8479 JOU FREE Nc" 888-963-8479 -- -AX NO 688-963-8479 FIRzi LocALADEss 700 W Hillsboro Blvd, STE 3-102 Deerfield Beach STATE ZiD CODE Florida 33441 'RIMATACCOUNT REPRESENTATIVE FOP'HIS ENGEDIEN Bill KUrtzner ACCOUNT RCP'EiEPHONE NO-.. _ __— _ 518-528-1811 ACCOUNT REP-OD FREE NO 888-963-8479 ext 702 ACCOUNT REP EMAIL _. bill @ utilau d itors.com i FEDERAL TM IOENTIF1CATIDN N0. T.., 46-1992325 The City reserves the right to seek additional information from Proposer or other source(s).including but not limited to:any firm or principal information applicable licensureresumes of relevant individualsclient informationlinandal informationor any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 19 2_018-081-JC 1. Veteran Owned Business,.Is oser claimingaveteran owned business status? YES I X . NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteramowned business or a service-disabled veteran owned business by the State of Florida or United States federal governmentas required pursuant to ordinance 2011-3748. 2 Conflict Of Interest.All Proposers must disclose in their Proposalthe name(s)of any officer,director, agent or immediate family member (spouseparent, siblingand child) who is also en employee of the City of Miami Beach. Further. all Proposers must disclose The name of any City employee who ownseither directly or indirectly. an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer.directoragent. or immediate family member (spouseparent,siblingand child)who is also an employee of City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectlyan interest of ten 110`4)percent or more in the Proposer entity or any of its affiliates 3, References&Past Performance,Proposer shall submit at least three(31 references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted the following information is required. 1) Firm Name, 2) Contact Individual Name&Title,3)Address.4)Telephone.5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation.or had a contract cancelled due tonon-erformance by any public sector agency? YES I X NO SUBMITTAL REQUIREMENT: If answer to above :s 'YES.- Proposer shall submit a statement detailing the reasons that led to action(sl. 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with. the City s Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions. as prescribed thereinincluding disqualification of their Proposals.in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the Cly of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879.each person or entity that seeks to do business with the City snail adopt a Code of Business Ethics ("Code') and submit that Code to the Procurement Department with its proposaliresponse or within five(5)days upon receipt of request. The Code shall,at a minimum.require the Proposer.to comply with all applicable governmental rules and regulations including, among others. the conflict of interest. lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics. Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics.available at bhp PAWN.miamtheaohllmoviotv-halliprocurementivocurernent-related-ordinance-and-orocedureal kivirrgyy.., •. .0 , tyet-M.am'-Bean' ":. - . .. ..- . : time*4ime-aewred benefit.. .. .. :¢mplByees-rc,Uek{ter d ' ago '..•- : - . :- .. 2_0 201 8-DSI-JC beta &.._.-EUecAwe-danuaryl-2020.. covered-er oyees-mus: be pad-a-Iiving-wage-fate-daotesst o4411-7S per-how-Mb ..., . .. ..--0epadwen4ef-Ea4ers ;...., . .. .. . ._._.-. _ ... slyµ. . . . . resokdiee. - .: j-- .. .. . . .. .. : :- _ ..•:-{p im�lernc+q al-{7 solo optiongimmeda:ely d c^r ca d °roposer as Roo ospoasive. and may otter SAVEProposer to additional penoltic 8 Equal Benefits for Employees with Spouses and Employees with Domestic Partners. Mien awarding competitively solicited contracts valued at over 5100 000 whose contractors maintain 51 or more full time employees on their payrolls during 23 or more calendar work weeks. the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business vMh the City of Miami Beach. who are awarded a contract pursuant to competitive proposals. to provide'Equal Benefits' to their employees with domestic partnersas they provide to employees with spouses. The Ordinance apples to all employees of a Contractor who work within the Gty 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 wihin the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees% �,._...._..I YES X HO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic padners`or to domestic partners of employees% YES R- j 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. BENEFIT Firm Provides for Firm Provides for I Firm does not Employees with Employees with Provide Benefit 1 Spouses Domestic Partners Health _ X_ Sick Leave i Family Medical Leave ! Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control. (eg_ 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 basisyou must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)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 httpalvnvw.miamibeachfl uov/citv-hallinrocuremenUprocu rement-related-ordinance-and- procedures! 2018-O81.IC 1 9. Public Entity Crimes.Section 287133(2)(a). Florida Statutesas currently enacted or as amended from time to time.states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal. proposalor reply on a contract to provide any goods or services to a public entity: may not submit a proposal, proposalor reply on a contract with a public entity for the construction or repair of a public building or public workmay not submit proposals.proposalsor replies on leases of real property to a public entitymay not be awarded or perform work as a contractor. supplersubcontractoror consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in s, 287.017 fcr CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT:No additional submittal is reamred. By virtue of executing this affidavit document Proposer agrees with the requirements of Section 287.133.Florida Statutes and certifies it has not been placed on convicted vendor list. 10 Non-Discrimination.Pursuant to Ciw Ordinance No 2016-3990.the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2.375(a)of the City Codeincluding the blacklisting,divesting from_or otherwise refusing to deal with a person or entity when such action is based on racecolornational origin.religionsea intersexuality,gender identity,sexual orientation.marital or familial statusage or disability. SUBMITTAL REQUIREMENT: No additional submittal is regered. By virtue of executing this affidavit document. Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code, 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375. the City of Miami Beach Florida prohibits official City travel to the states of North Carolina and Mississippi.as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippinor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required By virtue of executing Its affidavit document,Proposer agrees it is and shalt remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement Pursuant to Section 2-376 of the City Code the City shall not enter into any contract resulting from a competitive solicitation. unless the proposer certifies in writing that the business has adopted and employs written policies. practicesand standards that are consistent cwlh the City's Fair Chance Ordinance.set forth in Article V of Chapter 62 of the City Code FFav Chance Ordinance). arid whichamong other things. Q} prohibits City contractors, as an employerfrom inquiring about an applicant's criminal h.story until the apolicant is given a conditional offer of employment: (ii) prohibits advertising of employment positions with a statement that an individual with a criminal recoil may not apply for the position. and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time, By virtue of executing this affidavit, Proposer certifies that it has adopted policiespractices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a matenal 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, 13. Acknowledgement of Addendum. After issuance of solicitation. the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system. PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to soiMation.This Acknowledgement of Addendum section certifies that the Proposer has received a addendum released by the City pursuant to this solicitation.Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. WLalta Confirm I I—in.:sVo ConfirmI In Oai to Co"firm I Presto Runup: Receipt i kik' Addendum 1 _.. Addendum 6 Addendum 11 Addendum 2 Addendum 7 I Addendum 12 Addendum 3 _Addendum 8 t Addendum 13 y,J Addendum 4 i Addendum 9 Addendum 14 Addendum 5 ' Addendum 10 Addendum 15 If addibonal confirmation of addendum is required submit under separate cover. 2018-081-3C -_ DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the tits)for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation. or in making any award.or in failing or refusing to make any award pursuant to such Proposals. or in cancelling awardsor in withdrawing or cancelling this solicitation_either before or after issuance of an awardshall be without any liability or obligation on the part of the City In its sole discretion, the City may withdraw Me solicitation either before or after receiving proposalsmay accept or refect proposals. and may accept proposals which deviate from the solicitationas it deems appropriate and in its best interest.In its sole discretion.the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurancesincluding financial and disclosure data. relating to the Proposal and the applicant including. without limitation. the applicant's affiliates. officers. directors.shareholders.partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contentsor on any permitted communications anth City officials.shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations.interpretations. and analyses.The solictation is being provided by the City without any warranty or representationexpress or implied as to its content. its accuracyor its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration-negotiation or approval. The City shall have no obligation or liability with respect to this solicitation.the selection and the award process.or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer.is totally relying on this Disclosure and Disclaimer.and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errorsomissionsor withdrawal from the market without notice. Information is for guidance onlyand does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, :f and when a Proposal (or Proposals). as same may be modified. and the applicable definitive agreements pertaining theretoare approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason or for no reasonwithout any resultant liability to the City. The City is governed by the Government-n-the-Sunshine Law. and all Proposals and supporting documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes. until the date and time selected for opening the responses.At that timeall documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal.the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposaland authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true. accurate and complete. to the best of its knowledge. information.and belief. Notwithstandingthe foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any Lability arising out of this solicitation, or any response thereto. or any action or inaction by the City with respect theretosuch liability shall be Limited to$10.000.00 as agreed-upon and tquidated damages.The previous sentence. however. shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitationit is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Flonda. 23 '_OLS-OSI-IC PROPOSER CERTIFICATION I hereby certify that L as an authorized agent of the Proposer . am submitting the following information as my firm's proposal Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document. inclusive of this solicitation,all attachmentsexhibits and appendices and the contents of any Addenda released hereto,and the Disclosure and Disclaimer Statement proposer agrees to be oound to any and all specificationsterms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted Proposer has not divulgeddiscussed. or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal. proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws. all responses, data and information contained in this proposalinclusive of the Statement of Qualifications Certification. Questionnaire and Requirements Affidavit are true and accurate. I Name of Proposer's AUVw¢ed Pepresenlatme. Title el Proposer s Aelmezed Peprescptatvt William F. Kurtzner Sg o ?mpesar(F N/rz-oR7fvma(rve. i bat= I \` _\ _ lid C L I L' State of FLORIDA ) On thist_day of rfirif 20 personally appeared before me;3; Jam w e-,estarho County of (c/' Lr ) stated that (s)he is the AMtG,Z of o 17/ ,/,,.r/,/vn a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directorsandyacknowledged said instrument to be its voluntary act and deed. Before me. _ Notary Public for the State of Florida ittitMy Commission Expires% 4/7/n7-k �_._._.......�.sem_ 24 2018-081-JC GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMCC") seeks to create and sustain an ethical business climate for its members and the community by adopting a Cede of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is c statement of principles Ic he'p 92ide decisions end actions based or respect for the Impoiance of ethical'business standards in the community. I he „MCC believes the adoption ol meaningful code of ethics is the resporsibirty of every business ana professional otgeni:ation. Compliance with Government Rules & Regulations • We will property maintain all records and post all licenses and certificates In prominent places easily soon by our employees and customers; • In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; • We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment. Selection & Com•ensation of Vendors and Suppliers • We will avoid conflicts of interest and disclose such conflicts when identified; • Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such a kickback. Business Accounting • All our financial transactions wll be properly and fa.riy recorded in appropriate books of account, and there wIll be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services • Cur products will ccmply with, all applicable sa`ety and quality standards; • We will promote and advertise our business and its p•oducts or services in a manner which is net misleading and does net falsely disparage our competitors; Doing Business with the Government • We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; • Any challenges to contracts awarded win have a substantive basis and not be pursued merely because we are the unsuccessful bidder: • We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices !or goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. • We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life and Political Campaigns • We encourage all employees to participate in community life, public service and the political process; • We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; • Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management, • We will not contribute to the campaigns of persons who are convicted felons or Those who do not sign the Fair Campaign Practices Ordinance. • We will net knowingly disseminate false campaign information or support those who do. —1-14 -Al cDti&Qcr ±L • ' � LL Company !dame Cor•orate Offer 4t{ ti�:H'(;t" `� ('.i c F•fi.:'�. 1.3 Minimum Qualifications Requirements ii 1 1. Client Name- Entertainment Benefits Group (EBG) 19495 Biscayne Blvd#600, Miami, FL 33180 Client Contact—Robert Riesenberg Email: rriesenberg@entertainmentbenefits.com Phone: (305)907-5074 Services Provided—Audit of Client's Credit Card processing fees Term of Engagement—24 months 2. Client Name— EZCorp, Inc 2500 Bee Cave Rd, Bldg 1 Ste 200, Rollingwood, TX 78746 Client Contact—Deb Gonzales Email: Deb GonzalesPezcorp.com Phone: (512)314-2257 Services Provided—Audit of Client's Credit Card processing fees Term of Engagement—18 months 3. Client Name- Physicians East, PA 1850 W.Arlington Blvd,Greenville, NC 27834 Client Contact—Kimberly Sugg Email: ksugg(alphysicianseast.com Phone: (252)413-6732 Services Provided—Audit of Client's Credit Card processing fees Term of Engagement—24 months 2.1 Qualifications of Proposing Firm t Util Auditors, LLC is a consolidated solutions provider in cost reduction and recovery. Our firm offers a suite of complimentary services designed to assist our clients in taking advantage of available billing structures, benefits,market pricing, and program incentives across multiple areas of spend The scope of our capabilities, and technology-forward approach to delivering results, has earned us the opportunity to work with some of the nation's largest, most complex utility and service infrastructures. Our proprietary Client Portal provides unparalleled visibility, and accountability, in our space. We represent both small and large organizations internationally ranging in size from single location entities into the Forbes& Fortune Top 20,as well as Global 100, some with as many as 8,000+facilities. Examples of Past Credit Card Processing Audits performed by Util Auditors LLC: Entertainment Benefits Group Client Name- Entertainment Benefits Group(EBG)[Privately Held Company] 19495 Biscayne Blvd #600, Miami, FL 33180 Client Contact— Robert Riesenberg Email: rriesenberg{aentertainmentbenefits.com Phone:(305) 907-5074 Services Provided—Audit of Client's Credit Card processing fees Term of Engagement—24 months • Entertainment Benefits Group (EBG) is one of the largest privately held travel and entertainment providers in the United States, and is Headquartered in Miami, FL. • The company operates a network of consumer and 828 businesses that reach over 60 million users and sell more than 6 million admission tickets annually. • Their e-commerce sites include BestOfOrlando.com, BestOfvegas.com, and ShowTickets.com, among others. II • As an e-commerce business, EBG's main source of payment for their product is via their various merchant processing accounts for each website through which they process more than S500M in volume annually. • Their CFO had approached their processing bank about what he believed to be excessive fees on their account, however, after 2 months he had little luck in lowering them. • Util Auditors was then engaged and within a week had identified large"hidden margin" (I disguised as numerous, redundant per transaction and authorization fees. • Util Auditors was ultimately able to successfully lower the cost of their 3" party processing fees by 80% saving the company nearly$20,000/month. EZCorp, Inc. Client Name- EZCorp, Inc (Publicly Traded Company] 2500 Bee Cave Rd, Bldg 1 Ste 200, Rollingwood,TX 78746 Client Contact— Deb Gonzales Email: Deb Gonzaleseezcoro.4om Phone: (512)314-2257 Services Provided—Audit of Client's Credit Card processing fees Term of Engagement—18 months • • EZCorp, Inc. is a public company listed on NASDAQ stock exchange, trading as EZPW, with annual revenues in excess of 51B. • • • The company owns and operates a large network of pawn shops with over 600 locations spanning the US, Latin America, and Canada,and including 10 locations in the Tampa, FL area. • Their brands include EZPawn, Value Pawn and Jewelry, USA Pawn, EasyPawn, and PawnPlus (Canada), among others. • Although their stores do a lot of cash business EZCorp relies heavily on credit card processing for repayment of loans, via both debit and credit cards. • Util Auditors was engaged to review their cost of merchant processing services across all of their Merchant ID's with their processing bank. (1:?, ..0 • In less than 1 month,and with no more effort than a couple of phone calls required on the part of the client, Util Auditors was able to lower their 3'party processing costs by 50%. • Additionally, Util Auditors was able to improve the way that merchant fees were being credited back for refunded transactions. Physicians East, P.A. Client Name— Physicians East, PA[Privately Held Company] 1850 W. Arlington Blvd,Greenville, NC 27834 Client Contact—Kimberly Sugg Email: ksugg(d physicianseastcom Phone: (252)413-6732 Services Provided—Audit of Client's Credit Card processing fees Term of Engagement-24 months • Physicians East is North Carolina's largest private medical-surgical health care practice offering both primary care, and sub-specialty services across 12 locations. • For over 20 years Physicians East had been processing its credit card transactions through their local bank with whom they have a larger banking relationship. • The organization processes approximately $7M/month in credit card payments for co-payments and treatment services provided through the network. • A review of their various merchant accounts by Util Auditors identified that they were processing on a "Tiered" structure with their bank,whereby transactions were priced either "Qualified, Mid-Qualified, or Non-Qualified". • The tack of clarity on the actual interchange cost of each card type being accepted made it difficult to know the true cost of accepting credit cards for payment. • Util Auditors was first able to move the accounts to a more favorable,and transparent "Interchange Plus" pricing model. • Following this transition Util Auditors was able to demonstrate that the tiered pricing was costing the organization money,and then delivered a market-based,side-by-side analysis to the client from which they were able to make an educated decision; switching providers, which resulted 2.2 Qualifications of Proposer Team Proposal Team Member Assigned to RFP 2018-081-1L/Service—Credit Card Processing Fees Thomas Vavrin—Lead Merchant Processing Auditor Thomas@utilauditorscom 888-963-8479 Ext. 750 [Complete resume on following page] Thomas Vavrin Thomas-8479 x-750 .tom 888-963-8479 x-750 PROFESSIONAL SUMMARY Articulate communicator with strong written and oral communication skills:possessing a long track record of do eloping and tntroducine iniliatiyes that increase productisits.enhance project efficiencies_and surplus strategic objectis es. Consisienth called upon to conduct corporate training and employee mentoring. Recognited as a leader with strong anal'tical skills attention to detail.exemplars integrity. de pled cork ethic. and commitment to professional excellence. EDUCATION I iResiRof I:rah t()at id Eccles School of Businerol BS. in Business Marketing-CPA 3.6(Minor in Chemistry EXPERIENCE 2014- Present Ltil Auditors LL('. Boca Raton. Florida Lead Merchant Frescoing Audhar • Conducted hundreds of proprictars audits for multinational companies in uriuus industries • I.ed and conducted internal training nnretines that optimized team pertonnance • Acted as the internal compliance oiicer while ryas igat ine customers through industry related regulator requirements 2012- Present ProcessPoint Inc. Salt Lake City- Utah Director afAfuld.4drantage • Administered the desclopment.implementation and growth of an industry-fust product that assisted business owners accounting esectnlses to manage.monitor and rninimnize business expenses • Responsible for product management. saes.markering forecasting. budgeting, ins vicine. roadmapping. product sislon and super situ of auditing staff • Spearheaded a compliance initiatise that resulted in a company-first compliance rate ofo'er9Un0 • Implemented and maintained a new CRVI software application that intprosed customer sen ice and enhanced sales etlicienct bg 250" • Designed and oversaw the creation of new company websites and rnanaged social media profiles • Delis eyed sales. training and consultative presentations to eseeulis es and enterprise clients • Promoted from Project Product A tanager of auditing department to Director of Audit:Achantage 2010-2012 College America hoc. Sall Lake City, Utah -1 x,/ctaut Director of.Ulen&sians • Consistentlx met and exceeded corporate sales goals in 50"o • Recognized as the top new sales represenIarce ys ithin 90 dans • Responsible for employee des elopment and achles cnlent of enrollment goals 2007-2010 Wasatch Ads isms Inc. Salt Lake City. Utah Senior Lead Analyst for(lien!((Meehan,.Sales and!arAding • Supported a stair of5 client relations managers.4 marketing proltssionals and 6 brand management personnel,while leading a team of 3 anal!sts • Created sales:marketing presentation materials for existing and prospectis e clients • Completed Requests for Proposal(I(I-Ps).client questionnaires and additional marketing sales materials that resulted in user SI billion in new assets • Maintained client specific databases that resulted its 95%customer retention • Ltillzed xrcnsite implication of desktop publishing software with a strong emphasis in finance • Implemented new sntAsare that streamlined efleetive communication between clients and die firm 2004-2007 Slate of Utah-Department of Health Salt Lake Civ, Utah Chemist • Developed and implemented neo methodologies that doubled departmental throughput • Reduced testing and processing times bs os er 654" while ncrea ing accuracy of results • Introduced departmental procedures that eliminated internal errors resulting I00"o data conlidence • Coordinated departmental efforts and management or norkfloss AWARDS/HONORS • Former holder of Series 6.63 and 65 financial licenses • Recognized by the State of I for Superior Performance(Bureau of d'uxicologs State of 1 Itch) 2.3 Financial Capacity I I i n:r I Supplier Qualification Report (SQR) to be provided upon request. Util Auditors LLC - Dun & Bradstreet # 08-011-1679 ' 4 I 1 I � . 3.1. Cost Recovery 3.2 . Cost Reductions Tab 3.1, 3.2 Scope of Services for Credit Card Processing Fee Audit After receiving an initial data set comprised of merchant statements for the organizations merchant ID(s), Util Auditors will communicate with the processor(s) to obtain related account data. In addition to the application of proprietary knowledge and methods, the following bullet points outline some of the steps we perform throughout the detailed audit process: ' I • Processing program type will be identified; flat rate, tiered, or interchange plus. • 3rd party processing costs such as discount rate, per transaction and per authorization • fees, monthly fixed costs, chargeback fees and other program costs will be clarified. • Any unnecessary, multiple, or redundant fees will be identified. Il II • Interchange costs will be reviewed to assure that each card type being accepted will pass through the appropriate level of data to receive the best available pricing. • Cost basis will be compared to multiple like-type accounts processing similar volume and transaction amounts within the client industry to assure cost is in line with market rates. i I ( Tab 4 Revenue Proposal Form (Appendix D) Ii { APPENDIX D- 1 CREDIT CARD PROCESSING REVENUE PROPOSAL FORM Failure to submit the Revenue Proposal Form,in its entirety and fully executed, by the deadline established for the receipt of r ro a osals will result in r ro r osal bein r deemed non-responsive and bein r re ected. Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no claim will be made on account of any increase in research costs. wages, material prices, delivery delays. taxes,insurance, cost indexes or on any other account. The Revenue Proposal Form shall be completed mechanically or, if manuallyin ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal Form shall be initialed. Group 1: Proposed Gross : Net Revenue Credit Card Description Revenue Savings to the City Processing Sharing I''orcalculatlon purposes onhl Rate to the • City 1. Revenue Share for Cost Savings Realized by the City as a Result of Recovery Audit 1 65 % S100.000* $ 65,000 2. Revenue Share for Cost I i Savings/'Avoidance?Efficiencies Realized by 65 % 5100.000' S 65,000 I the City as a Result of Recommendations for 1 I I Future Efficiencies S 130.000 'Basis for Allocation of Revenue Points. W1101:OSERG,NITERESTEQ.'. .SUBME 'IKe PR 'e:ALS FOR MORE THAN ONE AREA CIF SERVICE SHAH SLIBMITINDIMIAL PROPOSALS FOR EACH {1F THE FOUR AREAS NOTED ABOVE.FOR EkAMPIE,IF A PROSPECTIVEPROPOSER WISHES TO SE CONSIDERED FOR 1)INSURANCE ROUGES AND 2)ELEVATOR SERVICE AGREEMENTS.IT MUST SUBWIT TWO DISTINCT PROPOSALS-ONE FOR INSURANCE POLICIES AND A SEPARATE CNE FOR ELEVATOR SERVICE AGREEMENTS - t SOME PROPOSALS FOR.MULTWLE MEM WitS NOT BE CONSME1ED. :1:. Bidder's Affirmation company: UM Auditors LLC I_— Authorized Representative: William Kurtzner i Managing Partner Address: 700 W Hillsboro Blvd. Deerfield Beach FL 33441 Telephone: 888-963-8479 ext 702 Email: btlY©utilauditors-tom Authorized Representatives Signature: -' 1 2018-081-.1C 15 Insurance Requirements (Appendix E) i I I 1 I I i I I RATE(MMNINYYYYI ACORD CERTIFICATE OF LIABILITY INSURANCE E(M OLN,9 THISCERTIFICATE DOES NOT ISSUED RSAIVELY MATTER ON GATIVELYIAMONLY AND D CONFERS RO RIHE TS COVERAGE AFFORDED CERTBY THOPOLICR.ESIS CERTIFICATEWIDOES ICAFFIRMATIVELY SN NEGATIVELY U.EXTENDOR ALTER THE COVERAGE R( THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). RITFNONINTACT J fe eh[ W P I E I ONE 54'828 SG9 IA ISE.1)R 9 s5 Saba!E 2nre croup RHC E I _. 1 IC NEI ILJ EBOvardBlvd wOOREss rvIN`San a Oacon (- INSURERISI AEFORDTG COVERAGE NAICa Ft La derOale FL 3a301 I'nsU ER Foremost I ce Company L INSURED INSURERS. --- ' UW AVd'os LLC INSURER C'. — -r-- TOOtVHdshortBlvd SI,Ie 3,102 INSURER D_ _ - INSURER E _ -- Deerfield Beach FL 33441 INSURER COVERAGES CERTIFICATE NUMBER: 17 1B GL REVISION NUMBER: FIs I$TO CEP, EY THEY THE PCR,CIES OF INSURANCE LISTED BEL OAH E BEEN TSTEJED TO T.E INSURED NAMED ABOVE FOR'PE FOLtY PERIIDC O.OICATED NCrENLTHSTANONGANE REQUIREMENT TERM OR LONG PON OF ANY CON:TRACTOR OPoER DOCUMENT WTIRESPECT' C 0.E1OH THIS CERTIFICATE MAY BE ISSUED OR MAY FPTAIS' THE INSURANCE AFFORDED BTHE PC C ES SEGERISED HEREIN IS SUBJECT TO L HE TERMS EXCLUSIONS AND CONDITIONS OF SuPP POLICIES LIMITS SOWN MFY HE,E BEEN PEDEOES BY PADCLAMS OiRR ABOL SCrIOY POL BM oE IS E% LIMITS _ LTR TYPE OF INSURANCE ins() %RVI POLICYNUMBERIL1MVOrVYYYI I IMMOa YYY� COMMERCIAL VE":£ [ LIAB LITY x' AUG I t) 1 CW 000 �L 4.3. 1.^ t.REV S EMS v 00u ` PASI31'3473 OB 312017 Pet 1 05 w - 1 00C 000 A 3C00 000 w. c n T Er S coded -rBEi s IUCD 303 AUTOMOBILE LIABILITY arEaar. v vm S 10 T I� PPS13P i_"3 CJ ,wr 5 +O FL X E I____ — -' __ _ - (UMBRELLA LIAR I N .E_ 5 _. EXCESS LIAB C (OFC Pk. V'PO TWORKERSCOMPEN6AMIN - - I `ham EMPLOYERS'umiEINL A y;Nl E_E {Mandatmy 7x�F L .-GYtt IS IS �_� , 1 I I _ DESCRIPTION OF OPERATIONS.,LOCATORS,VEHICLES( CORD VG Adtteonat Remarks Scsedule.may be attacheda more spacy[s required) Cern', oder included as aid.'_ edwt espec to Genea L at Myynanz asreq red b,G n carnet3 day r o'arcelavon eN dce at1oday resaa for sCon o RE RFP I01A-0fil-JG Cost Cao Recovers 0.dlt..e.area CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN City Ft GT amt BeaCtl P,ccmetient Department ACCORDANCE WITH THE POLICY PROVISIONS. .PEE Meridian Avenue AUTHORIZED REPRESENTATIVE noor 'barn)Beach FL 93130 I G 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD k\sw o , . • Appendix A 1. Conflict of Interest(Appendix A,#2)— Util Auditors LLC has neither direct or indirect relations with any Miami Beach employee in regards employment or ownership in our entity. 2. Campaign Contribution(Appendix A,#5)— • William Kurtzner—50%ownership—No contributions made • Christopher Panucci-50%ownership—No contributions made 3. Code of Ethics(Appendix A,#6)—please find attached adopted code of ethics attached. (Should also be attached to original RPF response on pg. 10-11] GREATER MIAMI CHAMBER OF COMMERCE MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerde ('GMCC") seeks to create and sustain an ethical business climate for its members ar.d the community by adopting a Cede of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help gide decisions and actions based or. respect sr toe imbalance of ethical business s'arderes in the community I he SPICC believes the adoption ole meaningful cede of ethics is the responsibility of every bsiness and professional organization. Compliance with Government Rules & Regulations • We will properly maintain all records and past all licenses and certificates in prominent places easily seen by our employees and customers; • In dealing with government agencies and employees. we will conduct business in accordance with all applicable rules and regulations and in the open; • We will report contract irregularities and other improper cr unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment Selection & Compensation of Vendors and Suppliers • We will avoid conflicts of interest and disclose such conflicts when identified; • Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such a kickbadk. Business Accounting • All our financial transactions will be propeey and fairiy recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We wig promote and advertise cur business and its products or services in a manner which is net misleading and does not falsely disparage our competitors; Doing Business with the Government • We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; • Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; • We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. • We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life and Political Campaigns • We encourage all employees to participate in community life, public service and the political process; • We encourage all employees to recruit, support and elect ethical and qualified public officials and engage thorn in dialogue and debate about business and community issues; • Our contributions to political parties, committees or individuals vita only be made in accordance with applicable law and will comply with all requirements for public disclosure, AX contributions made on behalf of the business must be reported to senior company management; • We will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We will not knowingly disseminate false campaign information Cr support those who do. t I Z -S Lv Company Name Car.•rate Olfi -- “I/71/ k,utifttiNS ('.Mt,TA.C:A ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX E /\ / \ H r � 1 / Hi H JJ J Insurance Requirements RFP 2018-081 -JC COST CONTROL AND RECOVERY AUDIT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018-081-1C 40 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence -owned/non-owned/hired automobiles included. XXX 4. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10%of the limit of liability. 5. Excess Liability-$ _ .00 per occurrence to follow the primary coverages. XXX 6. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 7. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 _Fire Legal Liability $ .00 _Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 8. Thirty(30) days written cancellation notice required. XXX 9. Best's guide rating B+:VI or better, latest edition. XXX 10. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. 2018-081-JC 41 APPENDIX E 7 / Insurance Requirements RFP 2018-081 -JC COST CONTROL AND RECOVERY AUDIT SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018-081-JC 40 M AMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in"insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. XXX 4. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10%of the limit of liability. 5. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 6. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 7. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 _ Fire Legal Liability $ .00 Protection and Indemnity $ .00 _Employee Dishonesty Bond $ .00 Other $ .00 XXX 8. Thirty(30) days written cancellation notice required. XXX 9. Best's guide rating B+:VI or better, latest edition. XXX 10. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. 2018-0814C 41 City of Miami Beach, 1755 Meridian Ave,3,d Floor,Miami Beach, Florida 33139,www.miamibeachA.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490,Fax. 786-394-4010 September 12, 2018 Util Auditors LLC 2302 SW 10 Street Boynton Beach, FL. 33426 Attn: Bill Kurtzner Phone: 518-528-1811 Email: bill(utilauditors.com Subject: RFP-2018-081-JC for Cost Control and Recovery Audit Services Dear Mr. Kurtzner: This letter shall serve as notification that the Mayor and City Commission, at its July 251", 2018 meeting, approved a recommendation to award a contract to Util Auditors LLC,for Cost Control and Recovery Audit Services. Pursuant to the above referenced RFP.The agreement must be executed prior to the issuance of a Purchase Order,which is required for any work to be performed. Included with this correspondence is one (1) agreement book. To complete the execution of the agreement and before proceeding with the issuance of a Purchase Order, please provide the following: 1. Sign the signature pages where indicated ("sign here"). 2. Please return the agreement package along with the three(3)signed signature pages,attested,dated,and with the corporate seal. Along with the items listed below(numbers 3,4 and 5) 3. A certificate of insurance, with limits as indicated in the RFP, reflecting the City of Miami Beach as additional insured. Certificates need to include the following as Certificate Holder: The City of Miami Beach, Florida CIO Procurement Department 1755 Meridian Avenue Miami Beach, FL. 33139 procurement(m iam ibeachfl.com 4. W9(Please complete, sign and date. So that we can update your vendor profile). 5. Vendor Registration Form (Please complete, sign and date. So that we can update your vendor profile). Please return all required documentation to this office within ten (10) calendar days. If you have any questions, please contact Mr. Jorge Gueimunde at 305-673-7490, or jorgegueimunde@miamibeachfl.gov. Thank you, Alex Denis Procurement Director