The URL can be used to link to this page

Software License Purchase Agreement with EnergyCAP, Inc. • 0la9— 3©a6, q SOFTWARE LICENSE PURCHASE AGREEMENT This Master Software License Purchase Agreement ("Agreement") is entered into effective jP )W , 201 ►S' ("Effective Date") by EnergyCAP, Inc., 2026 Sandy Drive, State College, PA 16803 ("ECI") and the City of Miami Beach, FL (the "City"), 1700 Convention Center Drive Miami Beach, FL 33139 (the "City") or Licensee, together with EnergyCAP, may collectively be referred to as the "Parties". WHEREAS, ECI agrees to provide a License to use EnergyCAP Enterprise software (the "Software") and related services to Licensee pursuant to the terms of this Agreement, and WHEREAS, Licensee desires to obtain a License to use Software and other related services from ECI. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto intending to be legally bound do hereby mutually agree as follows: SECTION 1 DEFINITIONS 1.1 AGREEMENT This Agreement between the City and Consultant, including any exhibits and amendments thereto. ti 1.2 CITY MANAGER. The chief administrative officer of the City. 1.3 - 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 Elizabeth Wheaton, Environmental and Sustainability Director. 1.4 ENERGYCAP, INC. ("ECI"). For the purposes of this Agreement, ECI shall be deemed to be an independent contractor, and not an agent or employee of the City. 1.5 SERVICES. All services, work and actions by the ECI performed or undertaken pursuant to the Agreement. 1.6 FEE. Amount paid to the EClas compensation for Services. 1.7 PROPOSAL DOCUMENTS. Proposal Documents shall mean City of Miami Beach RFQ No. 2018-071-KB for energy utility billing management system, together with all amendments thereto, issued by the City in contemplation of this Agreement("RFQ"), and the ECI's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ; and the Proposal. 1.8 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. 1 SECTION 2 SERVICES This Agreement provides terms and conditions for the following which may be superseded by terms and conditions contained in Exhibit A: 2.1. Software License Scope. The fee listed in the Payment Terms to the Fee Schedule, attached hereto as Exhibit A, is based upon the Licensee's current approximate facility/account/meter inventory and Licensee's current software module utilization needs. 2.1.1 The number of facilities, accounts, meters and bills to be tracked is a factor used in ECI pricing considerations. ECI has relied upon Licensee's representations of inventory and scope. Licensee is permitted to track the listed number of meters in Exhibit A. If growth in the scope of facilities, accounts, meters and bills, whether due to reorganization, merger, acquisition, etc., exceeds the pricing considerations, ECI reserves the right to charge an additional license and maintenance fee, over that specified in Exhibit A, with Licensee prior written authorization. If Licensee does not authorize the additional fee, then ECI reserves the right to restrict Licensee's access to higher meter counts. 2.1.2. The program modules listed in Exhibit A to be used by Licensee are a factor in ECI pricing considerations. ECI has relied upon Licensee's representations of modules, features and functions to be used, and has priced both the Software License and Maintenance Agreement pricing accordingly. ,In the event Licensee desires to use additional software modules, whether available today or included in future releases, ECI reserves the right to charge an additional license and maintenance fee, with Licensee's prior written authorization. 2.1.3. Definition of a Meter: A meter is a point of service as itemized,on a vendor bill and/or tracked in EnergyCAP as a meter. It may represent points of service for which no physical meter exists, such as sewer, fire lines, outdoor lighting, fuel oil tanks, storm drainage, ISP and telephone service, etc. Meter records that are used in split, calculated, and virtual bill processes for Chargeback and Cost Allocation purposes are included in the total meter count. 2.2. Software License. Purchase of an EnergyCAP Enterprise software license pursuant to the terms of the EnergyCAP Enterprise Software End-User License (the "License" as such term is more particularly described therein), attached hereto as Exhibit B and incorporated herein by reference. 2.3. Software Maintenance. Purchase of Software Maintenance services pursuant to the terms of the EnergyCAP Maintenance Agreement (the "Maintenance Agreement"), attached hereto as Exhibit C and incorporated herein by reference. 2.4. Software Implementation Services. Purchase of related implementation services ("Implementation Services") shall be in accordance with the terms of the Software Implementation Services Agreement ("Services Agreement") attached , as Exhibit D and incorporated herein by reference. To the extent Licensee purchases Implementation Services, whether for the initial implementation of the Software, or for additional services during the Term of this Agreement, the parties agree to execute a Services Agreement in substantially the same form as Exhibits A and D attached hereto. 2.5. Database Hosting Service. ECI offers an optional EnergyCAP database hosting service to 2 EnergyCAP Licensees. The hosting service, if optioned, will be provided pursuant to theterms of the EnergyCAP Database Hosting Service Agreement, attached hereto as Exhibit E and incorporated herein by reference. 2.6. EnergyCAP Services. \ ECI offers optional professional services to assist Licensee in data management. All services, if purchased, will be provided pursuant to the terms of the EnergyCAP Professional Services Agreement, attached hereto as Exhibit F and incorporated herein by reference. 2.7. Source Code Escrow. Licensee can be added as a beneficiary to ECI's Source Code Escrow account at the request of Licensee. ECI can provide to Licensee the Beneficiary Enrollment Form to be completed by Licensee. A copy of the complete software source code shall be placed in escrow with Innovasafe, Inc. by ECI. When ECI, provides an updated version of the software, ECI will place the latest version of the source code in escrow. If ECI becomes insolvent or ceases to conduct business during the term of this Agreement, the Licensed Software in Escrow will be madeavailable to Licensee immediately upon Licensee's demand per the escrow agreement. Fees associated with the software escrow service are the responsibility of the Licensee. SECTION 3 FEES AND TERMS OF PAYMENT ECI agrees to invoice Licensee and Licensee shall pay for the software and services provided under the License, Maintenance Agreement and Services Agreements in accordance with prices, payment schedule and terms in Exhibit A. SECTION 4 ECI RESPONSIBILITIES ECI agrees to perform in accordance with the License, the Maintenance Agreement and the Services Agreements, and perform the Implementation Services in accordance with the delivery dates listed in the Implementation Services Agreement. While at any Licensee location, if at all, ECI's personnel, agents, and permitted subcontractors agree to comply with reasonable requests, rules, and regulations of Licensee that have been previously provided to,ECI in writing regarding personal and professional conduct (including the wearing of identification badges and adhering to Licensee regulations, data security, and safety practices or procedures), and shall otherwise conduct themselves in a businesslike manner. ECI agrees to provide all necessary tools, office space, equipment, personnel, facilities, telecommunications access, computers and all other resources necessary for ECI to completely and effectively provide the services hereunder. ECI agrees to provide the proper custody and care of any Licensee-supplied property provided to ECI for use in connection with the performance of services. SECTION 5 TERM 5.1 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) renewal options for a period of one (1) year each (each "renewal term"), to be exercised at the City Manager's sole option and discretion, by providing ECI with written notice of same no less than thirty (30) days prior to the expiration of the initial term or a renewal term as applicable. 3 Notwithstanding the Term provided herein, ECI 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 Exhibits A through F. 5.3 This Agreement commences on the date executed by Licensee and shall remain in full force and effect for so long as any one or more of the License, Maintenance Agreement or Service Agreements are in effect as set forth therein. SECTION 6 CONFIDENTIAL INFORMATION "Confidential Information" is any document or other media or tangible items that relates to research, development, trade secrets, clients, business affairs or that contains any other information of a party that was not generally available to the public when received by the other party. "Confidential Information" will also include, but not be limited to, ECI technology. "Confidential Information" shall not include information that: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; (iv) is independently developed by the receiving party; or any information which is subject to disclosure pursuant to Public Records laws, including Chapter 119, Florida Statutes, which information may include, but is not limited to, the business terms of this Agreement, including this Agreement or any other, agreement between the Parties (collectively, the Agreements), the payments made or received pursuant to the Agreements, or other like information relating to the transaction of the official business of the City, in its capacity as a Florida municipal corporation. Each party acknowledges that it will or may have access to Confidential Information of the other party and therefore each party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this Agreement, nor disclose to any third party (except as required by law or to that party's attorneys, accountants and other advisors as reasonably necessary and providing that they agree to be bound by obligations of confidentiality at least as strict as those contained herein), nor permit any of its partners, shareholders, directors, officers, employees, agents or contracting parties to use or disclose, any of the other party's Confidential Information and will take precautions necessary to protect the confidentiality of such Confidential Information using the same degree of care used to protect its own Confidential Information, but in any case using no less than a reasonable degree of care. The receiving party may disclose Confidential Information pursuant to the requirements of a governmental agency or as required by law, provided that it provides the disclosing party at least thirty (30) days prior written notice to permit the disclosing party to seek the appropriate judicial relief barring public disclosure of the records. Absent an order from a court of competent jurisdiction barring disclosure, the receiving party shall furnish only that portion of the Confidential Information which it is legally required to disclose. All of Confidential Information disclosed pursuant to this Agreement (including information in computer software or held in electronic storage media) shall be and remain the property of the disclosing party. All such information in tangible form shall be returned to the disclosing party promptly upon written request or the termination or expiration of this Agreement, and shall not thereafter be retained in any form by the receiving party, its affiliates, or any employees or independent contractors of the receiving party or its affiliates. 4 This Article 6 shall remain in full force and effect for so long as either party retains any Confidential Information of the other party during this Agreement or for a period of five (5) years beyond termination of this Agreement, whichever is later. SECTION 7 INTELLECTUAL PROPERTY The Software and all documentation, enhancements, modifications, improvements or derivative works thereto, whether or not created or developed in conjunction with Licensee (collectively, the "Enhancements") shall remain the sole and exclusive property of ECI. ECI retains all copyrights, patents, trade secrets, trademarks, and all other intellectual property interests in the Software and the Enhancements and is licensed for use,by Licensee on the terms set forth in Exhibit B. All underlying methodology utilized by ECI and Licensee respectively which was created and/or developed by either prior to the date of this Agreement and utilized in the course of-performance pursuant to this Agreement shall not become the property of the other. SECTION 8 ASSIGNMENT AND DELEGATION Unless specifically authorized herein, neither party shall assign or delegate this Agreement or any rights, duties or obligations hereunder to any other person and/or entity without prior express written approval of the other party which approval shall not be unreasonably withheld. SECTION 9 GENERAL PROVISIONS 9.1. Entire Agreement. This Agreement together with the attachments hereto and all documents incorporated by reference herein, constitutes the entire and sole agreement between the parties with respect to the subject matter hereof and supersedes any prior agreements, negotiations, understandings, or other matters, whether oral or written, with respect to the subject matter hereof. This Agreement cannot be modified, changed or amended, except in writing signed by a duly authorized representative of each of the parties. 9.2. Conflict. In the event of any conflict, ambiguity or inconsistency between this Agreement and the Exhibits attached hereto, the terms and conditions of this Agreement shall govern. 9.3. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. 9.4. Reserved. 9.5 Notice. Any notices required by this Agreement or any attachment hereto shall be in writing and shall be given to the parties by hand, by facsimile, by nationally recognized overnight courier service or by express, registered or certified mail, postage prepaid, return receipt requested. Notices shall be deemed to have been given upon actual receipt thereof. 5 9.6 Insurance. ECI represents and warrants that it will maintain in place and effective, during the Term of the Agreement, insurance requirements set forth on page 32 of the RFP. 9.7. Event of Force Majeure: In this Clause, Event of Force Majeure means an event beyond the control of the Licensee or ECI, which prevents a Party from complying with any of its obligations under this Agreement, including but not limited to: (a) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder; (b) ionising radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; (c) pressure waves from devices travelling at supersonic speeds or damage caused by any aircraft or similar device; (d) a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the affected Services and which is not attributable to any unreasonable action or inaction on the part of a Party or any of its subcontractors or suppliers and the settlement of which is beyond the reasonable control of all such persons; (e) specific incidents of exceptional adverse weather conditions in excess of those required to be designed for in this Agreement which are materially worse than those encountered in the relevant places at the relevant time of year during the ten (10) years prior to the Effective Date; (f) tempest, earthquake or any other natural disaster of overwhelming proportions; pollution of water sources; (g) discontinuation of electricity, natural gas, internet or telecommunications service, or other supply of necessary utilities; (h) other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts, which in each case directly causes either party to be unable to comply with all or a material part of its obligations under this Agreement; 9.7.1. Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event except to the extent that the relevant breach of its obligations would have occurred, or the relevant losses or damages would have arisen, even if the Force Majeure Event had not occurred (in which case this Clause shall not apply to that extent). 9.7.2. As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, any Party invoking it shall submit to the other Party reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the Party's obligations under this Agreement. 6 9.7.3. A Party shall, and shall ensure that its subcontractors shall, at all times take all reasonable steps within their respective powers and consistent with Good Operating Practices (but without incurring unreasonable additional costs)to: (a) prevent Force Majeure Events affecting the performance of a Party's obligations under this Agreement; (b) mitigate the effect of any Force Majeure Event; and (c) comply with its obligations under this Agreement. The Parties shall consult together in relation to the above matters following the occurrence of a Force Majeure Event. 9.7.4. Should paragraph (1) apply as a result of a single Force Majeure Event for a continuous period of more than 180 days then the parties shall endeavor to agree any modifications to this Agreement (including without limitation, determination of new equitable fees (if appropriate) having regard to the nature of the Force Majeure Event. SECTION 10 TERMINATION 10. 1 TERMINATION FOR CAUSE If ECI 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 ECI of its violation of the particular term(s) of this Agreement, and shall grant ECI 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, ECI 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. 10.2 TERMINATION FOR CONVENIENCE OF THE CITY 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 ECI OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY ECI OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONTRACTOR,. MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, ECI SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION AND THE CITY WILL BE REFUNDED ONE-TWELFTH OF ANY PREPAID FEE FOR EVERY 7 MONTH REMAINING OF THE PREPAID TERM; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 10.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the ECI 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 10.2. SECTION 11 INDEMNIFICATION 11.1 INDEMNIFICATION ECI 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, ECI 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. ECI expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by ECI 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 ECI for performance of the Services under this Agreement is the specific consideration from the City to ECI for the Consultant's indemnity agreement. The provisions of this Section 11.1 and of this indemnification shall survive termination or expiration of this Agreement. SECTION 12 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, ECI 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. 8 SECTION 13 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. ECI hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, ECI hereby agrees that the City shall not be liable to ECI for damages in an amount in excess of$10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 14 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 14.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, ECI 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. 14.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, ECI 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. 14.3 CITY PROPERTY All production database, including all reports, documents, data, findings, and third party imported data are intended to be the property of the City and shall not be otherwise be made public and/or disseminated by ECI, without the prior written consent of the City Manager. SECTION 15 GENERAL PROVISIONS 15.1 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, 9 and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. ECI shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 15.2 NO DISCRIMINATION In connection with the performance of the Services, the ECI 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, ECI shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 15.3 CONFLICT OF INTEREST ECI 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. ECI 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. ECI further covenants that in the performance of this Agreement, ECI 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. 15.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) ECI 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 City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if ECI meets the definition of "Contractor" as defined in Section 119.0701(1)(a), ECI 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 10 Agreement if ECI 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 ECI or keep and maintain public records required by the City to perform the service. If ECI transfers all public records to the City upon completion of the Agreement, ECI shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If ECI keeps and maintains public records upon completion of the Agreement, ECI shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify ECI of the request, and ECI 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 complywith the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. (3) If ECI 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 ECI to compel production of public records relating to the City's contract for services, the court shall assess and award against ECI the reasonable costs of enforcement, including reasonable attorney fees, if: a. The court determines that ECI 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 ECI 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 ECI 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) If ECI 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. 11 (F) IF ECI 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: RAFAELGRANADOaMIAMIBEACHFL.GOV PHONE: 305-673-7411 [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. CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Ci.y Clerk Mayor Date: 11"1‘‘. tvir ��' �•0 B °.. � it Atc C ORATED: 4 :\Sa n Erir t CAP, INC. ATTEST: A/ .� •........• BY: LA wow- r// [ /J ` / alp/ �n� fICA2 VI 7�1?SPrint Name and TitlPrint Name and Title Date: 171//18 APPROVED AS TO FORM & LANGUAGE 2 & FO XXCLITION 1-- i - 4- 1k t 13 City Attorney Date Exhibit A: Fee Schedule Summary oYyf ,Product & Service Purchase Fees D b •pio 1 Software License EnergyCAP®Enterprise,annual license,no limit on number of $12,598.84 users. 2 Implementation Services Project Management,Systems Engineering,and Implementation $27,390.68 Assistance on all facets of implementation of licensed features. 2 Training Services Training Services performed by assigned project manager. $5,738.16 2 CAPture Services Initial enrollment and setup of service and first year processing $14,635.40 service fee. TOTAL FIRST YEAR FEE(inclusive of.75%IFF fee) : $60,363.08 Estimated Three-Year Fee Summary The prices in the following Three-Year Cost Summary are based on the software features and services listed in Tables 1 &2 below. Year Three displays an estimated increase of 3%for cost of living increases. All fees are inclusive of.75% IFF fee. if Software License and Maintenance $12,598.84 $12,598.84 $12,977.00 Implementation Services $27,390.68 - - Training Services $5,738.16 - - CAPture Services $14,635.40 $11,762.40 $12,115.00 Total _ - . $60,363.08 $24,361.24 $25,092.00, Product & Service Purchase Details The following items are included in the Total Initial Fee quoted above: Table 1: Software License, Maintenance, and Hosting i P ocluot MCI Coo..e Dl EnergyCAP Enterprise 6.3 or latest EnergyCAP Web Client 3.6 or latest Licensed Number of Users Unlimited Licensed Number of Meters 500 Approx. Number of Buildings TBD Type of Buildings Municipal Approx. Commodities to be Tracked Electricity Database Hosting Hosted by EnergyCAP, Inc. Daa9 oft .re [�rC --Ru 9'04 0 033 Account&Meter Tracking Energy Procurement Reports, Charts&Graphs Benchmarking Charts ENERGY STAR Benchmarking Setup.Wizards Bill Audits Energy Use Intensity Supported APIs 14 Budgets&Forecasts Greenhouse Gas Tracking Target Comparison Calendarization Issue Tracker Tree View Navigation Cost Avoidance(M&V) Normalization Unit System (Editing) Custom Spreadsheets PowerViewsTM Use vs Weather Dashboards Project Tracking : User Permissions Data Import Templates Rate/Tariff Analysis Weather Data Electronic Bill Import Templates Report Distribution Workflow Management Energy Contract Administration A a c a@ G:'-� i C 7 Accounts Payable or General Ledger Export $1,591.28 ergyC P C oAgreeme Upon the one-year anniversary of software installation, Licensee will have the option of continuing the Maintenance Agreement for successive one-year periods.The Maintenance Agreement provides technical Included in annual support,database hosting, regular software upgrades,and access to Weather Data, Greenhouse Gas license fee conversion factors, and the ENERGY STAR interface to Portfolio Manager. Table 2: Professional Services ( Desc iptiors :r Project $20,390.68 Implementation Project management,systems engineering,and professional assistance on the Services implementation of licensed features. Base Software Features $18,090.68 Accounts Payable or General Ledger Export $2,300.00 Development Development, documentation,and delivery of the following system interfaces, $7,000.00 Services reports,and program features: Accounting System: Tyler's Munis $7,000.00 Training Services Software training services. $5,738.16 Onsite Training: 2 Training Days $5,738.16 Sessions are provided in two-day format;total of six hours per day.All trainer expenses are included. Licensee to provide training facility and equipment. No limit on number of attendees. Training Videos: No Fee Unlimited access to web-based technical training videos at: www.EnergyCAP.com/Support $14,635.40 Bill CAPture Service Utility Bill processing services. Enrollment: 338 Meters _$8.50/Meter $2,873.00 One-time account enrollment fee for up to 338 utility meters. If the number enrollments exceed the listed amount,the following fees apply:$8.50/Meter. Annual Processing: 4,056 Transactions $11,762.40 15 Annual processing fee is for up to 4,056 utility bill transactions annually in the below formats and will be added to the annual renewal invoice. If the number of transactions exceed the listed amount,the following fees apply: $2.90/Transaction (additional fee of$0.30/transaction applies for historical transactions). Pre-payment Bills: Processed within three(3)business days of receipt. Format App of Mont yalib PDF or Scanned Image 0 CSV or XLS 0 XML 0 EDI 810 0 Website CAPture 338 Mail Redirect 0 Total 338 Invoicing Schedule •iftimbraMgDcW.-, Total First Year Fee Invoice#1 - Upon Completion of Project Kickoff Meeting Software License 90% $11,338.96 Implementation Services 40% $10,956.27 CAPture Enrollment 100% $2,873.00 Invoice #2 - Upon 90 calendar days after Kickoff Meeting or Completion of Account & Meter Setup whichever occurs first. Implementation Services 50% $13,695.34 CAPture Processing Services 100% $11,762.40 Invoice #3 - Upon Project Completion Software License 10% $1,259.88 Implementation Services 10% $2,739.07 Training Services 100% $5,738.16 Annual Invoice-Upon Annual Date of Software Delivery Annual Renewal Fee Software License 100% $12,598.84 CAPture Services 100% $11,762.40 Optional Products & Services The following items are not included in the Total Initial Fee, and Licensee is not obligated to purchase the items at any time. Prices quoted for all optional items are valid for a period of three years after the initial purchase date. Prices are subject to change after the initial three-year period.The license, implementation, and annual maintenance fees will be adjusted accordingly,with updated prices to be reflected in invoices from ECI to Licensee. 16 Software License l ( Fee ' ofessiona �C 3 r re f Services ®+a es ' 'roe to Al 'iLiWIRIgiotuao To . @wan;'ees) Meter Growth: Block of 100 Meters Next tier pricing $159.12/Hour Next tier pricing Next tier pricing Chargebacks, Submeters, Bill Splits, Formulas, Mobile Meter Reader $2,546.05 $159.12/Hour $2,546.05 $2,546.05 Report Designer $1,909.57 $159.12/Hour $1,909.57 ' $1,909.57 Interval Data, Meter Data Import $1,591.28 $159.12/Hour $1,591.28 $1,591.28 Professional Services .„ >;r. ,, :.m : , ; • .. ;,: . .„ ,. ' • Eos %t Catalyst: Comprehensive User Group Training Session. Next is September 2018;for Registration more details go to www.EnergyCAPCatalyst.com Fees Apply Database Conversion,TBD Format,for up to TBD Years $159.12/Hour $7,500.00 eGauge Meter and Installation Hardware(pricing is for electric meters and phone install $1,200/Meter — support.Additional fees for other commodities or onsite installation) Online Training $191.44/Hour , — Will be added to the next renewal period. 17 Exhibit B: EnergyCAP® Enterprise Annual Software End-User License EnergyCAP, Inc. ("ECI") owns all rights and copyrights in and to the subject software product ("Software") called "EnergyCAP Enterprise version." The Software is furnished subject to the terms and conditions of this License Agreement, which has a 10-day unconditional Acceptance Period. If the Software itself or any terms of this License Agreement are not acceptable for any reason, the software and documentation must be returned within ten (10) days of purchase to ECI for a full refund. If returned, all installed copies must be uninstalled"and all Setup files must be permanently deleted. By this License Agreement, Licensee is granted a license to use the Software subject to the following terms, restrictions, and limitations: ARTICLE 1. INSTALLATION AND USE 1.1. This license allows Licensee to use the Software for internal use by its employees or contractors/consultants for the benefit of the Licensee organization only. Licensee may not use the Software to process the data of third parties or in a service bureau capacity without written authorization from ECI 1.2 Database hosted by Licensee. Licensee may install the Software on one or more file servers or multiple microcomputers for simultaneous use by multiple users within Licensee's organization. Licensee may make copies of the Software for archival, testing, training, and back- up purposes only. ARTICLE 2. SCOPE 2.1. License covers those program features, functions and modules purchased by Licensee (as documented in Exhibit A, the quote, proposal, or contract from ECI), as well as any subsequent enhancements to these features furnished to Licensee pursuant to the EnergyCAP Enterprise Maintenance Agreement. Licensee must pay an additional license fee to add features, functionality, and modules that are outside of the scope of its initial license. Such functionality (1) may have been available to Licensee at time of purchase but Licensee elected not to purchase, or (2) may be added to the Software's capabilities and offered to Licensee at a later date. 2.2. Licensee may not alter, modify, or adapt the Software or documentation, or portions thereof, in any way. Licensee may not disassemble, decompile, reverse engineer, translate or create derivative works of the Software, or portions thereof, in any way. Licensee must install and operate the Software in accordance with the documentation. This License Agreement shall be deemed automatically terminated if Licensee violates any of the foregoing. 2.3. Use of an external program to alter, edit or append records to the data files without written permission voids all warranties, as it may corrupt the database. 2.4. This License Agreement and ECI's copyrights also apply to any data that Licensee may have obtained from ECI, including without limitation weather data libraries, bundled type tables (such as the energy type table) and separate data bases. Licensee may use these data files in conjunction with its licensed copy of the Software. Licensee may not provide them to any third parties, nor may Licensee install them on any computer not running Licensee's licensed copy of the Software. 18 2.5. This license does not include supporting software and hardware required to be furnished by Licensee, such as operating systems, browsers, database engines, servers and client workstations. 2.6. Licensee grants ECI a non-exclusive, royalty-free license to use de-identified Licensee data in business intelligence initiatives. "De-identified" means data is not attributed to or identifiable as specific buildings, utility accounts, utility meters or premise addresses in a manner that could allow an observer to identify the point of service. "Use" means analysis for purposes of creating and displaying useful data-based cross-licensee products and tools, industry and regional key performance indicators (KPIs), benchmarks, and statistical results such as 'averages and means, for the distribution to and benefit of Licensees. De-identified data and analyses may be shared with non-Licensee Third Parties (such as consultants, vendors, educational and public entities), provided such Third Parties have entered into a written agreement with ECI to maintain the confidentiality of the Licensee Data. Licensee has the option of opting out of data sharing, in which case application functionality which uses shared data shall be inaccessible. Identifiable Licensee data shall not be provided to Third Parties without Licensee approval. ARTICLE 3. TERM 3.1. This License Agreement and the licenses granted hereunder are effective upon acceptance by Licensee and shall remain in effect until terminated. 3.2. Reserved 3.3. Reserved 3.4. Reserved 3.5. Reserved ARTICLE 4. LICENSE VALIDATION ECI reserves the right to include periodic expiration and validation processes in the Software to hinder software piracy and protect its rights, copyrights and intellectual property. Licensees will be provided with activation keys at no additional charge for the Term of this License Agreement. ARTICLE 5. ASSIGNMENT AND DELEGATION The license hereunder is not assignable by Licensee without ECI's prior written consent. Licensee may not transfer, distribute, rent, sub-license, or lease the Software or the documentation. ARTICLE 6. WARRANTY ECI warrants to Licensee only that, for a period of 180 days beginning on the day following the expiration of the 10-day unconditional Acceptance Period, the media containing the Software shall be free from material defects in materials and workmanship and free from intellectual property rights infringement, and, if it is not, ECI will at its option either repair and replace the same, or obtaining any necessary third-party rights, if ECI is notified of such defect and the defective media is returned to ECI, together with proof of purchase, within the 180-day period THE FOREGOING STATES LICENSEE'S SOLE AND EXCLUSIVE REMEDY, AND ECI's SOLE AND EXCLUSIVE LIABILITY FOR, ANY DEFECT, FAILURE OR OTHER PROBLEM WITH THE SOFTWARE WHATSOEVER. 19 EXCEPT AS EXPRESSLY SET FORTH IN THE PRECEDING PARAGRAPH, THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. ECI DOES NOT WARRANT THAT THE SOFTWARE WILL RUN WITHOUT ERROR OR BE PROBLEM-FREE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OR DAMAGES, CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION DATA LOSS, LOSS TO BUSINESS, OR OTHERWISE), INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR OTHERWISE, ARISING FROM OR RELATED IN ANY WAY TO THE SOFTWARE AND/OR DOCUMENTATION LICENSED BY ECI, WHETHER SUCH DAMAGES OR LOSS SOUND IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, AND ALL OTHERS), WARRANTY, OR UNDER STATUTE. ECI HAS ABSOLUTELY NO OBLIGATIONS OR LIABILITIES ASSOCIATED WITH OR ARISING OUT OF THE MANNER IN WHICH LICENSEE USES THE SOFTWARE AND OTHER DATA COVERED BY THIS LICENSE AGREEMENT. ARTICLE 7. GENERAL TERMS Reserved. ECI may modify the End-user Software License or the terms of this contract, exhibits, and any referenced attachments upon written notice to Licensee, but no such modification shall be effective prior to the end of the current Term of the subscription. If Licensee receives notice of a modification, Licensee may elect not to extend their ECMA beyond the end of the subscription Term then in effect by canceling in accordance with Article 1 of Exhibit C. 20 Exhibit C: EnergyCAP® Enterprise Maintenance Agreement ("ECMA") ARTICLE 1. TERM AND FEES 1.1. Licensee's ECMA subscription shall be for one year ("Term"). The initial Term shall commence on the date that Licensee first installs EnergyCAP Enterprise on a Licensee-owned or -operated computer or first successfully accesses licensed EnergyCAP software (not including any demonstration or trial versions installed prior to placing a purchase order with ECI.) Licensee shall promptly provide said date to ECI in writing and certified by Licensee's implementation engineer. This initial software installation date (which normally precedes the operational date of the software and related systems) shall be established as Licensee's ECMA anniversary date. On each subsequent anniversary date of Licensee's ECMA subscription, the ECMA subscription will, upon acceptance by Licensee, renew for another Term, and will continue to renew for additional Terms thereafter, unless Licensee cancels the subscription by written notice at least 30 days prior to the expiration of the then current Term. 1.2. Upon renewal, ECI will invoice Licensee for the ECMA Fee for the new Term. Licensee's ECMA subscription will be automatically cancelled if ECI has not received payment 60 days after the date of the invoice. Licensee shall be responsible for all taxes imposed by any governmental agency with respect to the services rendered by ECI. ECI may from time to time invoice Licensee for applicable Expenses (only as pre-authorized by Licensee) or other Fees for services as provided herein. Licensee's payment for such other Fees and Expenses shall be due 30 days from the date of the invoice. Licensee's failure to make payments for ECMA Fees or Expenses shall result in suspension or termination of the ECMA subscription, in addition to other remedies ECI may have for such non-payment. 1.3. The annual ECMA fee is provided in Exhibit A and reflects the software and services proposed for purchase. If no additional software licenses or services are purchased by Licensee, the stated fee will remain unchanged for a period of at least one year from date of purchase. Thereafter, ECI retains the right to increase the ECMA fee on an annual basis at a rate not to exceed the Consumer Price Index ("CPI") or three percent, whichever is greater or at the agreed upon rates in Exhibit A. ARTICLE 2. MODIFICATION AND TERMINATION 2.1. ECI or Licensee may modify the ECMA Fees or these Terms upon written notice to the other ("ECMA Modification"), but no such ECMA Modification shall be effective prior to the end of the current Term of the subscription. If Licensee receives an ECMA Modification, Licensee may elect not to extend this ECMA beyond the end of the subscription Term then in effect by canceling in accordance with Article 1. 2.2. ECI may cancel this Agreement at any time upon 30 days written notice to Licensee. If so canceled, Licensee will be refunded one-twelfth of the ECMA fee for every month remaining in its prepaid annual subscription. ARTICLE 3. SCOPE OF SERVICES 3.1. The licensed software covered under these Terms (the "Software") is EnergyCAP Enterprise versions 6.3 and later and EnergyCAP Online versions 3.5 and later and related database versions. 3.2. ECMA services include support for all ECI developed interfaces, reformatters, custom reports, or other deliverables as part of this Agreement in addition to EnergyCAP Software 21 source code. Support ensures that all custom-developed ECI deliverables function as expected after software upgrades are released. This Agreement does not provide support if Licensee requests revisions to deliverables due to a reason outside of the control of ECI. If revisions are required, then ECI shall provide a quotation to Licensee for services at ECI's then-current rates for services. 3.3. During the Term, ECI will use commercially reasonable efforts to correct or replace Software and/or provide support services to remedy material programming errors that are attributable to the Software, and which significantly affect use of the Software ("Software Defects"). SUCH CORRECTION, REPLACEMENT, OR SUPPORT SERVICES SHALL BE LICENSEE'S SOLE AND EXCLUSIVE REMEDY, AND ECI SHALL HAVE NO OTHER LIABILITY, FOR SOFTWARE DEFECTS. 3.4. ECI agrees to only provide the support services described above in Section 3.2 if Licensee (a) promptly provides ECI with reports, screen prints and all other relevant diagnostic information and assistance required by ECI; and (b) ECI is able to duplicate the problem as reported by Licensee. Licensee further agrees to provide all necessary IT support and test time on Licensee's computer system to demonstrate to ECI'S reasonable satisfaction the existence of a Software Defect. 3.5. Licensee shall inform ECI in writing of any modifications made by Licensee to the Software. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL ECI BE RESPONSIBLE FOR SUPPORTING, MAINTAINING OR PROVIDING ANY SERVICES WITH RESPECT TO SOFTWARE MODIFIED BY LICENSEE. 3.6. In the event any problems, difficulties or defects are determined by ECI to be traceable to Licensee's software, hardware, modifications or system changes, ECI shall provide a quotation to Licensee for services at ECI's then-current rates for the services provided by ECI in connection with any such problem, difficulty, or defect. 3.7. During the term of this ECMA, ECI will provide to Licensee: a. Updates to all current licensed features, as they are commercially and generally released by ECI. In the event ECI releases new product features that are not included as standard product features for all EnergyCAP users and for which Licensee does not have a current license, then ECI shall provide a quotation to Licensee for the .new features. Licensee has the sole option to add the features and is under no obligation to do so. b. Office Hours: Staffed 8:00 AM-5:00 PM ET Monday through Friday except federal holidays. Telephone toll free support hotline 877-327-3702. c. After-Hours Support: Support ticket system at http://Support.EnergvCAP.com, website at http://www.EnergvCAP.com/Support, and online help manuals at http://Docs.EnergvCAP.com and http://Help.EnerqvCAP.com. d. Additional Support Resources: Tech Support via website, http://Support.EnergyCAP.com and http://www.EnergvCAP.com/Support. The scope and content of such materials and services shall be determined by ECI at its sole discretion. ECI shall retain absolute discretion as to the timing, scope, and content of updates, upgrades, new releases and/or new versions of the Software, including without limitation, the pricing (if any) therefore. e. Program activation codes as may be required by the EnergyCAP piracy protection scheme to operate authorized modules of the program. f. Subscription services for the ENERGY .STAR interface, access to EPA eGrid Greenhouse Gas factors, and mean daily temperature weather data provided by AccuWeather®. 22 3.8. The services provided hereunder do not include: (a) any services relating to software or hardware not provided by ECI, including, without limitation, any programming performed by Licensee; (b) training of current or new Licensee employees (technical support requests may not be used as a substitute for software training); (c) correction of user errors and database errors; (d) installation of updates, new versions, or new releases; or (e) data conversion. 3.9. ECI will use reasonable efforts to respond to all support requests submitted during standard business hours within four hours of submission. Support requests are prioritized by Licensee at time of submission into one of three categories, and ECI will make a reasonable effort to resolve the request within the specified time: (a) Routine — 5-day resolution; (b) Urgent — 2-day resolution; (c) Emergency— 1-day resolution. ARTICLE 4. LICENSEE'S RESPONSIBILITIES 4.1. Licensee shall use commercially reasonable efforts to thoroughly research all software or system problems before reporting a problem to the ECI support staff. If, upon analyzing a suspected error at Licensee's request, ECI determines that no error exists in the Software, ECI reserves the right to provide a quotation to Licensee for time spent in response to Licensee's request at ECI's then-current rates. 4.2. Licensee shall promptly install software provided by ECI, including all updates, patch disks, diagnostic programs, database scripts and new system releases. Licensee agrees and acknowledges that failure to promptly install new system releases shall release ECI from its support obligations hereunder until such time as the new release is installed. 4.3. Licensee acknowledges that it is Licensee's sole responsibility, at all times, including specifically during service functions performed by ECI, to protect the computer system database, files and software from all possible losses, including power failures, hardware failures, software problems, external influences, and inadvertent mistakes, such as operator errors, or any other cause by maintaining copies, through the use of verified daily file saves, stored on and off the premises, and such other additional methods of protection as may be available for the computer system database, files and software. 4.4. For Licensee-hosted deployments, is expected that Licensee will have the skill set and expertise to successfully execute the installation instructions, and provide ongoing support of the application in compliance with current ECI Licensee-hosted guidelines and system requirements, which are available on the EnergyCAP website. ARTICLE 5. EXPENSES In the event that ECI anticipates incurring additional expenses ("Expenses") not included in the ECMA Fee specified herein, including but not limited to, travel to and from Licensee's site, lodging, meals, telephone, and shipping, ECI agrees to notify Licensee before any expenses are incurred and upon written authorization from Licensee agrees to perform the requested services. ARTICLE 6. LIMITATIONS OF LIABILITY Reserved. ARTICLE 7. GENERAL TERMS 23 ANY MODIFICATION TO THESE ECMA SUBSCRIPTION TERMS AND CONDITIONS SHALL AUTOMATICALLY RENDER THEM VOID AND SHALL AFFECT THE CANCELLATION OF SERVICES PROVIDED HEREUNDER. Reserved. • ARTICLE 8. SUBSCRIPTION SERVICES TERMS & CONDITIONS OF USE Before using EnergyCAP, Inc. subscription-based products, such as the interface to ENERGY STAR Portfolio Manager, Weather Data, and Greenhouse Gas Emission factor updates, Licensee should carefully read the following terms and conditions. Licensee's use of ECI's subscription-based products ("Subscription Products") implies that Licensee has read and accepted the following terms and conditions: 8.1. Reserved 8.2. ECI's Subscription Products are intended for Licensee's own use. Licensee may not place any of ECI's Subscription Products, including imported third-party content and/or data, modified or unmodified, on a diskette, CD, DVD, flash drive or any other medium and offer them for redistribution, re-broadcast, or resale of any kind. 8.3. Licensee may not claim intellectual or ownership rights to any of ECI's Subscription Products, modified or unmodified. All Subscription Products and contents therein are property of ECI or independent third-party providers. Third party content and/or data may be imported or may be accessible via links from our Products. Licensee acknowledges and agrees that ECI is not responsible for and assumes no liability for any loss or damages which may be incurred as a result of any mistakes, omissions, or incorrect data or representations or any other form of content provided by ECI. 8.4. ECI's SUBSCRIPTION PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Neither ECI, nor any data suppliers or third-party providers make any warranty whatsoever as to the accuracy or completeness of the content or the results to be obtained from using the information contained therein, and neither ECI nor any data suppliers or third party providers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the content or results thereof. The entire risk for the results and performance of the Subscription Products is assumed by Licensee. 24 Exhibit D: EnergyCAP® Enterprise Implementation Services Agreement This Agreement provides the terms and conditions by which EnergyCAP, Inc. ("ECI") agrees to furnish Software Implementation Services ("Services") to Licensee in order to assist Licensee in making EnergyCAP Enterprise software ("Software") operational, as required by Licensee, in a timely manner. ARTICLE 1. SCOPE 1.1. ECI shall, as an independent contractor, provide certain consulting, software development, implementation, training, and other services as described in Exhibit A or, after project has commenced, in a Quote form, which lists the specific implementation tasks and functional requirements for the Services. Any Services not listed in Exhibit A or Quote form are not included in this Agreement. All software delivered under this Software Implementation Services Agreement shall be included in the definition of "Software" set forth in the EnergyCAP Enterprise Software End-User License and referred to in the Software Purchase Agreement as Software End-User License. Accordingly, ECI shall support all software delivered under this Software Implementation Services Agreement under the terms of any in-force EnergyCAP Maintenance Agreement. 1.2. Variance. The details specified in Exhibit A, as well as correspondence between Licensee and ECI leading up to establishing this agreement, represent factors that have influenced ECI pricing and terms. ECI has relied upon Licensee's accurate and complete representation of its needs to establish its price and terms. Variations from what is represented in Exhibit A or correspondence between Licensee and ECI during the pre-contract period that are discovered during the execution of implementation services, whether due to reorganization, merger, acquisition, increase in scope, addition of services, etc., shall be considered by Licensee and ECI as beyond the scope of this agreement. ECI reserves the right to charge additional fees, over that specified in Exhibit A, with prior Licensee written authorization to satisfy the additional scope. If Licensee does not authorize the additional fees, then ECI reserves the right to withhold or restrict services provided to Licensee for what is deemed to be out of scope. 1.3. Baseline Project Plan and Delays. When contracted services are bounded by scope, and not by a set number of hours, Licensee and ECI shall agree to a Baseline Project Plan outlining the tasks, milestones, and resources that are necessary to complete the contracted scope of work. When feasible, the Baseline Project Plan may be provided as part of Exhibit A. When a Baseline Project Plan is not included in Exhibit A, Licensee and ECI shall establish a mutually agreeable Baseline Project Plan immediately following the initial project kickoff meeting. The Baseline Project Plan shall establish an expected project duration during which Licensee and ECI shall commit the necessary resources to execute the tasks contained therein. During project execution, an Active Project Plan will be maintained to reflect the progress of the work as well as any delays. Project delays will be measured by comparing the Baseline Project Plan duration to the Active Project Plan duration. In cases where the variance is 10%, or greater, (Active Project Plan Duration — Baseline Project Plan Duration / Baseline Project Plan Duration), ECI shall notify Licensee and propose a course of action to prevent the project from slipping further. Delays caused by ECI will be refactored into the Baseline Project Plan therefore reducing the calculated project variance. In cases where the variance reaches 20%, or greater, due to delays caused by Licensee, ECI shall confer with Licensee on the following remedies: a. Reduce Scope of Work. ECI and Licensee agree to reduce the remaining work in order to accommodate finishing the project within a maximum of 20% project variance. 25 b. Extend Project Duration. ECI and Licensee agree to amend this agreement to provide the additional budget necessary to complete the remaining work. Additionally, ECI and Licensee will update the Baseline Project Plan to reflect the revised timeline for completing the work. 1.4. Change Requests. If, due to Licensee action or request, the implementation task attributes (description, conditions for satisfactory completion, resource assignment, duration) outlined in Exhibit A or the Baseline Project Plan change at any point following contract acceptance, ECI retains the right to provide a Change Order quotation to Licensee for additional services and, upon acceptance, invoice Licensee for costs incurred by ECI due to the task change(s). Task changes for which additional fees may apply include, but are not limited to, addition of licensed software features, changing the primary point(s)-of-contact designated by the Licensee resulting in the need for duplication of training and coordination tasks, acceleration of the project timeline, or placing the implementation project on hold for an extended period of time, resulting in the need for remobilization at a later time. Fees related to the task change(s) will be calculated at ECI's then-current hourly rates and documented in the Change Order, and the Change Order will be submitted to Licensee for approval prior to acceptance or invoicing by ECI. 1.5. Historical Data Conversion. For projects including data conversion services by ECI, ECI and Licensee will determine the most appropriate method for validating imported bill history prior to commencing conversion. Validation methodology is largely dependent upon the level of detail contained in the history as well as the existence of an external source of comparison. Subsequent to the initial conversion, should Licensee discover the method of validation was incomplete, didn't account for important details, or discovers some other material defect which renders the historical conversion invalid, ECI will perform up to two additional conversion iterations provided that 1) the total effort involved in the iterations following the first conversion consume no more than 10% of the total initial conversion effort and 2) requests for additional iterations are made within a four-week period from the date ECI notified Licensee the first historical conversion was completed. If requested iterations do not meet these criteria, then ECI shall provide a quote to Licensee based on ECI's then-current rates. 1.6. Custom Development. Licensee is responsible for delivering complete custom development specifications to ECI before commencement of development services. ECI will develop deliverables in the agreed upon timeframe as outlined the project schedule. Delivered items will be referenced as "functional deliverables". Receipt of full payment for the deliverable based on the invoicing schedule, or a statement of acceptance of the deliverable, constitutes "final acceptance" by Licensee that ECI has delivered custom software that meets pre-determined specifications. Therefore, any subsequent requests for changes shall be scoped, priced, and contracted separately. Prior to final acceptance ECI will provide up to two iterations of functional deliverables as long as the scope change is minimal and in sum amount less than 10% of the total cost of the deliverable. Each iteration must be requested by Licensee within a four-week period from first delivery of the functional deliverable. If the iterations exceed 10%, if Licensee requests more than two iterations, or if the timeframe exceeds four weeks from original delivery date, then ECI shall provide a quotation to Licensee for services at ECI's then- current rates for services. ARTICLE 2. DILIGENCE 2.1. ECI shall appoint sufficient staff of suitable training and skills to provide the services called for by this Agreement. ECI reserves the right to subcontract portions of the Services, provided that the'subcontracting firm is (1) capable of providing the services, (2) will be disclosed to Licensee upon request, and that (3) ECI will remain responsible for all subcontracted portions. 26 ECI shall endeavor to complete tasks per the delivery dates shown in Exhibit A or Quote form. Completion dates may be extended at no fault to ECI due to uncontrollable factors beyond the control of ECI. ARTICLE 3. ACCEPTANCE OF DELIVERABLES 3.1. Each deliverable shall be subject to review by Licensee to verify that the deliverable is acceptable to Licensee. In the event that any deliverable is not acceptable to Licensee, Licensee shall give ECI written notice thereof and shall cooperate with ECI in identifying what aspect of the deliverable fails to conform. ECI shall, at no cost to Licensee, promptly correct any deficiencies which prevent such deliverable from conforming. If the deliverable does not conform within a reasonable period of time after initial delivery to Licensee, Licensee may (i) immediately terminate this Software Implementation Services Agreement, the Software Purchase Agreement and/or any attachment thereto, for cause in accordance with Article 9 of this Software Implementation Services Agreement, or (ii) require ECI to continue to attempt to correct the deficiencies, reserving the right to terminate as above at any time. ARTICLE 4. LIMITATION OF LIABILITY Reserved. ARTICLE 5. REMEDIES EXCEPT FOR OTHER REMEDIES SET FORTH IN THIS SOFTWARE IMPLEMENTATION SERVICES AGREEMENT, THE SOLE AND EXCLUSIVE REMEDY FOR FAILURE OF ECI TO PROVIDE THE SERVICES OR FOR ANY BREACH OF THIS SOFTWARE IMPLEMENTATION SERVICES AGREEMENT BY ECI SHALL BE TERMINATION OF THE SERVICES BY LICENSEE IN EXCHANGE FOR A FULL REFUND OF ALL AMOUNTS PAID UNDER THE SOFTWARE IMPLEMENTATION SERVICES AGREEMENT. ARTICLE 6. LIMITED WARRANTY REGARDING SERVICES ECI warrants that (a) it shall make its best effort to provide the Services substantially free of defects and malfunctions, (b) each deliverable will have all of the functions and features and perform as agreed by the parties in Quote form or Software Purchase Proposal, (c) the deliverables do not and shall not infringe any patents, copyrights, trade secrets, or other intellectual property, proprietary or contractual rights of any third party, and (d) Licensee shall have the full right to use and exploit such materials in accordance with the terms and conditions of this Software Implementation Services Agreement without claims from any third party, including, without limitation, any employee, agent or subcontractor of ECI. ECI shall remedy any failure to comply with the foregoing warranties at no cost to Licensee, including, without limitation, by repairing or replacing any non-conforming deliverables and/or obtaining any necessary third-party rights. ARTICLE 7. TERM This Agreement shall remain in full force and effect until Services have been completed by ECI, accepted by Licensee, and paid in full, except that Licensee may terminate this Software Implementation Services Agreement, the Software Purchase Agreement and/or any attachment thereto, by providing written notice to ECI if (a) ECI fails to satisfactorily perform its contracted duties and responsibilities in accordance with this Software Implementation Services Agreement, the Software Purchase Agreement and/or any attachment thereto, or (b) ECI materially breaches any representation, warranty or covenant set forth in this Software Implementation Services Agreement, the Software Purchase Agreement and/or any attachment 27 thereto, and ECI is unable to cure such failure or breach within thirty (30) days of receipt of notice from Licensee specifying Licensee's intention to terminate if such deficiency is not cured. The rights and remedies of Licensee provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by or in law, equity or under this Agreement. ARTICLE 8. INDEPENDENT CONTRACTOR STATUS ECI will render the services hereunder as an independent contractor (and not as an employee or agent of, or joint venturer with, Licensee) and, accordingly, neither ECI nor Licensee will (a) participate in any of the other parties' employee benefits plans nor receive any other compensation beyond that stated in this Agreement, (b) have the power or authority to bind the other party or to assume or create any obligation or responsibility, express or implied, on the other party's part or in the other party's name, except as otherwise set forth in this Agreement, or(c) represent to any person or entity that Licensee or ECI or any employee of Licensee or ECI has such power or authority. Each party shall be solely responsible for determining the manner and means by which it performs the duties and responsibilities assigned to it, and shall be solely responsible and liable for its employees and agents and their acts. Licensee shall make the payments due to ECI under this Agreement without any deductions for Social Security, employment, payroll or similar taxes, in accordance with the status of ECI as an independent contractor. ECI shall indemnify Licensee for any losses resulting from any failure of ECI to pay withholding, employment, or unemployment taxes or worker's compensation payments with respect to ECI's employees or approved subcontractors. • 28 Exhibit E: EnergyCAP® Database Hosting Service Agreement ARTICLE 1. HOSTING SERVICE ECI may, at Licensee's option, act as the Licensee's Hosting Agent and host Licensee's EnergyCAP database(s) in environments managed by ECI. ECI can provide additional information upon request. 1.1. ECI owned hosting hardware is located in a commercial co-location facility that has secure access, redundant high-speed Internet access, redundant power, and redundant cooling. 1.2. ECI owned hardware will include a multi-processor database server with RAID and mirrored drives, Microsoft Server OS, Microsoft SQL Server, and separate web server. 1.3. Databases will be backed-up regularly to on-site and off-site locations. Additionally, databases are backed up to a secondary database server in near real-time. 1.4. Guaranteed system availability of 98% during customary Eastern Time Zone business office hours. Licensee shall be entitled to a credit of $500 if system availability in any calendar quarter falls below 98% for that quarter. 1.5. Licensee may elect, at an additional fee, to have ECI host one or more separate EnergyCAP databases for testing purposes. The test database will be in addition to Licensee's production database(s), and the following terms will apply to the test database: a. The test database will be set up initially as a restored copy of Licensee's production database. b. ECI will, up to two times per 12-month period and upon Licensee's request, delete the test database and replace it with a new backup of Licensee's then-current production database. c. The test database will be upgraded by ECI as part of the normal production environment upgrade process. d. Test databases are not considered to be critical databases and, therefore, are not subject to ECI's standard service level agreement(SLA)terms. e. Test databases are backed-up nightly; however, a hot-swappable backup is not created. In the event of a server failure the most recent backup copy of the test database (up to 24 hours old)will be restored for Licensee access. f. All standard ECI hosting service terms and conditions apply to test databases, unless stated otherwise in this Paragraph 1.5. 1.6. Licensee may elect to have ECI host bill images in its hosting environment. Additional fees apply. 1.7. ECI will upgrade the database and/or web application when updates are released by ECI for Licensee access based on the following policy: For Major Releases • Major releases are defined as upgrades including new modules, major redesigns of modules, or brand-new versions. These are numbered as X.0 or 7.X versions. Anything listed as 7.1.XX or lower is considered a minor release. • ECI will make a reasonable effort to notify Licensee at least two weeks in advance of all upgrades. 29 • Release notes will be provided and made available to Licensee. For Minor Releases • Minor releases are defined as upgrades including minimum enhancements to modules, minor bug fixes, or other low impact upgrades that are not substantial. These are numbered as 7.1.XX versions. • Advanced notice will not be provided to Licensee. • Release notes will be provided and made available to Licensee. ARTICLE 2. DATA OWNERSHIP & CONFIDENTIALITY 2.1. Ownership of proprietary EnergyCAP SQL database schema resides with ECI. Database schema includes database design elements, to include: table and field design; indexes and triggers; stored procedures, scripts and views. 2.2. Ownership of Licensee originated data resides with the Licensee. ECI shall treat Licensee databases as confidential information and shall not release, divulge, or provide access to data by any third parties without the prior consent of Licensee: a. The EnergyCAP application does not store or process any personal information aside from Username, Email, and contact information. b. EnergyCAP utilizes secure Web and FTP traffic as needed for implementation and other client projects. c. EnergyCAP does not encrypt database files. Communication between the installed workstation or Web application can use SSL encryption (128-bit) for all data transfer on a site-to-site basis. ARTICLE 3. HOSTING SERVICE TERMINATION 3.1. ECI reserves the right to terminate Hosting Agent services upon 180 days written notice to Licensee and shall transfer Licensee data to Licensee upon termination. 3.2. Licensee reserves the right to terminate Hosting Agent services upon 30 days written notice to ECI in which case the database will be delivered to Licensee for Licensee hosting. Termination of the Hosting Agent Service does not automatically terminate the License or ECMA agreements as Licensee reserves the option to host at any time. Professional services to assist Licensee IT personnel with establishing their hosting environment may be purchased for an additional fee. 30 Exhibit F: EnergyCAP® CAPture Services ARTICLE 1. BILL CAPTURE BILL ENTRY SERVICE If elected by Licensee, EnergyCAP, Inc. ("ECI") will provide ongoing Bill CAPture utility bill processing services to Licensee for bill import into Licensee's EnergyCAP database. Licensee must maintain an active and current ECMA in order to subscribe to the Bill CAPture service. The following service terms apply: 1.1. Definition of a Meter: A meter is a point of service as itemized on a vendor bill and/or tracked in EnergyCAP as a meter. It may represent points of_service for which no physical meter exists, such as sewer, fire lines, outdoor lighting, fuel oil tanks, storm drainage, ISP and telephone service, etc. 1.2. Definition of a Transaction: Each meter (refer to 1.1. Definition of a Meter) present on a utility bill invoice constitutes a transaction. Utility bills that include multiple meters, therefore, will result in multiple transactions — one transaction for each meter. Deregulated bills issued separately by a supplier and an LDC count as two transactions per deregulated meter. Multiple bills from the same vendor for the same meter(s) for the same service period —whether they be rebills or corrected bills—will be counted as additional transactions. 1.3. Meter Enrollment: The Meter Enrollment Fee stated in Exhibit A is a one-time fee for the enrollment of the listed number of meters (refer to 1.1. Definition of a Meter) in the Bill CAPture service. Deregulated meters serviced by both a supplier and an LDC require two-meter enrollments. An additional per-meter enrollment fee will be charged when a new meter is submitted by Licensee or a Licensee vendor for Bill CAPture enrollment. The fee covers the cost of preparing the Bill CAPture service for processing a new meter but does not include utility bill account management within EnergyCAP. Licensee is responsible for all EnergyCAP data revisions and maintenance including but not limited to: the creation of new accounts, meters, places, and vendors, managing account number changes, and taking action on bill kick-out reports. Licensee is responsible for notifying ECI about any expected account or meter number changes the utility vendors may make to Licensee's utility accounts. This will assist the Bill CAPture processing team from distinguishing what meters are considered new meter enrollments and which are existing meter enrollments. If advance notice is not given then all processed meters that have new account or meter numbers will be considered new meters and additional meter enrollment fees may be charged to Licensee. ECI and Licensee will schedule a time for initiation of the enrollment process. Meter enrollment will commence within sixty (60) calendar days following ECI's receipt of all Licensee Meter Enrollment data. Enrollment will be completed within a mutually agreed upon timeframe. It is expected that account numbers and all data will be setup correctly in Licensee's EnergyCAP database prior to Bill CAPture enrollment. If, upon the initial entry of bill data, bill records unsuccessfully import and return in the bill kick-out log file, it is the responsibility of Licensee to make the necessary corrections in EnergyCAP. If Licensee requires ECI's assistance, ECI retains the right to provide a Change Order quotation to Licensee for the necessary scope of work to edit existing account, meter, and vendor fields and, upon acceptance, invoice Licensee for the additional work. 1.4. Bill Processing: The Bill CAPture service is contracted for a stipulated term with annual processing fees at a stipulated rate for a stipulated number of transactions. The stipulated number of transactions is used by ECI to reserve processing capacity for Licensee, and may include ECI contractual obligations to one or more third party service providers. The annual processing fee does not include historical bill data (refer to 1.5. Service Level Agreement, Historical Bills) transactions which may be charged at a different rate. The annual processing 31 fee stated herein assumes that Licensee, and utility vendors on behalf of Licensee, will provide bills to ECI in the formats illustrated in the table below. Data files can be transferred via website upload, secure FTP transfer, or other means agreed to by both ECI and Licensee. If the Licensee requests a change in utility bill formats causing the scope of bill delivery to change at any point, ECI retains the right to provide a Change Order quotation to Licensee and, upon acceptance, invoice Licensee for any changes in costs due to the task change(s). 1.5. Service Level Agreement: ECI will process Licensee's utility bills within the timeframe selected below by Licensee. ECI's processing includes all body lines from the utility bills. If available, an electronic image of each bill will be linked to each utility bill processed by ECI and is subject to the terms of Licensee's database hosting agreement and associated image hosting fees. Pre-Payment Bills: Processed within three (3) business days of receipt by ECI from Licensee or Licensee's vendor(s). Pre-Payment Bills are defined as "live" current bills; bills that have not yet been processed for payment by Licensee. Licensee will use the Bill CAPture service as part of its bill payment process. Current bills are defined as bills with an end date no earlier than sixty (60) calendar days before the upload date. Post-Payment Bills: Processed within five (5) business days of receipt by ECI from Licensee or Licensee's vendor(s). Post-Payment Bills are defined as current bills that have already been processed for payment by Licensee via other means and EnergyCAP is not part of Licensee's bill payment process. Current bills are defined as bills having an end date no earlier than sixty(60) calendar days before the upload date. Website CAPture: Processed within five (5) business days in addition to the processing times listed above for Pre-and Post-Payment Bills. In the event of credential failures, missing bills, website changes, or other issues outside of ECI's control that prevent the system from accessing bill images, these incidents are excluded from SLA calculations. Historical Bills: Processing time varies based on volume. Delivery dates will be mutually agreed upon by both ECI and Licensee. Historical bills are defined as bills having an end date greater than sixty(60) calendar days from the upload date. 1.6. The following services are included for each version of software deployment: • ECI Hosted: o ECI will process bills, import or enter bills directly into Licensee's database, and link bill images (if available). o ECI will run a standard list of Bill CAPture audits on entered bill data to ensure data accuracy. o ECI will notify Licensee via email when the bills have been imported. o ECI will distribute exception reporting and audit results to designated Licensee contacts. o Licensee is responsible for reviewing bill import kick-out log files and taking action on those files. 32 o Licensee is responsible for all bill import related account management within EnergyCAP (create/edit/move/delete accounts, meters, buildings, hierarchy, vendors, etc.). ■ Licensee Hosted: o ECI will process bills and provide to Licensee import-ready files of bill data, along with linked bill image files (if available). o Licensee is responsible for uploading files into EnergyCAP, auditing bills, running reports, and managing all workflow thereafter. o Licensee is responsible for all account management within EnergyCAP (create/edit/move/delete accounts, meters, buildings, hierarchy, vendors, etc.). 1.7. Licensee may cancel the service upon thirty (30) days written notice to ECI. ECI may cancel the service upon ninety (90) days written notice to Licensee. If so canceled by ECI, Licensee will be refunded 100% of the amount calculated as follows: annual contracted amount less cost of processed annual and historical bill transactions. If so canceled by Licensee, Licensee will be credited 75% of the amount calculated as follows: value of remaining unused calendar months in the specified term less cost of processed annual and historical bill transactions that are in excess of the expected monthly transaction total for the specified period. A reactivation fee may apply if Licensee cancels subscription and in the future wishes to re- subscribe to service. 1.8. ECI reserves the right to subcontract portions of the Deliverables, provided that the subcontracting firm is (1) capable of providing the services, (2) will be disclosed to Licensee upon request, and that (3) ECI will remain responsible to Licensee for all subcontracted portions. 1.9. Upon the anniversary date of each annual term stipulated in the contract, ECI will invoice Licensee for the current contracted Bill CAPture annual processing fee for the next annual term. If the total number of meter enrollments and/or transactions (historical and annual) processed in the completed term exceeds the contracted amount, ECI will invoice Licensee for the additional charges. When the total number of meter enrollments and/or transactions processed in the completed term is less than the contracted amount, they shall be considered unused. Any unused meter enrollment and/or transactions shall not roll over into the next renewal term nor shall Licensee receive any credit, allowance, or deduction as a result. 1.10. ECI may increase Bill CAPture fees upon renewal for any reason. ECI will provide to Licensee written notice of any fee increase at least thirty (30) days in advance of the renewal date. 1.11. Bill CAPture is an economical service designed to eliminate manual bill entry and replace it with bill imports. It is not a complete utility bill processing outsource solution and does not include such services as: researching missing or questionable bills; contacting utility vendors for any reason on behalf of Licensee; making payments to vendors; setting up new accounts, meters, buildings or vendors in EnergyCAP or otherwise managing account data; producing reports and automating processes other than stated as Deliverables; researching, clearing or resolving bill audit results or missing bills reports; resolving or managing vendor-created issues such as cancel/rebills, corrected bills, misapplied payments, late fees, bills sent to incorrect customer, or other account management issues. 33 1.12. Limitation of Liability: Reserved. ARTICLE 2. OPTIONAL SMART CAPTURE SERVICE If elected by Licensee, EnergyCAP, Inc. ("ECI") will provide ongoing SMART CAPture meter data processing services to Licensee for import into Licensee's EnergyCAP database. As a SMART CAPture service subscriber, ECI will automate the process of extracting, transforming, and loading interval data that is already available to the Licensee. Licensee must maintain an active and current ECMA in order to subscribe to the SMART CAPture service. The following service terms apply: 2.1. ETL Process and Timing. ECI shall extract, transform, and load interval data provided from the identified data source on behalf of the Licensee. ECI guarantees that data provided by the data source shall be loaded into Licensee's EnergyCAP database within an agreed upon timeframe between ECI and Licensee. Licensee is responsible for ensuring data is available from the subscribed data sources. 2.2. Data Quality. ECI does not evaluate the accuracy or quality of the data provided by the data source, however it does ensure the highest level of accuracy and quality in the extract, transform, and load process. 2.3. Enrollment Process and Responsibilities. ECI shall work with Licensee through each step of enrollment leading up to live interval data appearing in Licensee's EnergyCAP database. Enrollment steps vary based on the data source providing the interval data. ECI shall not configure Licensee or third-party owned equipment in the process of enrollment. Licensee is responsible to provide ECI with the required credentials and/or access to the data sources containing the interval data. Licensee is responsible to create and maintain the credentials for each data source. Licensee is responsible for configuring EnergyCAP meters to receive the interval data provided by the SMART CAPture Subscription. This includes updating Import IDs with the correct data source meter identifier as well as creating interval data channels to receive the data provided by each data source for the enrolled meters. Training Services are recommended to assist Licensee with this effort. 2.4. Ongoing Service Terms and Conditions. Licensee is responsible for all EnergyCAP data revisions and maintenance including but not limited to: the creation of new meters, managing Import ID changes, and taking action when data sources fail to provide data on the expected schedule. SMART CAPture is an economical service designed to eliminate manual interval data entry. It is not a complete outsource solution and does not include such services as: researching missing data; contacting utility vendors or other third-parties on behalf of Licensee; setting up new meters in EnergyCAP or otherwise managing meter data; producing reports and automating processes other than stated as Deliverables; analyzing interval data; resolving or managing issues caused by vendors and/or third-parties such as data outages, data quality, changes in data formats, or other issues impacting the availability of subscription data covered by the SMART CAPture Service. ECI and Licensee will schedule a time for initiation of the enrollment process. Licensee may at any time request a quote to enroll additional meters in the service. 2.5. Cancellation. Licensee may cancel the service upon thirty (30) days written notice to ECI. ECI may cancel the service upon ninety (90) days written notice to Licensee. If so canceled by either party, Licensee will be refunded one-twelfth of the SMART CAPture fee for every full month remaining in Licensee's prepaid annual subscription. A reactivation fee may apply if Licensee cancels subscription and in the future wishes to re-subscribe to service. 34 2.6. Subcontracting. ECI reserves the right to subcontract portions of the Deliverables, provided that the subcontracting firm is (1) capable of providing the services, (2) will be disclosed to Licensee upon request, and that (3) ECI will remain responsible for all subcontracted portions. Licensee consents to ECI and to ECI's subcontracting firm(s) contacting Licensee's utility vendors from time to time when general information related to vendor utility bills is required. 2.7. Renewal. Upon renewal, ECI will invoice Licensee for the total annual SMART CAPture fee for the new renewal term, based upon the subscribed number of meters per month. After the first anniversary of payment of the SMART CAPture fee, on each subsequent anniversary ECI may increase the SMART CAPture fees. ECI will provide to Licensee at least sixty (60) days advance written notice of any fee increase. 35 EXHIBIT G RESOLUTION, COMMISSION ITEM, AND COMMISSION MEMORANDUM RESOLUTION NO. 2018-30269 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 QUALIFICATIONS (RFQ) . NO.2018-071-KB FOR ENERGY UTILITY BILLING MANAGEMENT SYSTEM; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ENERGYCAP, INC., AS THE TOP RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK.TO EXECUTE AN. AGREEMENT WITH ENERGYCAP, INC. UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on. December 13, 2017, the City Commission approved the issuance of Request for Qualifications (RFQ) No. 2018-071-KB for Energy Utility Billing Management System;and WHEREAS, Request for Qualifications.No. 2018-071-KB (the"RFQ") was released on December 15,2017;and WHEREAS,:a voluntary pre-proposal meeting was held on December 22,2017;and WHEREAS,on February 5,2018,the City received a total of six.(6)proposals;and WHEREAS, on March 14,2018, an Evaluation Committee("Committee")appointed by the City Manager,.via Letter to Commission(LTC)No. 057-2018, convened to consider 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's ranking was as follows: Dude. Solutions, Inc. and EnergyCAP, Inc., as the top ranked proposers; Pennons Associates Inc. and THG Energy Solutions,as the third ranked proposers;EMS, LLC,as the fifth ranked proposer; and The Eric Ryan Corporation,as the sixth ranked proposer;and WHEREAS, after reviewing all the submissions and the results of the evaluation process, the Evaluation Committee process resulted in:, a tie for top ranking between EnergyCAP and Dude Solutions;and WHEREAS,in considering how to break the tie between these firms,and in accordance with Section 2-369 of the City Code, the City Manager recommends award to EnergyCAP for two main reasons: (1) based on review of the record, the City Manager believes that EnergyCAP has provided a proposal With superior qualifications, technical approach, and historical performance; and (2) Dude Solutions would be performing the services In North Carolina,which implicates Resolution No.2016-29375,wherein the City Commission imposed a moratorium on the purchase of goods,or services sourced:in North Carolina and Mississippi, until such time as discriminatory and invidious legislation in those states are repealed or declared unconstitutional;and WHEREAS, based on the foregoing,the City Manager recommends that the Mayor and. City Commission authorize the Administration to enter into negotiations with EnergyCAP, the 1 •36 • top ranked proposer, and further authorize the Mayor and City Clerk to execute an agreement with the successful proposer upon conclusion of negotiations by the Administration. 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 hereby accept the recommendation of the City Manager, pursuant to Request for Qualifications(RFQ)No.2018-071-KB for Energy Utility Billing Management System; authorize the Administration to enter into negotiations with EnergyCAP, the top ranked proposer; and further authorize the Mayor and City Clerk to execute an agreement with the successful proposer upon conclusion of negotiations by the Administration. PASSED AND ADOPTED this 1/ day of r' 2018.. Dan.Gelber, Mayor ATTEST: 117 R fael .Gran dry,City Clerk • T:\AGENDA12018104 ApriMrocurement\RFQ 2018-071-KB Energy Utility Billing Management\RFQ 2018-071-KB Energy Utility Billing Management Software-Resolution,doc r `% 1 J ff, ,� APPROVED AS TO FORM&LANGUAGE • rt• ' &FOR EXEGtm0N C i,> ;1d ;OBp RATED: Go N \“ ' �e -� �--, 3-17't R3S,� +''• 37 Resolutions-C7 Z MIAMI BEACH • COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission • FROM: Jimmy L.Morales,City Manager DATE: April 11,2018 • 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 QUALIFICATIONS (RFQ) NO. 2018- 071:-KB FOR ENERGY UTILITY BILLING MANAGEMENT SYSTEM;. • AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH • • ENERGYCAP, INC, AS THE 'TOP RANKED .PROPOSER; •AND FURTHER. • AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT • WITH ENERGYCAP, INC. UPON CONCLUSION OF' SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION Adopt the Resolution. ANALYSIS City-owned buildings and facilities produced over 65%of the government operations greenhouse gas' (GHG) emissions in 2015. Electricity was the.largest source of emissions, accounting for 77% of emissions. There was an increase of 3.7%in GHG emissions from government operations between 20.14 and 2015 and the greatest Increase in emissions came from electricity use in buildings.In 2015,- the 015,the city spent about$5.2M on electricity for government operations,equivalent to 54,556,449 kWh. The Environment & Sustainability Department Is working with.several departments.to manually compile the municipal buildings'electricity data into the Energy Star Portfolio Manager platform for an energy assessment.The Energy Star Portfolio Manager is a free online platform that measures and tracks energy and water consumption,as well as GHG emissions,and can be used to benchmark the performance of one building oran entire portfolio of buildings. Through the energy assessment and data compilation Into Energy Star Portfolio Manager, staff identified challenges to obtain.and track:electricity data from the utility Florida Power and Light (FP&L). Some provided accounts seem to have some data errors and others appear to be inoperative accounts. Furthermore,the electricity'bills are currently paid by each Department without a•standard audit to verify whether these bills are correct or-Whether the.city is being overcharged. The city also lacks a tracking system to verify data fluctuations and.understand anomalies.The city needs to track and monitor utility'bills to correlate cost and consumption information, In order to be able to improve optimal energy perfommnce. In order to address energy manage nt challenges and reduce government operations inefficiencies,. on July 7, 2017, staff from the Environment & Sustainability Department together with Property 730 • 38 Management Department requested funds to the iT Steering Committee for the purchasing of a utility bill and energy management software. This software should address challenges such as utility bill processing, data integration, transparency, workflows, reporting, project prioritization, tracking and verification of savings. This software should also assist the city to organize the data, better understand inefficiencies, reduce energy consumption, lower emissions; and save money. The IT Steering Committee allocated funds far the software and on September 15, 2017,the Commission • approved the allocation of funds during the.Budget Hearing. Therefore,the City requested proposals from qualified firma for turnkey enterprise Energy Utility Billing Management System(System)that is capable of tracking,reporting,managing and archiving energy use,savings and issues, such as bill anomalies,,changes in usage, or changes inbilling programs from energy utility providers,within the City. RFQ PROCESS On December 13,2017, the City Commission approved the issuance of Request for Qualifications (RFQ)No.2018-071-KB for Energy Utility Billing Management System. On December15,2017,the RFQ was issued. The Procurement Department.issued solicitation notices to 223 firms utilizing www.publicpurchase.com. 51 prospective proposers accessed the advertised solicitation..A voluntary pre-proposal conference to provide information to the proposers submitting a response was held on December 22,2017.RFQ responses were due and received on February 5,2018.The City received a total of six(6)proposals.The City received proposals from the following firms: • Dude Solutions, Inc. • EDMS,LLC • EnergyCAP, Inc. • Pennoni Associates Inc. • The Eric Ryan Corporation • THG Energy Solutions On February 8, 2018 the City Manager appointed the Evaluation Committee via LTC #057-2018, The Evaluation Committee converted on March 14, 2018 to consider proposals received. The committee was comprised of Alyssia Berthoumeux, Sustainability Specialist, Environment & Sustainability Department, City of Miami Beach; Laura Ferrer,Chief Mechanical Inspector, Building Department, City of Miami Beach; Frank Garcia, Construction Manager, Property Management Department, City of Miami Beach; Sara Patino,Accounting Manager, Finance Department, City of Miami Beach; and Frank Quintana, Division Director, Information'Technology Department, City of Miami Beach. The 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, a copy of each proposal, and a presentation by each proposing'firm The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ.The. evaluation process resulted in the ranking of proposers as indicated in Attachment A,,in the following order: Tie for 1st: Dude Solutions,Inc.and EnergyCAP,.Inc. Tie for 3rd: Pennoni Associates Inc.and THG Energy Solutions 5th: EDMS,LLC 6th: The Eric Ryan Corporation • It is important to note that the proposal submitted by Dude Solutions, Inc. indicates that it is headquartered in Cary, North Carolina and does not have a local office. Pursuant to Resolution 731 39 2016-29375,the City of Miami Beach,Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. While Dude Solutions has indicated that a portion of the services. are to be delivered by its subcontractors, Dude Solutions is the primary contracting agent and all services are to be sourced or coordinated by the firm. CONCLUSION After reviewing all the submissions and the results of the evaluation process,I find that the Evaluation Committee process resulted in.a tie for top ranking between EnergyCAP and Dude Solutions. In considering how to break the tie between these firms,two main factors are relevant.First,Resolution 2016-29375,the City of Miami Beach,Florida prohibits the purchase of goods or services sourced in North Carolina and Mississippi. This prohibition, in Itself,will prohibit the City from contracting with Dude Solutions as the Resolution does not contain a waiver provision to the prohibition. Second, . notwithstanding the aforementioned prohibition, I find that EnergyCAP has provided a proposal with superior qualifications,technical approach,and historical performance.Some of the highlights of the proposal and oral presentation submitted by EnergyCAP,as articulated by the Evaluation Committee, include: • EnergyCAP has been in business since 1982 and has been named an ENERGY STAR Partner of the year winner for multiple years. • EnergyCAP has a library of 55 utility bill audits and more than 300 reports available for the City's use upon implementation of the software. • EnergyCAP's customers have been using its platform for numerous years which demonstrates Its ability to maintain customers and The customers'contentmentwith the platform. • • EnergyCAP's software/portal allows utility bills to be uploaded automatically, thus eliminating the need for labor Intensive data entry. • EnergyCAP has extensive experience and a large customer base in the public sector,including Miami-Dade County. • EnergyCAP's training abilities include automated classes, web conferences, and in-person training sessions. • EnergyCAP has,had substantial experience in integrating with large.ERP systems. • Additionally, as a value added service EnergyCAP has already established a water and sewer module which may be utilized by the City if desired. The following is a summrary of the firm's experience as included'in its proposal. EnergyCAP Inc. ("ECI") Is an experienced provider of tailored energy management solutions, and at the core of each ECI implementation is thier award-winning EnergyCAPf software. EnergyCAP is proven to,streamline operations, enable. comprehensive analysis, and deliver long-term energy management success. Key objectives include utility bill processing,auditing,tracking,and reporting. ECI's proposed solution,which includes thier off-the-shelf EnergyCAP software at its core along with our Bill CAPture bill processing services, is the same comprehensive energy information platform used by other state,county,and municipal governments—a system that has as its primary function the collection,analysis,and reporting of energy Information. Utility bill management Involves more than simply paying bills. It includes the entire workflow process from manual or electronic bill data entry to auditing and bill verification, internal invoicing andcost allocations, 'detailed analysis, budgeting and forecasting, energy project identification and assessment, and day-to-day reporting. Foundational to. these activities is getting a handle on all your datain a consolidated system. EiergyCAP software provides the solution for these related business needs. EnergyCAP EnergyCAPt is built. around the concept of making energy information actionable. The softer provides 732 40 multiple options for viewing and Interpreting utility bill and meter data.Whether you need to validate energy project savings,report on energy use,analyze energy trends, procure energy commodities or services, meet greenhouse gas tracking mandates, benchmark building energy use across your portfolio or with ENERGYSTAR, identify savings opportunities,or spot issues or problems,EnergyCAP makes your Job easier. Therefore,I recommend that the Mayor and City Commission approve the Resolution authorizing the • Administration to enter into negotiations with EnergyCAP, the top ranked proposer; and further authorizing the Mayor and City Clerk to execute an agreement with the successful proposer upon conclusion of negotiations by the Administration. FINANCIAL INFORMATION The cost of the related services, determined upon successful negotiations, are subject to funds • availability approved through the,City's budgeting process. Grant funding wilt not be utilized for this project. Legislative Tracking Environment and Sustainability/Procurement ATTACHMENTS: • Description • o AttachementA--Evaluation Ranking • • o Resolution • • • • 733 41 • • Evaluation Committee Meeting Regarding x = B Request for Qualifications(RFQ)No.2018- m '� o B 071-KB,for Energy Utility Billing ` m G u_ 0 '� '� Management Software 'a B n- 6. LOW .A ¢e°'i Ranking .� Ranking a Ranking `� AGGREGATE re Ranking Ranking TOTALS Rank Dude Sotutkas;Ina. - 100 1 95 1 10 1 N 8T 2 • 80 3 02 3 i s.= 85 4 60 5 88 4 75 5 60 6' 24 -5. ErorgyanP•Inc .. -88 1 92 2 ' 96- 1 _ 90 3 85 - 3 10 1 P onl A16o ''hie- 92 6 98 1 64 5' 95 2 90 2 ' 16 3 Tot Ryan Corporation f j r8o --- 84. 5 60 5 82 6 65 6 75 5 27 6 Energy 96 3 1. '70 4 96 1 ' 85 4 80 4' i 16 3 • 734 r EXHIBIT H REQUEST FOR QUALIFICATIONS (RFQ) J 43 MIAMI BEACH City of Miami Mach, 1755 Meridian Avenue,3rd Floor,Miami Beach,Florida 33139,www.miamibeachli.gov PROCUREMENT DEPARTMENT Tel: 305-67317490 Fax: 786-3944002 ADDENDUM NO. 1 • REQUEST FOR QUALIFICATIONS(RFQ) No.2018-071-KB FOR ENERGY UTILITY BILLING MANAGEMENT SOFTWARE January 25,2018 This Addendum to the above-referenced RFQ is being issued to provide clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. RFQ DUE DATE AND TIME. The deadline for the receipt of bids is extended until 3:00 p.m., on Monday, February 5, 2017, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. II. ANSWERS TO QUESTIONS.BY PROSPECTIVE BIDDERS AT THE PRE-BID MEETING AND VIA EMAIL. Q1: Whether companies from . Outside USA can apply for this? (like,from India or Canada) Al: Companies from outside the United States may submit proposals in response to this RFQ. Q2: Whether we need to come over there for meetings? A2: The scope of work of this RFQ there may require meetings/trainings onsite or via conference call. Q3: ' Can we perform the tasks (related to RFQ) outside USA? (like,.from-India-or-Canada) A3: Scope of work may be performed from outside the United States. Q4: Can we submit the proposals via email? A4: No, Section 0300, Submittal Instructions and Forms states the following: 1. SEALED RESPONSES. One original Statement of Qualifications (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. Statement of Qualifications received 1 I ADDENDUM NO.1 REQUEST FOR QUALIFICATIONS(RFQ)No.2018-071-KB FOR ENERGY UTILITY BILLING MANAGEMENT SOFTWARE electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications 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 Statement of Qualifications 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. Q5: Is pricing required in our submission? A5: Pricing is not a requirement of this RFQ. Q6: "The proposed System should include the ability to track and report on numerous types of electrical and utility bills" i)What other type of utility bills are required to be processed? ii)Are the invoices currently sent to the city in EDI format? A6: i)Just electrical bills; ii) At this time,the City only receives hard copy billing by mail from FP&L. We are working on EDI format. Q7: Would the city be open to the idea in which all services are managed by the vendor (full service), with reporting and visibility provided to the city via web interfaces? A7: Section 0300 Submittal Instructions and Format, Tab 4 requests for prospective proposers to provide information regarding any value added services that may differentiate Proposer from other. Proposers, especially in providing software and services to successfully implement an Energy utility billing accounting, managing and monitoring system. Q8: Will a notarized Appendix A by a Notary Public from the state of vendor's location be acceptable rather than by the State of Florida? A8: Notary other than the State of Florida is acceptable. Q9: We are in the process of updating our 2016 D&B information to 2017. Will 2016 SQR report suffice or would the City prefer to wait until our 2017 report is available? A9: The proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named in the RFQ as early as possible in the solicitation process. Q10: Is the City currently processing EDI bills from FP&L or will this be a new billing format and sefvice? A10: There are no EDI bills from FP&L at this time. The City is not requesting for a new billing format. Q11: Could the City provide further scoping details for the pricing phase of the project evaluation; such as the commodities included and total meter count? Al1: The City currently has about approximately 330 FPL accounts and for this service the only commodity included would be energy. Q12: Are you able to advise is Pricing is in fact required in our RFQ submission? Al2: Please refer to response A5.I _ 2 ADDENDUM NO.1 REQUEST FOR QUALIFICATIONS(RFQ)No.2018-071-KB FOR ENERGY UTILITY BILLING MANAGEMENT SOFTWARE Q13: A question: our solution is a robust web Platform which provides the asked for solutions. This entails the utility bills being redirected to Ecova, and we would then process the bills, auditing them and putting all data into a database accessible by the City. The preferred methodology is to have Ecova pay the invoices and the City would fund us to do so. Is this acceptable? A13: Please refer to response A7. Q14: For our response to 2.3 — Financial Capacity (under Tab 2), would we be allowed to submit a DNBi Risk Management Profile/Company Report from Dun & Bradstreet instead of a Supplier Qualification Report(SQR)? A14: Each proposer shall arrange for Dun & Bradstreet to submit 'a Supplier Qualification Report(SQR) directly to the Procurement Contact named in the RFQ. _ 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 RafaelGranadoem iamibeachfl.Qov. Procurement Contact: Telephone: Email: Kristy Bada 305-673-7000, ext. 6218 KristyBada@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Potential proposers that have elected not to submit a response to the RFQ are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sincerely;-___- Alex Denis rocurement Director • 3 ADDENDUM NO.1 REQUEST FOR QUALIFICATIONS(RFQ)No.2018-071-KB FOR ENERGY UTILITY BILLING MANAGEMENT SOFTWARE REQUEST FOR QUALIFICATIONS (RFQ) ENERGY UTILITY BILLING MANAGEMENT SYSTEM 2018-071-KB • RFQ ISSUANCE DATE: DECEMBER 15,2017-' STATEMENTS OF QUALIFICATIONS DUE: JANUARY 29, 2018 @ 3:00 PM ISSUED BY: - Y IA IBEACH KRISTY BADA, CONTRACTING OFFICER III PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3^1 Floor, Miami Beach, FL 33139 305.673.7000 x 6218 krislybada@miamibeachf.gov I www.miamibeachll.gov M AM BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 3 0300 SUBMITTAL INSTRUCTIONS& FORMAT 12 0400 EVALUATION PROCESS 14 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 28 APPENDIX F INSURANCE REQUIREMENTS 31 RFQ 2018-071-KB 2 MIAMI BEACH SECTION 0200 INSTRU:CTI:ONS.TO RESPONDENTS&GENERAL CONDITIONS. 1.GENERAL.This Request for Qualifications (RFQ)is issued by the City of Miami Beach, Florida(the°City"),as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications(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 Proposer and, subsequently,the successful proposer(s) (the"contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.eublicourchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to, this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2.PURPOSE. The City is soliciting proposals for a turnkey enterprise Energy Utility Billing Management System (System) that is capable of tracking, reporting, managing and archiving energy use, savings and issues, such as bill anomalies, changes in usage,or changes in billing programs from energy utility providers,within the City. The proposed System should include the ability to track, analyze and report on numerous types of electrical and utility bills, as well(as the information contained within such bills, including but not limited to utility charges, usage metrics, taxes and other details. Additionally, the proposed system must provide the City with the ability to track, evaluate, approve, and manage energy billing and consumption in an electronic environment. As stated in Sections 0300 and 0400, at this time the City the city is only considering the qualifications and project approach of interested parties. Once a firm is selected, pursuant to sub-section 19 below,the Administration will then finalize scope of services and costs with the selected firm(s) in order of the final ranking approved by the City Commission. The terms"FIRM","PROPOSER", °CONSULTANT°, "PRIME PROPOSER"or"TEAM"are used interchangeably and shall refer to the firm that will contract with the City for the development and implementation of the project.Additional detail and project description is provided in the attached Minimum Requirements and Specifications Section (Appendix C). 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: Solicitation Issued December 15,2017 Pre-Submittal Meeting December 22,2017 10:00 AM Deadline for Receipt of Questions January 19,2018 5:00 PM Responses Due January 29,2018 3:00 PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval TBD RFQ 2018-071-KB 3 MIAMIBEACH Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted.below: Procurement Ca itact Telephone: Email: KRISTY BADA 305-673-7490 KRISTYBADA• MIAMIBEACHFL.GOV dditionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranad'o(@miamibeachfl.gov: or via facsimile: 786-394-4188, The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) 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 RFQ Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue,3rd 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: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 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 PubiicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. 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 RFQ'Timetable section.. 7. CONE OF SILENCE. This RFQ 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 RFQ 2018-071-KB 4 MI11 BEACH 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 rafaelgranado@miamibeachfl.gov 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: httD://web.miamibeachfl.qov/procurement/scroll.aspx?id=79113 . • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • 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 2-488 • 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& CITY CODE SECTION 2-449 SERVICES 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.COMPLAINCE WITH THE CITY'S LOBBYIST LAWS.This RFQ 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. 11. DEBARMENT ORDINANCE: This RFQ 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 RFQ 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 Department 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. ttFQ 2018-071-KB • 5 AMI BEACH 14. AMERICAN WITH DISABILITIES ACT(ADA). 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 RFQ, 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 thelowest proposal pursuant to an RFQ 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. 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-Proposercan-performthe-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 rightsof any kind shall be created at any time until RFQ 2018-071-KB 6 • • 1 MIAMI BEACH and unless an Agreement has been agreed to;approved by the City; and executed by the parties. 21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole. and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process;or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ. 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 Department of Procurement Management 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. 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. Proposershall submit with its proposal, a complete history of all citations and/or violations, notices and disposition&thereoLThe_non_submission_oLany such_documentationthall_be eemsd_to he_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 toexamine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. 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 RFQ 2018-071-KB 7 MIAMI BEACH 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 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 containethin_Section_202,_Executive Order I124.6, as_amended_b_y Executive_Or_der_tt375,_relativ_e_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 RFQ 2018-071-KB 8 MIAMI BEACH 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. 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 shalt 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 daims 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. s • 121Q 2018-071-KB 9 MIAAAI BEACH 41. CONTRACT EXTENSION. The City reserves the right t 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. 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 RFQ (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 Cityof 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 oLany_portion_ofa_pr_eviously submitted_P_roposal_up_untiLthe_ProposaLdue_date_and_time./lszdifications receiv_ed 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. 47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, 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 RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). RFQ 2018-071-KB 5 10 MIAMI BEACH 48.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. 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ solicitation process. 50. 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. 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 RFQ 20 1 8-071-KB 1 1 MIAMI BEACH SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (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. Statement of Qualifications received electronically, either through email or facsimile,are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications 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 Statement of Qualifications 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. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications 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. Statement of Qualifications that do not include the required information will be deemed non-responsive and will not be considered. TAB 1 Cover Letter&Minimum Qualifications Requirements • 1.1 Cover Letter and Table of Contents.The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Response 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. TAB 2 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 sector agencies. For each project that the proposer submits as evidence of similar experience, the following is required: project description, agency name, 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 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 respondent team member to be assigned to this contract. 2.3 Financial Capacity. Each 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://suDolieroortal.dnb.com/webapplwcs/stores/servlet/SupolierPortal?$toreld=11696 Proposers are responsible for the accuracy of the information contained in: their 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. RFQ 2018-071-KB 12 MIAMI BEACH TAB 3 Approach and Methodology For each scope of service outlined in Tab 3, Scope of Services, submit detailed information on the approach and methodology how proposer has accomplished the proposed scope of services (or similar), including detailed information, as applicable, which addresses, but need not be limited to: a system capable of tracking, analyzing, reporting, managing and archiving energy use, savings and issues, such as bill anomalies, changes in usage, or changes in billing programs from energy utility providers with the ability to track, evaluate, approve, and manage energy billing and consumption in an electronic environment. All information provided should be specific to a prior engagement and document the proposer's experience in the activities referenced. Avoid hypothetical references that do not represent real world experiences. TAB 4 Value Added Services Submit detailed information on any value added services that may differentiate Proposer from other Proposers, especially in providing software and services to successfully implement an Energy, utility billing accounting, managing and monitoring system.Value added services may include(but not be limited to): - Payment of bills on behalf of the City; - Disputing bills on behalf of the City with Florida Power and Light(FPL)that are flagged during the billing audit process - Automated data feeding to Energy Star Portfolio Manager • Note: After proposal submittal, the City reserves the right to require additional information from Proposer (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). IZFQ 2018-071-KB 13 MIAMI BEACH SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION 1. Evaluation Committee.An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral "presentations to the Evaluation Committee. The evaluation of Statement of Qualifications 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 Statement of Qualifications 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 Department of Procurement Management. An Evaluation Committee,appointed by the City Manager, shall meet to evaluate each Statement of Qualifications 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.-Qualifative Criteria Maximum Points Proposer Experience and Qualifications 70 Approach and Methodology 30 TOTAL AVAILABLE STEP1 POINTS 100• 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Procurement Department to those points earned in Step 1, as follows. Step Z-Quantitative Criteria` Maximum Points Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 RFQ 2018-071-KB 14 SII BEACH 4. 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 Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer Proposer Proposer A B C Ste. 1 Points 82 76 80 rt ';Commute;- Ste•2 Points 22 15 12 :Meinbert''- Total 104 91 92 Ste. 1 Points 79 85 72 :Commdtee:=; Ste.2 Points 22 15 12 -' MCmbII Total 101 100 84 ;.<' Ste• 1 Points 80 74 66 T`'Comrtirttee_:'%! Ste•2Points 22 15 12 ' Nlembe[Z t Total 102 89 78 0...1i' 2 '. •"3. Low Aggregate Score 3 7 8 Fina!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. RFQ 2018-071-KB 15 APPENDIX A MIAMI �r_ ' r B Response Certification Questionnaire RequirementsAffiddvit 2018-071 -KB Energy Utility Billing Management System PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2018-071-KB 16 Soklta m No: Solicitation Title: 2018-071-KB Energy Utility Billing Management System Procurement Contact: Tel: Email: Kristy Bade 305-673-7490 kristybada@miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with,requirements may be evaluated. This Statement of Qualifications 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: NO.OF EMPLOYEES: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 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 NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: 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 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. RFQ 2018-071-KB 17 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. 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 employeeof 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)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 to non-performance b an public sector agency? r 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 who 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 Department of Procurement Management with its proposal/response-0r-within-five-(5)-days-upon-receipt drequest The-Code-shaltrataminimum,-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 inthe ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.aov/orocurement/scroll.asax?id=79113 RFQ 2018-071-KB 18 • 7. Living Wage.Pursuant to Section 2-408 of the Miami Beach City Code,as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr. with health benefits,and$12.92/hr.without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent(3%). The City may also,by resolution,elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal,under which the City may, at its sole option, immediately deem said Proposer as non-responsive,and may further subject Proposer to additional penalties and fines,as provided in the City's Living Wage Ordinance,as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.aov/orocurement/scroll.asox?id=79113 SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees to the living wage requirement. 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 Provides 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 www.miamibeachfl.aov/pnxuremment/scroll.asox?id=79113 RFQ 2018-071-KB • 19 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. 287.017 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 AMdeen utter Issuance o so rcitation,the City may release one or more ad-en um o he so(citation 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 a 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. RFQ 2018-071-KB 20 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 inresponse to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications,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 Statement of Qualifications,may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviates 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 Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant induding, 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 Proposals. 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.Proposals 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 Statement of Qualifications 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 Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. 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 Proposals will be bound only as,if and when a Statement of Qualifications,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 Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law.All Statement of Qualifications 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. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,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 Statement of Qualifications,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 Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposals 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 Disdaimer 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 Disdosure 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. • RFQ 2018-071-KB 21 • 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, indusive 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 Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: 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: IzFQ 2018-071-KB 22 APPENDIX B M H AAJ1AJY t 1{ " No Bid " Form 2018-071 -KB Energy Utility Billing Management System PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Nbt& it is' important for thosevendor._s-..who-have received notification..of this sol'rciteitio budfic5/6_aecided not to respond, tocom;piete and submit the aff.ached "Sfatement of No Bid__`" the e "Statement of No Bid" provides the City, with information on how to improve the solicitation process; Failure to su eriiz a "Stoteriient of No Bid" may -result in not being notified of future solicitotionsby the City- RFQ 2018-071-KB 23 I _ Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS 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: KRISTY BADA STATEMENTS OF QUALIFICATIONS#2018-071-KB 1755 MERIDIAN AVENUE, 3`d FLOOR MIAMI BEACH, FL 33139 RFQ 2018-071-KB. 24 1 APPENDIX C ,' .., ;,' , ; .f . :,..., /, ', i f 4 C ,,,- ', i .4i � 1*=". N. sem,/\ L c l Minimum Requirements & Specific . tions 2018-071 -KB Energy Utility Billing Management System • PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2018-071-KB 25 Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit, with its proposal, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its proposal or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its proposal considered. 1. Bidder(defined as the Firm) shall have a minimum of three (3)years' experience providing products or services similar to those defined herein to governmental organizations or public entities. Similar shall be defined as tools (e.g., software) that enhance an agency's ability to track its energy usage and expenses. Required Submittals: For each qualifying project, submit project name, project description, start and completion dates, project contact information (phone and email),volume of contract, and firm's role.. C2.Statement of Work Required. The City of Miami Beach is seeking proposals from qualified organizations,with a proven history of success in the Energy accounting information system industry, to provide software and services to successfully implement an Energy utility billing accounting, managing and monitoring system. The City is soliciting proposals for a turnkey enterprise Energy Utility Billing Management System (System) that is capable of tracking, analyzing, reporting, managing and archiving energy use, savings and issues,such as bill anomalies, changes in usage, or changes in billing programs from energy utility providers,within the City. The proposed System should include the ability to track and report on numerous types of electrical and utility bills, as well as the information contained within such bills, including but not limited to utility charges, usage, taxes and other details. The System is to provide the City with the ability to track, evaluate, approve, and manage energy billing and consumption in an electronic environment. The System should provide the City with a tool that will allow immediate reporting capabilities from a single enterprise database. The information should include at least BTU/sqft, kWh/sgft, facility energy use comparison for several periods (daily, monthly, annually, etc.), COST/sqft and weather related energy consumption analysis capabilities. The City processes approximately 332 utility accounts each month from Florida, Power & Light (ER&L)._Some_of_th accounts_are_c_ombinedinto_onelbill_the_proposed_syste shouldb._capable of processing these bills as individual or combined accounts and provide detailed consumption and cost data on an individual or collective basis. The System should assist the City to identify energy management issues, as well as potential energy efficiency or conservation programs that the City may participate in. The System should include tools that allow the City to accurately track and report on usage as well as follow up on identified issues. The System should include multiple reporting features, including the ability to generate charts and tables to compare historical and current consumption levels and benchmark buildings with similar uses and occupancies(ex.offices,fire stations, etc). The City will allow access to the Florida Power and Light (FP&L) municipaldata to the Selected Proposer. The System should have the capability of integrating with the Electronic Data RFQ 2018-071-KB 26 Interchan9e (EDI) utilized by Florida"Power and Light (FP&L), the Environmental Protection Agency's (EPA) Energy Star Portfolio Manager Automated Benchmarking System (ABS), and the INFOR Enterprise Asset Management System (EAMS) and automatically feed information into these systems. The Selected Proposer should provide information whether the System would need custom development in order to be able to integrate with the City's enterprise resource planning (ERP) Tyler's Munis financial solution. The Selected Proposer will be required to provide the System as a turnkey project and should be capable of providing all required implementation, customizations, configuration, training, and maintenance support services for resultant contract term including any optional periods exercised by the City. The City anticipates awarding a contract for an initial three year period,with a two-year option to renew,at the City's sole discretion. C3.Specifications The City is soliciting proposals for a turnkey enterprise Energy Utility Billing Management System (System) that is capable of tracking, analyzing, reporting, managing and archiving energy use, savings and issues, such as bill abnormalities, changes in usage, or changes in billing programs from energy utility providers, within the City. The proposed System should include the ability to track,analyze and report on numerous types of electrical and utility bills, as well as the information contained within such bills, including but not limited to utility charges, usage, taxes and other details. The System is to provide the City with the ability to track, evaluate, approve, and manage energy billing and consumption in an electronic environment. The System should assist the City to identify energy management issues, as well as potential energy efficiency or conservation programs that the City may participate in. The System should include tools that allow the City to accurately track, analyze and report on usage as well as follow up on identified issues. The System should include multiple reporting features, including the ability to generate charts and tables to compare past and current consumption levels. The City will allow access to the Florida Power and Light (FPL) municipal data to the Selected Proposer. The System should have the capability of integrating with the Electronic Data lnterrchange_(ED1)_utilized_by FPL,the_Environmental_Protection_Agenc_y's_(EPA)_Ener_gy_Star Portfolio Manager Automated Benchmarking System (ABS), and the INFOR Enterprise Asset Management System (EAMS)and automatically feed information into these systems. The Selected Proposer should provide information whether the System would need custom development in order to be able to integrate with the City's enterprise resource planning (ERP) Tyler's Munis financial solution. The Selected Proposer will be required to provide the System as a turnkey project and should be capable of providing all required implementation, customizations, configuration, training, and maintenance support services for resultant contract term including any optional periods exercised by the City.The City anticipates awarding a contract for an initial three year period,with a two-year option to renew,at the City's sole discretion. RFQ 2018-071-KB 27 • APPENDIX D t\ A A A rH Special Conditions 2018-071 -KB Energy Utility Billing Management System PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFQ 2018-071-KB 28 1.TERM OF CONTRACT. Five(5)years. 2. OPTIONS TO RENEW. Option to renew is at the discretion of the City for two (2) additional two (2) year periods. 3.PRICES.Not Applicable. 4.EXAMINATION OF FACILITIES. Not Applicable. 5.INDEMNIFICATION. Provider shall indemnify and hold harmless the City and its officers,employees, • agents and instrumentalities from any and all liability, losses or damages, including attorneys'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 this Agreement by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider 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 issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider 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. 6.PERFORMANCE BOND.Not Applicable. 7.REQUIRED CERTIFICATIONS. Not Applicable. 8.SHIPPING TERMS.Not Applicable. 9.DELIVERY REQUIREMENTS. Not Applicable. 10.WARRANTY REQUIREMENTS.Not Applicable. 11.BACKGROUND CHECKS. Not Applicable. 12.COMPETITIVE SPECIFICATIONS. It is the goal of the City to maximize competition for the project among suppliers & contractors. Consultant shall endeavor to prepare all documents, plans & specifications-that-are-in accordance-withrthis gaartInterno conditon-sharConeultent metal-a-means &methods or product specifications that are considered "sole source"or restricted without prior written approval of the City. 13. ADDITIONAL TERMS OR CONDITIONS. This RFQ, including the attached Sample Contract, contains all the terms and conditions applicable to any service being provided to the City resulting from award of contract. By virtue of submitting a proposal, consultant agrees not to require additional terms and conditions at the time services are requested, either through a separate agreement, work order, letter of engagement or purchase order. 14. CHANGE OF PROJECT MANAGER.A change in the Consultant's project manager(as well as any replacement)shall be subject to the prior written approval of the City Manager or his designee(who in this case shall be an Assistant City Manager). Replacement(including reassignment) of an approved RFQ 2018-071-KB 29 • project manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee (i.e. the City project manager). 15. SUB-CONSULTANTS. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of.a sub-consultant by the City' Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. . 16. NEGOTIATIONS. Upon approval of selection by the City Commission, negotiations between the City and the selected Proposer (s) will take place to arrive at a mutually acceptable Agreement, including final scope of services,deliverables and cost of services. Remainder of Page Intentionally Left Blank RFQ 2018-071-KB 30 I APPENDIX E • . mi ,,,,,\101 ;;'fi -:. i,. , At::,(-:-...„ 4._, :, IL Insurance Requirements 2018-071 -KB Energy Utility Billing Management System PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 I 1 RFQ 2018-071-KB 31 AM I B EAC H 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-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. 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 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. 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. RFQ 2018-071-KB 32 EXHIBIT I CONSULTANT'S RESPONSE TO THE RFQ 44 Page 1 of 2 -0.-e . `� yN\,-:\, L .�r,'� � f �' f t \ � r ';?;,v f iii 7 , °- • ,/ 4* (ei\ .�, r�\ •< �� r�/ HG:' ` ��p; /Y.- / s' 11 1 Li I-5i. ��`j.1�" d nr.t d , f`.1�, -- ,, u} 1 v , .., .5� ,..,.%)/ Corporations- Search Business Entities(corpsearch.aspx) Search UCC Transactions(uccsearch.aspx) Forms— Contact Corporations(http://www.dos.pa.gov/BusinessCharities/Pages/default.aspx) Login(../AccountNalidateUser) Register(./Account/Register account) Search entity/ Select entity/ Order documents Order Business Documents Date:09/25/2018 Business Name History Name Name Type EnergyCAP, Inc. Current Name Business Entity Details Officers Name EnergyCAP,Inc. Name MARK M MATIS Entity Number 3913346 Title SECRETARY , Entity Type Business Corporation Address STE 101110 RADNOR RD STATE COLLEGE PA 16801-7987 Status Active \ - Citizenship Domestic Name MARK M MATIS Entity Creation Date 10/26/2009 Title TREASURER Effective Date 10/26/2009 Address STE 101110 RADNOR RD STATE --_I COLLEGE PA 16801-7987 State Of Inc PA Address 110 Radnor Road Suite 101 State Name I MARK M MATIS College PA 16801 Centre Title VICEPRESIDENT Address STE 101110 RADNOR RD STATE COLLEGE PA 16801-7987 Name STEVEN D HEINZ Title PRESIDENT Address STE 101110 RADNOR RD STATE COLLEGE PA 16801-7987 Filed Documents The information presented below is for your reference.To place an order you will need to log in.If you do not have a PENN File account, you may register for an account by clicking here(/Account/Register account). Show FEE entries Filter Records ir--: I Plain Certified Certified I Copy I l Copy I Copy MicrofilmMicrofilm I Select Date I Document Pages Quantity#( Price 1 I Quantity#I Price # it Start https://www.corporations.pa.gov/search/corpsearch 9/25/2018 Page 2 of 2 • • ! —? 7,-- Plain 1 I Certified 'Certified l i Copy I Copy 1 Copy Microfilml icrofilm I Select Date i Document E Pages Quantity#I Price ; Quantity#I Price I # j Start 0 10/26/2009 ARTICLES OF 21 I $3.0U 0 I } $40.00 INCORPORATION 1 0 01/07/2010 ARTICLES OF 7 ! 11 I $3.00 Q I I $40.00 I I I MERGER- I ---—--A._—. — BUSINESS 2 — -- —Showing 1 to 2 of 2 entries i Previous 1 Next ❑ All l All � 9 � Quantity# 1! ! $67.00 ---------_ 1 j 1 Dates I Certified I I I Copies I ❑ i All I All Plain 9 ! Quantity # 11 I $27.00 ! I Dates I Copies 1 Certified Documents Select Date l Document f Pages I Quantity# 1 Price I Line Total 1 ❑ 109/25/2018 1 Subsistence 1 E 1 $40.00 1 Certificate 1 I I I I:] 09/25/2018 Index and 1 1 ' 1 I $15.00 I Docketing Report • _ _- I CI 09/25/2018 I 09/25/2018 Index and i 1 j I $55.00 j I • l I Docketing { Certified I 1 Report i _— Order Total : <<Back to Search Results Login • https://www.corporations.pa.gov/search/corpsearch 9/25/2018 EnergyCAP® January 29, 2018 City of Miami Beach RFQ Title: Energy Utility Billing Management System RFQ No.: 2018-071-KB Submitted by: EnergyCAP, Inc. 2026 Sandy Dr. State College, PA 168031'021 (ti .��.`1mr AOSB T: 877-327-3702 AWARDS `� ' F: 719-623-0577 EnergyCAP 1. Cover Letter & Minimum Qualifications Requirements Dear Evaluation Committee: EnergyCAP, Inc. ("ECI")appreciates/the opportunity to submit a proposal in response to the City of Miami's ("City") RFQ for an Energy Utility Billing Management System. The proposal was prepared by Adam Wetzel, Regional Sales Manager. Mr. Wetzel is the designated contact person for this RFQ process and is an authorized negotiator for ECI. Mr. Wetzel may be contacted via any of the following means: Address 2026 Sandy Drive, State College, PA 16803 Email Adam.Wetzel@EnergyCAP.com Phone (877) 327-3702, x43 Fax (719) 623-0577 Web http://www.EnergyCAP.com The following ECI personnel are also authorized to negotiate terms related to.this RFQ: Name John Heinz, Name Steven D. Heinz, VP�of Sales and Marketing Founder& CEO Email John.Heinz@EnergyCAP.com Email Steve.Heinz@EnergyCAP.com Phone (877) 327-3702, x28 Phone (877) 327-3702, x22 Proposal Term This Proposal will remain open and valid until at least 180 days from receipt of the Proposal by the City. The City has the right within the 180-day period to add modules or other add-on features at the original prices proposed herein and listed as "Optional Products &.Services." ECI will provide pricing for modules or other add-on features not listed herein upon request. Flexible Scope ECI is committed to meeting each customer's specific energy analysis needs. Therefore, we offer a high level of flexibility in the products and services we offer and are very willing to alter the solution proposed herein to accommodate your specific energy management and analysis needs. Changes may be made prior to the initial contract or after the initial contract is in place via a change order process. ©2018 EnergyCAP, Inc. 2 EnergyCAP. We greatly appreciate you taking the time to evaluate our proposal and look forward to speaking with you soon regarding our proposed solution. Sincerely, VelltP G. Adam Wetzel Senior Regional Sales Manager EnergyCAP, Inc. ©2018 EnergyCAP, Inc. 3 • EnergyCAP. 1.1 Table of Contents 1. Cover Letter& Minimum Qualifications Requirements 2 1.1 Table of Contents 4 1.2. Appendix A: Response Certification, Questionnaire & Requirements Affidavit 6 1.3. Appendix C: Minimum Requirements & Specifications 13 Cl. Minimum Eligibility Requirements 13 C2. Statement of Work Required 13 C3. Specifications 13 2. Experience & Qualifications 14 2.1. Qualifications of Proposing Firm 14 History 16 Relevant Experience 17 References 17 Case Studies 19 2.2. Qualifications of Proposer Team 20 Project Management 20 Key EnergyCAP Personnel 22 2.3. Financial Capacity 23 3. Approach and Methodology 24 EnergyCAP Solution 24 Available EnergyCAP Enterprise Software Functionality 25 Utility Bill Processing Workflow and Process Map 26 Audits 27 Accounting Interface 28 System Integrations 29 Reporting 30 Dashboards 32 Benchmarking 33 Measurement &Verification 33 Weather Data and Utility Usage Normalization 34 35 Energy Use Intensity 35 ENERGY STAR Benchmarking 36 Greenhouse Gas Emissions Tracking 36 Project Plan and Deliverables 37 Estimated Timeline 38 Project Management 39 Roles & Responsibilities 40 Training 41. Database Hosting, Ownership & Confidentiality 43 • ©2018 EnergyCAP, Inc. 4 EnergyCAP. 4. Value Added Services 45 Integration with Portfolio Manager's ENERGY STAR 45 Meter Data Acquisition 45 ©2018 EnergyCAP, Inc. 5 EnergyCAP. 1.2. Appendix A: Response Certification, Questionnaire & Requirements Affidavit , Solicitation No: Solicitation Title: 2018-071-KB Energy Utility Billing Management System Procurement Contact Tel: Email: Kristy Bade 305-673-7490 kristybada@miamibeachfl.gov Purpose:The purpose of this Response Certification,Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification,Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME:EnergyCAP,Inc. NO.OF YEARS IN BUSINESS: 38 NO.OF YEARS IN BUSINESS LOCALLY: 36 NO.OF EMPLOYEES: 60 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: Good Steward Software,LLC FIRM PRIMARY ADDRESS(HEADQUARTERS): 2026 Sandy Drive CITY: State College STATE: PA ZIP CODE:16803 TELEPHONE NO.: 814-237-3744 TOLL FREE NO.: 877-327-3702 FAX NO.: 719-6234)577 FIRM LOCAL ADDRESS: 2026 Sandy Drive CITY: State College STATE: PA ZIP CODE: 16803 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Adam Wetzel ACCOUNT REP TELEPHONE NO.: 814-237-3744 x43 ACCOUNT REP TOLL FREE NO.: 877-327-3702 x43 ACCOUNT REP EMAIL: adam.wetzel ..enerovcao.com FEDERAL TAX IDENTIFICATION NO.: 27-1272222 The City reserves the right to seek additional information from proposer or other source(s),induding 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. ©2018 EnergyCAP, Inc. 6 EnergyCAP. 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? X 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. NOTICE OF SMALL BUSINESS SELF-CERTIFICATION AND SMALL DIVERSE BUSINESS VERIFICATION pennsylvania DEPARTMENT OF GENERAL SERVICES The Department is pleased to announce that ENERGYCAP, INC. has successfully completed the Pennsylvania Department of General Services' process for self-certification as a small business under the Commonwealth's Small Business Contracting Program, and is verified as a Small Diverse Business with the following designation(s): BUSINESS TYPE(s): Information Technology CERTIFICATION NUMBER: 379604-2017-054B-V CERTIFICATION TYPE:Veteran Business Enterprise ISSUE DATE: 05/24/2017 EXPIRATION DATE: 05/24/2018 Curtis M.Topper,Secretary Department of General Services Commonwealth of Pennsylvania 2. 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. 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. None. 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. ©2018 EnergyCAP, Inc. 7 EnergyCAP. 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. For a list of references,please see References section of section 2.1:Qualifications of Proposing Firm. City of Virginia Beach Charlotte County—AP but no Bill CAP Miami-Dade County—AP but no Bill CAP City of Jacksonville—AP but no Bill CAP City of Tampa—AP but no Bill CAP 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? X YES r 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 who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Steve Heinz has not contributed to the campaign either directly or indirectly. 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 Department of Procurement Management 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 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 www.miamibeachfl.qov/procurementlscroll.aspx?id=79113 EnergyCAP,Inc.will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics. 7. Living Wage.Pursuant to Section 2-408 of the Miami Beach City Code,as same may be amended from time to time,Proposers shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: A. Commencing with City fiscal year 2012-13(October 1,2012),the hourly living rate will be $11.28/hr.with health benefits,and$12.92/hr.without benefits. The living wage rate and health care benefits rate may,by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft.Lauderdale,issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal,under which • ©2018 EnergyCAP, Inc. 8 EnergyCAP. the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines,as provided in the City's Living Wage Ordinance,as amended.Further information on the Living Wage requirement is available at www.miamibeachfl.qov/orocurement/scroll.asox?id=79113 SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 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? X 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? X 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 Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health x x Sick Leave x x Family Medical Leave x x Bereavement Leave x x 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 www.miamibeachfl.qov/procurement/scroll.aspx?id=79113 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.287.017 for CATEGORY TWO for a period of 36 months following the date ©2018 EnergyCAP, Inc. 9 EnergyCAP. of being placed on the 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 breath 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 GAW 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. DISCLOSURE AND DISCLAIMER SECTION ©2018 EnergyCAP, Inc. 10 EnergyCAP. 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 Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications,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 Statement of Qualifications,may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviates 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 Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances,including financial and disclosure data,relating to the Statement of Qualifications 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 Proposals.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 recipients own risk. Proposals 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 Statement of Qualifications 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 Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. 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 Proposals will be bound only as,if and when a Statement of Qualifications,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 Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law.All Statement of Qualifications 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. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications, 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 Statement of Qualifications, 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 Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposals 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 Disdaimer 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. ©2018 EnergyCAP, Inc. 11 EnergyCAP. 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 Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: 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: • ©2018 EnergyCAP, Inc. 12 EnergyCAP. 1.3. Appendix C: Minimum Requirements & Specifications C1. Minimum Eligibility Requirements Bidder(defined as the Firm)shall have a minimum of three(3)years'experience providing products or services similar to those defined herein to governmental organizations or public entities.Similar shall be defined as tools(e.g.,software)that enhance an agency's ability to track its energy usage and expenses. Required Submittals: For each qualifying project,submit project name, project description,start and completion dates,project contact information(phone and email),volume of contract,and firm's role. Please see section 2.1: Qualifications of Proposing Firm for ECI's corporate history, relevant experience, and project descriptions with project contact information. C2. Statement of Work Required Please see Section 3: Approach and Methodology. C3. Specifications Please see Section 3: Approach and Methodology. • ©2018 EnergyCAP, Inc. 13 EnergyCAP 2. Experience & Qualifications 2.1. Qualifications of. Proposing Firm EnergyCAP, Inc. ("ECI") is an experienced provider of tailored energy management solutions, and at the core of each ECI implementation is our award-winning EnergyCAP®software. EnergyCAP is proven to streamline operations, enable comprehensive analysis, and deliver long-term energy management success. We are pleased to detail how our solution will meet or exceed the requirements outlined in the City's RFQ for an Energy Utility Billing Management System ("Solution"). The City is soliciting information regarding initiatives to provide the City with a,turnkey solution that will manage the everyday utility bill management workflow. Key objectives include utility bill processing, auditing, tracking, and reporting. ECI's proposed solution, which includes our off-the-shelf EnergyCAP software at its core along with our Bill CAPture bill processing services, is the same comprehensive energy information platform used by other state, county, and municipal governments—a system that has as its primary function the collection, analysis, and reporting of energy information. Based on the information provided in the RFQ, we are confident that our proposed solution will fulfill the following major requirements issued by the City: • Processing of FP&L EDI billing files • Accounting workflow to verify accuracy and approval of bills • Tracking and analysis capabilities for all billing line items • Display energy cost and consumption data in'a variety of useful charts, graphs, reports, and dashboards • Reporting capabilities across all facilities Our EnergyCAP-based solution will provide these additional major functions: • Web access for an unlimited number of users • Engage stakeholders with embeddable dashboards and maps • Submit buildings to EPAs ENERGY STAR 'system to receive efficiency ratings • Benchmark and rank your data to quickly spot anomalies and outliers • Calculate and report greenhouse gas emissions and green energy credits ©2018 EnergyCAP, Inc. 14 EnergyCAP. • Identify areas of potential energy and cost savings. • Calculate the cost avoidance attributable to energy management initiatives. • Automatically download daily weather data from AccuWeather® • Weather normalized data analysis • GHG calculations and emissions totals • Prepare cost, usage and unit cost budgets and forecasts • Superior customer service and support • Vendor-hosted data storage We believe that, after considerationof all proposals, you will find that EnergyCAP provides the best value for these reasons: • Utility Bill Management Experience in Florida. Florida-based clients include: Charlotte County Government; University of Central Florida; Miami-Dade County; City of Jacksonville; Florida International University; Florida State College at Jacksonville; Florida State University; City of Tampa; and Orange County. • Utility Bill Management Experience in Government. ECI has been serving governments for more than 35 years. Today, the EnergyCAP software is used by many state, provincial, and municipal governments across North America and continues to provide a rapid return-on-investment, as documented by this City of Tucson, AZ case study. • Experience. For more than 35 years, we have continued to develop our best- selling EnergyCAP software, serving more users and tracking more utility bills than any software in the industry. When implemented in conjunction with our complementary Bill CAPturesM and Smart CAPturesM services, EnergyCAP is the foundation of a utility bill and energy management solution that delivers enterprise-wide benefits. • Flexibility in Hosting and Data Entry. EnergyCAP offers flexibility in day-to-day operations. The Microsoft SQL Server database can be hosted by you, by us, or by a third party. Utility bills can be entered and audited by you, by a third party of your choosing, or we will do it for you via our Bill CAPture'service as proposed. Any of the options can change over time. This provides the utmost flexibility to adapt to the best situation and best price, today and in the future. • Dedicated to On-going Development and Support.The EnergyCAP software is the foundation of our comprehensive solution, and the aggressive release ©2018 EnergyCAP, Inc. 15 EnergyCAP. schedule confirms our dedication to continuous innovation and improvement, keeping you at the forefront of progress in smart energy management. • Customer Relationships. We want to establish a long-term successful relationship with you and your organization. From the initial implementation, to training, to on-going maintenance and support, we will be diligent in maintaining a close, professional relationship with your staff to make sure our EnergyCAP- based solution meets your utility bill and energy management needs for the long- term. • Award-winning. ECI has received national honors, including ENERGY STAR Partner of the Year for five consecutive years, inclusion on Inc. 5000 Fastest Growing Companies for five consecutive years, and "Top Product of the Year Award"from Energy Manager Today. • Veteran-Owned Small Business. ECI is proud to be a certified Veteran-Owned Small Business. • EnergyCAP is the industry standard in energy and utility bill management software, offering tremendous flexibility and value. The information that follows provides additional details about ECI's qualified staff, our extensive experience implementing enterprise- wide energy management solutions, and the valuable functionality EnergyCAP offers to meet your utility bill and energy management needs. History Since 1982, more than 10,000 energy managers in 3,000 organizations have used EnergyCAP to track 35 million utility bills valued at$50 billion using EnergyCAP. A summarized company timeline follows: '1980 1990 2000 2010 2020 � IIIIIIIII � IIIIIIIII � IIIIIIIII � IIIIIIIIII Cost Avoidance with -TA—counts Payable InteAace 'I SOL Server& GHG Emissicrts& MeterReader 9 .,weatt�r normaliration 11 web. it Carbon Footprint reports I;mob8e app Rate AnalysisI Budgets "Chargebacks. �t EDI 810 :Interval Data Automatic �;APIs 1 facility �+submeters,splits, I;IBectrortic bills �'Tracking I ENERGY STAR t GoogleTM ;{virtual formulas I processed I{Mapping (Benchmarking Calendarizatton Normalization { i,Dashboards II Report Designer I .r... .M•........ y.'w. ''l j-..''1 5000 �C �.. d� PartneralGd R ©2018 EnergyCAP, Inc. 16 EnergyCAP, Relevant Experience In addition to the previously mentioned Florida-based organizations, notable Public Sector and Government Agency users include the following: • State of South Dakota • City of San Francisco • Hennepin County • State of Colorado • City of Sacramento • Loudon County • State of Maryland • City of Toronto • California National Guard • ■ City of Virginia Beach • City of Edmonton • Camp Pendleton • City of Philadelphia • Chesterfield County • City of Phoenix • City of Baltimore' • Fairfax County • State of Montana • State of Oklahoma • Orange County • Santa Barbara County . • Oklahoma City • Riverside County • Bexar County Our focus is simple and direct—we will continue to enhance, implement, and support our EnergyCAP solution to maintain its position as the clear industry leader for utility bill and energy information management, analysis, and reporting. References More than 2,1.00 North American organizations representing a wide range of industries— federal, state, and local governments; housing authorities; colleges & universities; K-12 . school districts; healthcare; property management; transportation; commercial — currently use EnergyCAP to track and analyze their utility bills. J �- t I ;1 ` � r3 a t „ ) r� v IN "VANCOUVER' Z. �• 4 T 1‘... � J A C� f 4 _. ti Q�EATTLE ei- a.y,, O '( i ,.'JA l, L . •� v •• i!'. :J�iw1.i `j � gat •.• , -• O ••• , �T•C' 'tel Ifs:! �f�905TON••j • rig _UNITED ' e •'' •mow. °(t ti •ATIV•; ` ,) - •� �• •�' /• • •'- NEW�NORK OTif��. SrATESOF •" +-�• • •• DENVER'; j1 •, • • �� .�� •.•'IY�A'S•HINGTON• tfor , •.•-• AMERICAS d•,• ...'ii� •••":„.4) ".• .•AS - ' %7S�N FRANOSCO • ( • •_ •4% ••• t~• •-•� �Y• I' S. LS AN • • • • )• ••�•`• •i , P• ; e•• •.f) ••• • •-' OGEES);,y • • •- ••('•ALNAL•A •! • t. • C.\l{ ,• •• •i • .•)• • ...?/,, S '•,� 4,6.4r-.. ti..l I .HOUSTON j• �• �•r1.0 •,� f•, • .., , MEXICO ( !..+iltct7!Y:1J7I ,. ; . `, �' x- _ . .1:. , . ., AN HAVA fZ.--. _- - I I • ©2018 EnergyCAP, Inc. 17 EnergyCAP The following government organizations have granted permission for ECI to share their contact information with prospective EnergyCAP users: Agency Name: Miami-Dade County, FL Agency Contact: Mr. Dan Coogan, Utilities Superintendent Telephone: 305-375-1814 Email: dcooaan(c�miamidade.aov Year(s) and Term of Engagement: 2/1/2012 —Current; Perpetual license with annual maintenance renewal terms Project Description: Miami-Dade County is home to 2.5 million residents and operate more than 1,500 facilities with an annual electricity spend of over$100 million. The County is using EnergyCAP to track over 8,500 utility accounts. Key goals of the project included converting all Florida Power& Light (FPL) manual-and-ERS utility bill processing to Electronic Data Interchange (EDI) processing, integrating with their Oracle accounts payable system for a streamlined bill processing workflow, reducing countywide energy utility bill costs, improving utility bill auditing/accountability, and improving utility bill management efficiency. The County also benchmarks their buildings and gathers reliable data to demonstrate the savings from special energy management projects. Agency Name: City of Virginia Beach, VA Agency Contact: Ms. Lori Herrick Telephone: 757-385-5663 Email: Iherrick(a�vbaov.com Year(s) and Term of Engagement: 8/1/2012— Current; Perpetual license with annual maintenance renewal terms Project Description: In 2008, the City of Virginia Beach (CVB) established the Joint Energy Committee to help identify key energy issues and goals for the City. As utility costs soared, committee members were uniquely positioned to define a vision and create cross-departmental consensus for action. In 2013, Energy Management Administrator Lori Herrick and her colleagues on the Joint Energy Committee are seeing important parts of that vision fulfilled. CVB is now in a pioneering position as one of the first municipalities in Virginia to implement a single entry electronic vendor invoice-to-payment process. An energy management software acquisition facilitated their dramatic EDI transition. Related business and process flow improvements are beginning to pay dividends beyond the accounting department. Agency Name: City of Tampa, FL Agency Contact: Linda Ponticelli Telephone: 813-274-3155 ©2018 EnergyCAP, Inc. 18 EnergyCAP. Email: Linda.ponticellia.tampagov.net Year(s) and Term of Engagement: 5/28/2012—current; annual license terms Project Description: The City of Tampa purchased an annual license of EnergyCAP in 2012 through an RFP process. They are currently tracking over 1,700 meters and integrate EnergyCAP with their Oracle accounting system as part of their accounts payable workflow. Agency Name: City of Jacksonville, FL Agency Contact: Nick Zelaya Telephone: 904-255-7236 Email: NzelayaCa coi.net Year(s) and Term of Engagement: 11/02/2012— Current; Perpetual license with annual maintenance renewal terms Project Description: The City of Jacksonville purchased a perpetual license of EnergyCAP in 2012 through an RFP process. They are currently tracking over 2,000 meters and integrate EnergyCAP with their FAMIS accounting system as part of their accounts payable workflow. ECI grants consent for you to contact the above-named references for purposes of evaluating ECI's offer and acknowledges that information obtained from the references may or may not be disclosed to ECI. Case Studies The following government organizations have worked with ECI to create and publish the linked case studies that tell their energy management stories: James City County (VA)- One Ring to Rule Them All: James City County unifies energy management with a software solution. Miami-Date County (FL)— Miami-Dade's Energy Revival: How focused leadership and re-imagined processes are saving kilowatts. Bay Area Cities (CA)— Making a Difference: Bay area communities band together to implement data-based Action Plans. City of San Bernardino (CA)— Bankrupt!: Their part-time energy manager is helping the City out of fiscal crisis. City of Tucson (AZ)—Tucson Two-Step: Tucson's EnergyCAP implementation reveals issues and opportunities. ©2018 EnergyCAP, Inc. 19 EnergyCAP. City of Minneapolis (MN)— Seeking Sustainabilitv: Seeking sustainability, the City adopts EnergyCAP to achieve its goals. City of Virginia Beach (VA)— Birthing the EDI vision: The City's EDI utility bill management is winning national awards. State of Maryland — EmPOWERed to Save: An energy management response to the Energy Efficiency Act of 2008. - City of Westminster (CO) Challenging Assumptions: Challenge assumptions and demolish energy myths to realize savings. 2.2. Qualifications of Proposer Team For more than 35 years, ECI has continued to develop the best-selling energy management software, serving more users and tracking more utility bills than any software in the industry. Our employees, including developers, project managers, support staff and salespeople, provide the highest quality software available. Founder&CEO who fdim - _- Vice President of Vice President of CTO Vice President of COO Vice President of Vice President Vice President of Sales&Marketing Operations Software Customer Service of HR Implementation Development Solutions Administration I F IT80perotiens —I— ^Lr� Sales Marlaedng � CSM Technical —tt— Software 0/A Support Project Project Sales Development Managers Engineers Regional Managers Project Management An experienced ECI project manager(PM)will be assigned to work with you upon receipt of contract award and will lead the implementation project to its successful completion. Behind the PM stands a talented support team with decades of combined implementation experience. Our project management staff includes Certified Energy Managers (CEM)and Business Energy Professionals (BEP), as certified by the Association of Energy Engineers. Upon receipt of contract award, ECI will assign PM to oversee the City's EnergyCAP implementation. The exact staff to be used is determined upon contract award and after ©2018 EnergyCAP, Inc. 20 EnergyCAP. the initial kickoff meeting. The ECI project management team will work closely with the appropriate City departments to complete the project. The EnergyCAP project team report to ECI's Vice President of Implementation Solutions, Dan Behringer, and issues may be escalated to Mr. Behringer at any time to assure prompt resolution. Additionally, during implementation and on-going, other internal ECI personnel and resources will be used to fulfill project requirements. Mr. Behringer's resume can be found below: Dan Behringer, Vice President Implementation Solutions EnergyCAP, Inc. 2026 Sandy Dr. State College, PA 16803 Dan.Behringer a( EnergvCAP.com 877-327-3702 x68 As Vice President of Implementation Solutions, Dan leads the team of Project Managers, Engineers, and Systems Integration Developers who set up and configure EnergyCAP software for a variety of organizations. Dan enables his staff to do what they do best every day to provide customers with solutions that help them achieve their business goals and objectives. He has an Industrial Engineering degree from Penn State University, graduating with High Distinction and Honors. Mr. Behringer's EnergyCAP software expertise areas include User Management, User Permissions, Cost Center&Accounts Properties, Building and Meter Configuration, Account/Meter Setup, Facility and Accounting Hierarchies, Bill Splits, Bill Import/Export, Submeters, Chargeback Billing, Template Manager, Bill Entry, NP and G/L Interfaces, Unit System, Unbundled/Deregulated Accounts, EnergyCAP Online Installation, and Administrative Tools. Highlights of Dan's experience prior to joining EnergyCAP, Inc. include: Mr. Behringer started his career in the energy industry as an intern with PPL, organizing and analyzing data related to the purchase and distribution of Natural Gas. Dan went on to work at two different Olympic Games, the 2000 Summer Games in Australia and 2002 Winter Games in Utah, where he managed large teams of volunteers as an Event Services Sector Coordinator. After the games ended, he began work as a Process Improvement Engineer at the Portsmouth Naval Shipyard, where he reengineered production processes to increase efficiency, decrease waste, and create safer working ©2018 EnergyCAP, Inc. 21 EnergyCAP. conditions through implementation of new technologies, lean principles, and industrial engineering tools. Dan moved on to the Pennsylvania State University, where he worked on the largest program at the Applied Research Laboratory as a Program Planner. Transitioning within the lab, Dan served as the Principal Investigator on multiple projects focused on research and development of decision support technologies. The projects delivered functional capabilities packaged as web applications or mobile apps, and employed technologies and tools such as the semantic web, machine learning, and operations research. While working at Penn State, Dan co-founded a social gaming startup company, Matchup Huddle, where he developed strategic vision and managed development of product offerings. A common theme across all of Dan's experiences is leading teams of people to accomplish challenging projects on time and within scope. Key EnerciyCAP Personnel Key personnel for ECI are listed below. The organizational chart includes personnel from our project management, development, administration, and technical support staff. Resumes, contact information, and other details about every EnergyCAP employee are maintained and available to the City via Linkedln or visiting the hyperlinks below. Principal-in-Charge, Contracting Authority Steven D. Heinz, PE, CEM, Founder& CEO John C. Heinz, MSM, MBA, Vice President of Sales & Marketing Blaine E. Clapper, MBA, BEP, Asst. Vice President of Sales & Marketing G. Adam Wetzel, MBA, Regional Sales Manager EnergyCAP Design, Programming and Development Ryan Booz, BEP, Chief Technology Officer David Ulmer, MBA, Vice President of Software Development Samata Prabhu, Sr. Software Developer Timothy Marte, Sr. Software Developer (EDI) Chris Houdeshell, Software Developer Luke Fraenza, Software Developer Stephen Clewell, Software Developer Vance Hensler, Software Developer Terry Yoder, Software Developer Kurt Kroeker, Software Business Analyst Jared Matthews, Software Quality Assurance Engineer Emiline Enslev, Report Designer ©2018 EnergyCAP, Inc. 22 EnergyCAP. P EnergyCAP Implementation and Support Services Dan Behringer, Vice President of Implementation Solutions John Pierce, CEM, Sr. Project Manager Scott'Bair, CEM, Sr. Project Manager Dan Behringer, Sr. Project Manager • Christopher Underwood, Sr. Project Manager Roy Long, Project Manager Mary Ann Hanlon, Project Manager Peter Caton, Sr. Manager, CAPture Services Ashley Kraiqe, CAPture Services Nettie Ritenour, Sr. Project Engineer Josh Condo, Project Engineer Joel Brickell, Technical Support Manager 2.3. Financial Capacity' ECI has arranged for Dun & Bradstreet to submit a 2017 Supplier Qualification Report (SQR)directly to the City's Procurement Department as requested in the RFQ. The SQR should be available and received by the City by February 23, 2018. • ©2018 EnergyCAP, Inc. 23 EnergyCAP 3. Approach and Methodology ECI's mission is to provide "Software That Saves." To be a good steward of your organization's valuable and limited energy resources, you need powerful and reliable tools, and ECI is committed to being the leading provider of software-based utilities management solutions. In addition to publishing the best-selling energy accounting software, ECI provides the following professional services as part of a comprehensive, integrated solution: • Implementation and Integration • Development • Data Management • Customer Support • Training • Utility Bill Processing via Bill CAPture • Interval Data Acquisition via Smart CAPture EnergyCAP Solution Utility bill management involves more than simply paying bills. It includes the entire - workflow process from manual or electronic bill data entry to auditing and bill verification, internal invoicing and cost allocations, detailed analysis, budgeting and forecasting, energy project identification and assessment, and day-to-day reporting. Foundational to these activities is getting a handle on all your data in a consolidated system. EnergyCAP software provides the solution for these related business needs. EnergyCAP is built around the concept of making energy information actionable. The software provides multiple options for viewing and interpreting utility bill and meter data. Whether you need to validate energy project savings, report on energy use, analyze energy trends, procure energy commodities or services, meet greenhouse gas tracking mandates, benchmark building energy use across your portfolio or with ENERGY STAR, identify savings opportunities, or spot issues or problems, EnergyCAP makes your job easier. ©2018 EnergyCAP, Inc. 24 EnergyCAP. Available EnergyCAP Enterprise Software Functionality C51Bill Management Meter Data Account Meter Interval(Time-Series)Data Bill Entry&Import(Bill CAPture) Meter Data Import(Smart CAPture) , Utility Bill Auditing Sustainability , Workflow Management ENERGY STAR Benchmarking Accounting Interface Bill Accruals GHG Tracking Track Renewables(recycling, Issue Tracker solar,wind,etc.) Savings &Analysis -S User Management Benchmarking Charts Unlimited Users Budgets&Forecasts Access Permissions Cost Avoidance(M&V) Energy Use Intensity - — Reporting Normalization Reports, Charts,&Graphs Reduction Target Tracking Report Designer Use vs.Weather Energy Dashboards PowerViewsTh E=1, Tenant Rebilling &Chargebacks Data Hierarchy&Groups Percentage and Formula-based Bill Lists Meter-based Project Tracking Loss&Remainder Interfaces Vacant Cost Recovery APIs Licensing A/P and G/L Base&Optional Advanced Metering Systems Features BASs Annual&Perpetual C3Services Unlimited Users • Bill CAPture Smart CAPture ©2018 EnergyCAP, Inc. 25 EnergyCAP. Utility Bill Processing Workflow and Process Map EnergyCAP's Bill CAPture services will process bills on behalf of the City using available formats from each utility vendor. Bills will be processed and imported into EnergyCAP within three (3) business days of receipt. Bill CAPture removes the burden of manually entering utility bills by leveraging technologies to handle every bill format for data entry, auditing, and reporting. Additionally, bill records can be exported to the City's Tyler Munis financial system for payment. Think of Bill CAPture as a three-step process: 1. Bills are accessed by or provided to our Bill CAPture service team. 2. We process the bills and import directly into the City's EnergyCAP database. 3. After being audited and approved, bill data is exported in a format that is import-ready for your accounting system. rScanned Bill Image ECI Processes • Ilc _ Bills,Imports Into Fcr= Bectronic EnergyCAP,and PDF._ TXT Links Bill Images . -- Vendor FIs 7b EnergyCAP. If Desired,Client Download Bill CAP ture�" —_ ECI Reviews Bills via IP Exports Bills to A/P in Customizable Audits Customizable Format 1— , PDF( Vendor ECI Distributes Customizable rr. ° Bills Mailed " Reports to User Directly. to ECI What Our Bill CAPture Clients Say: "I'm very pleased with the Bill CAPture service and would be happy to provide references for prospective clients." Environmental Planner-Santa Clara Valley Transportation.Authority "EnergyCAP's Bill CAPture service is very easy to use, fast, and accurate." Admin Ill, Finance - University of California San Francisco "Bill CAPture is working beautifully. Not only does the technology accurately capture all of the values from the bill and enter them into the EnergyCAP database, but the bill PDFs are stored in EnergyCAP and we can easily view them as a reference at any time." Environmental.Coordinator-James City County, VA 'We are very pleased with the level of service and responsiveness from the Bill CAPture team...The efficiency of invoice processing eliminated duplicate data entry, reduced the turn-around time for vendor payments, and improved data review." Business Analyst- University of California Davis ©2018 EnergyCAP, Inc. 26 • EnergyCAP Utility invoice formats (e.g., EDI 810, .CSV, ASC, text, online, paper)and accessibility vary widely from vendor to vendor. ECI's Bill CAPture operation, through a broad range of available technologies and extensive utility bill management experience, offers the flexibility required to process invoices from virtually any vendor, regardless of format. During the enrollment process, we will consult with you to help determine which bill format is best for each vendor. Options include receiving electronic (EDI 810, .CSV, etc.) bills, rerouting paper or PDF bills to our operation center, or web capturing from utility vendor websites. Once received, all bills and all available invoice details (i.e., all bill body lines)will be processed and imported into EnergyCAP. A scanned image of any bill provided in PDF format will be tied to the EnergyCAP record and available to view. o Q o o ) [ 0I rr* Account Code Billing Period I• Begin Date End Total Cost •1 NW-SUM_STEAM... Dec2016. 12/01/2016 01/01/2017 $393,964.86 0%_ 1' VIII � G � Account NW-SUM STEP _ View Scanned image) - - _ - • Your utility bill data, upon import into EnergyCAP, will be readily accessible for additional auditing, analysis, and reporting. There are measures built into the Bill CAPture process to verify that the data being processed is valid. We will consult with you to detail which audits and reports are to be run to most effectively spot bill data anomalies or issues: Step #1. Set up audit groups to flag bills with problems. We recommend setting up specific audits to be run on bills based on volume or other filterable factors. We have a standard set of audits that we prefer to use as part of the Bill CAPture service but will tailor the audits to meet your business processes and requirements. Below is an example of audit groups based on bill volume, but they can be modified by you or by ECI to flag bills based on any desired criteria. Audits Processing .o Bill Entry EnergyCAP currently offers a library of 55 MyBill Lists 71 utility bill audits, most of which offer user- .l Bila IlAAud s configurable variance settings. Following is r Bill with Problem Flags an example of 29 audits ; - n`°"`"'-�' --� I Audit Group Pay Amount : Variance Threshold set up as part of an audit ` BILLCAPTURE_CLIENTCODE_01 S1-$1000 High Variance Permitted group. An unlimited number of audits groups BILLCAPTURE CLIENTCODE_02 51000-55000 Medium Variance Permitted(shown below) BILLCAPTURE_CLIENTCODE_03 55000+ Low Variance Permitted 27 ©2018 EnergyCAP, Inc. EnergyCAP. can be set up the by the City to meet each department's or individual user's needs. Step#2. Create auto-email batch reports to notify personnel of issues. The reports alert ECI staff and, more importantly, send updates to your personnel to highlight identified issues for each batch of bills entered. Reports can be manually generated or automatically sent to designated users. There are also dashboard widgets that provide full visibility into billing issues. rReports Most Recent Reports {{ Code " Name Recommended Reports 6 - - My Configured Reports I BL22-CUENTCODE Single Batch Quick Look Report(CUENTCODE) 0All Reports BL27-CLIENTCODE Bills With Problems (CUENTCODE) f Shared Reports BL27E-CUENTCO Bills With EXPORT HOLD Problems (CUENTCODE) ♦Report Export Groups pp C 9 1 BL34A-CUENTCODE Bills Overdue From Vendor (CUENTCODE) �Report E-mail Groups l t n-+BILLCAPTURE_CUENTCODE_01 J i Step#3. Take action. Our processing center will collaborate with you to establish workflow processes for the follow-up, escalation, and resolution of audit-identified issues. - ECI's Bill CAPture service processes tens of thousands of utility bills each month from vendors and for clients all over the country, including Florida Power& Light,bills for Miami-Dade County, Florida International University, the University of Central Florida, and the Florida State College at Jacksonville. Our Bill CAPture team have more than 50 years combined utility bill management and processing experience and are ready to free you from the bill data entry burden. Accounting Interface Integrating EnergyCAP with the accounting workflow greatly streamlines the bill payment process by eliminating repetitive data entry and assures that invoices are audited and approved before they are imported into the A/P system. ©2018 EnergyCAP, Inc. 28 EnergyCAP. Accounts Payable Data Export EnergyCAP® `13I1 CAPture 1 ' Control Totals CID&Approved Eli,MilAtIV Verified { Payment Audited Custom .1 .c f Audit':Custom lin YJ Electronicimport ey ° — J 0 hand-key y... .. , a.... ; roubles } • Created Once the billing data has been imported into EnergyCAP and audited, the bills are typically stored within an EnergyCAP folder for supervisor approval. When approved, the data will be exported from EnergyCAP, reformatted to your prescribed file format, and imported into the City's Tyler Munis financial system for payment. After the payment has been generated, information such as payment date, check number, etc. can be imported back into EnergyCAP. The result is a complete bill record. ECI has developed interfaces for numerous accounting systems: Apache; Banner; FAMIS; Maximo,-Oracle; PeopleSoft; SAP; and many others. Each interface ECI develops is unique to the organization. System Integrations EnergyCAP provides the ability to integrate to just about any system through REST API and electronic file exchanges. This provides you with the flexibility to connect to many different systems, including the City's INFOR Enterprise Asset Management System. EnergyCAP currently has APIs that can be used for interfacing. These can be used to communicate with external systems and databases without the need of customized interface development. ©2018 EnergyCAP, Inc. 29 EnergyCAP. / ' BMS/Metenng = i I System - I --- - -- - -- i � 4_ _ x�j r- -- - • Property '`l ! Management API qJ ) APP/mran Progmmmh g t. t I - I Accounting/ERP f k t { Excel Files Reporting EnergyCAP displays utility data as charts, graphs, and tables and in more than 300 informative reports. Report categories include: • Analysis • Greenhouse Gas • Billing • Invoice • Budget • Normalized • Calendarized • Setup • Channel • Weather • Cost Avoidance • Year-to-Year Reports can be exported to a variety of file formats, including XLS, PDF, HTML, XML, DOC. Each report is customizable using a wide variety of data filtering options. ©2018 EnergyCAP, Inc. 30 EnergyCAP. ' 15114Cii!ivi = = = = = = = • • ,,,: ........ = == 'T.' II% ''R:ttlffra°11%11 __woo==mme — — — L.: ..... = —= ..... ;"---- t EnergyCAP's Report Designer is an Excel Add-in that works by importing data directly from your EnergyCAP database into a user-customizable Excel pivot table report. .Drawing on the power of our evolving API, Report Designer allows you to build custom reports or utilize a library of templates with the most current information from your database. oLop S Comma:66n by Cost Allbk 411111111111141111,..; "'"` t"7-41"4"1'47"4". , "...... - ela roakraliffilie tlo 4.1 VII It g row,' ,^4 oa .but".st*NSW • as. 1gg•gos e ri :1st •••••• ,,, .•••—••••,•.• •gi • •.•• 31 ©2018 EnergyCAP, Inc. EnergyCAP. • Dashboards EnergyCAP provides a library of dashboard widgets that display key data snapshots. Users can select the performance analytics charts and graphs most relevant to their job responsibilities. Widgets can be organized on one or multiple dashboards. ®EnnrtM Dashboard ("1-'44-/.,-,•r; Commodity Coat _ (Energy use Intensity 1 Cost Avoidance Savings.Inception-Oct 2017 . f woos a c S 21,571,433 _ ggAlks 00702 yam [ w..�.�� a1 ! _ 520,250,150 1 ill I: 9.JlW- a2 .alai �Ylae59r.e I -. 6 =. , at „I t,t., ,, '. I z:t.ol :tit,„c C' „ � 1 6.2% 31,371,213 _ W:Nir.•f p _____ � + 4 ___—_—__' € t'F"1 S4,0 J/`'N as 1P. T' J.. W , , an'� 0,„, 1p a• ,R7• I�`a hTan_wr .anwrw i Monthly Use Trend !Monthly Coat Trend am-, i tl i ■:: 6S+ ■toa7 texas i��_ ■xla mj ■mss t „� ■:m. o o' �., c. rra w uw m m A.,9 r. ou w. ta< I m 7n 1r a. uw as +.t 5.0 ae m. 90 na,../..w...o..,.,..,.,,..a.-..1 '}w......ti.,..w..+.aw,.a.07r-.•7 I Mos[Expensive Buildings i Most Expensive Meters - - 4aSry Ta41Cotl Can.Sin n 1/9.71000.9000n Gala � .5n'• .—. .J6, —_ FlaR.—_•.—_—.— —�Taa10.1 , A 1,007 Torera SZ439,t16 600112171 91t5Ye,•f i 61Or....MVknur- rwrAc ;YnaoSaxe 21257.909)fp•I ... d5mn0erux swv.5 a94w5M 9WJMi 14404,.nmevUaanSN4• E me iWo-tlb.. 212570191 — t 411:0, J, A Pxws Rr —'--"— '---- 273237 0211Ute 9t-1!(M i � _ !:'a.mio.en.S7ltl1 s...„ uT Hwvnaa 51259561 a LW...7 5.16779 32719M 566711! r�FNh Tenors-MI ! ,' xBema Mna Taws 9214259 0n7/l'S/CaneconCnfa _..__._ 9151201 Y1UM 55.771'-1 �_-- __ _.___ _. _____._ `� I i A...a/an....Y.wwa Map-based dashboards allow users to quickly view facility performance statistics and navigate to a facility for detailed analysis. Dashboards can be maintained privately, wre..vaa._.9..m. r. 1�1.11...K.im0..2.Q511a.11J_1a .: yy!� '. Tt' 4....r.�' A •4 ffats.m,am m.w + o : .• ox4 ''4d . Y f• 1q.••. • .i \1 ,,,,, . ry7. 3121111610 ._.. ..---——•Te.s&S721 a YY ' t.-4,4.5._ ` *•t. . s , }t T, • cuauA, 5 � Jti � -� �. o 1... *:_ .> Sessa5ha � , " . a N4.....**.s. t '11 4w ,,, I donvea+0,cm . 1111 1 1 :� 1 I w. w•�..- 4' . ' , ,,, •••,,,,,,,‘ ~ ,�7C �� >� 1 0 59.a,,� d an. Yt nos. . I ¢-�a -�^x Sa c ele ,'� av 217P . u..T�a+oxn-e,roa.eu j -.N.,-2.11:.‘:: `,y r•4\�. 43y, ›.' .tip X 3tie t } 5 1111 ,�•• y, T. 7 S.• 'N. Y T "a Ta ; a ,,' i"--'4;,. /.‘ t ,!..... ,--- 1 B Syo• �1., ,r� ,C/{, , w r-,z• Er "''" 1111 5., Je "''a- v w //+ shared with other EnergyCAP users, or made public by embedding on other websites. ©2018 EnergyCAP, Inc. 32 EnergyCAP. The following are links to an energy dashboard and a map dashboard that have been authorized for public view: Energy Dashboard - https://aoo.al/uwDdB5 Map Dashboard -https://aoo.aUFTbi8G Benchmarking Benchmarking similar buildings•and meters enables you to spot outliers that suggest opportunities for savings. Using these powerful visual aids, you can rank and compare buildings and meters within peer groups based on the criteria you choose, such as building or meter primary use, commodity, vendor, or rate. Once you've identified an, outlier, it's easy to prioritize energy conservation efforts. Cost/Day Unit Cost Data View Billing Period actual I i last 12 months I , v i• $437.86/day 53,724.19/day High ' $159,522 $1,359,329 High Average Cost/Day Average Total Cost $0.91/day Low 1 — — --- $331 Low e Average Cost/Day ---- -- QE:.[I~• I] ® NC-Govemmett Master,ELE01' ` t Y S3 72419/da x NE-Government Master SUM ELEO1 2`.;; ,w 01. 4011ftitr$3724:19/daY Q. y, e iHeinz Towes ELE01�+ � ��' ' � •, _ - $2.234 51/da x c ...... 'i ?°.!..„1010/004WVI .6, s..S ern : _ smith offices-Em WAWA WV#ihiKtrVgdtlX e ,Condos Place ELE01` ; , ` v S1,292.24/day e HeinzTowers=ELE02� $893.81/day; ianZlCarnpus(Main):ELE01 __ 22, S395.93/day! e 1961181ng"J"ELCE01' S395.93/dayi C , _ _ Smith,Qt)icea ELE02 $372.42/51A QQ Greei`E1E01 $347.33/day! e SWLA Ma11,Maste_ELE01 S347.33/day1 C pEneigyCAPCanventionCenter-ELE01 $347.33/day, e Underwood Aquarium-ELE01 5338.95/day; e er4erConservato ELE01 S248.15/da x ti rY' Y O Building 1-ELE01 $248.15/day: e An s Mini mall-ELE02 -- $245150/dayl e• Condos Place-11-162— $223145/day e Measurement&Verification One of EnergyCAP's important functions is to audit the effectiveness of energy management programs or conservation efforts. Using procedures in compliance with the International Performance Measurement&Verification Protocol (IPMVP) Option C, ©2018 EnergyCAP, Inc. 33 EnergyCAP. ,EnergyCAP can use 1, 2, or 3 years to weather normalize to help answer the question, 'What is the estimated Cost Avoidance that can be reasonably attributed to energy management efforts?" Cost Avoidance refers to avoided spending due to the • implementation of energy management activities. EnergyCAP Cost Avoidance methodology and core calculations date back to 1982, when EnergyCAP's predecessor (FASER Energy Accounting)first introduced Cost Avoidance. Members of the pioneering team of software engineers and developers for Cost Avoidance in 1982 are still refining and enhancing EnergyCAP today. Over the years these principles have served the needs of thousands of energy managers and assessed billions of dollars in energy management projects. By normalizing for weather, building square footage, billing period length, and, potentially, other"Special Adjustments", EnergyCAP will compare current energy consumption against the baseline period to calculate avoided energy use and cost, as illustrated below: Savings 001 261 201 5 a I21,860KWH 66.31 babel.Dee It' 20,3,131,!,(W114. 8816$2,0822.. 2,647 .1 • a a _ ., .tlY 0:1060.«e Actul arrent coal, 1,266 KNOT $176 u-a.d.M. co,...vu...' 7.68 KWH/C0010.833 R2 WA KWH HD0 I WA R2 5.9.9., 01,7. nowm.m. M..O.wu. !coal IA-0-,b so.,d.s..AT. FAA"dbr..Ar. I Ai or. 8-.1. OAIOc 64.17.. 1 SAM 0416 :8608 I R.N. !Nal 084 I rim. %809.81 a-a 1,-.m. '—- y • .031261115 499.1615 499.1615 2360401, 176.61001 393.79 10.139 ./ 31 13 0 0 .061113013 199.155 499.155 3116415 1505607. 030.00 90.119 0909_ 09 10 0 0 y_I, .06261015 499.1406 499.155 31164016 136255 90847 90.139 — _— 29 I9 0 8 .06212215 499.111771 409.155 199.655 1152409 90527 90.139 .J 26 IS 0 0 I Savings Trends p ,11- 00 _ _oo —=II U281190 — — — S00_ I OM ®. __ 190.613-LO[Nnd LOSS Loaed •sooII �High0A306 on NE BATCC cos+ 0909—' — 0909----— '0909---0909--0909.0909- 0909---0909--0909 0909-0909--0909 ----090911 ■IA011,001 oeralm6e to '17.0°3.06.;0,1°4084 1Am �,' 4661 414 ,985 35 -965 ,925 "4 ,1484 1.5 ,1S 4171 ,fl15 ,4014 ,�'9 ,'4 •64 ,990 1'8 3929 ,025 395 4 ,�11 041,00 Od' YO f4o� Ny 101 144 tf A5 pA 509 W � O1,° foo fA N`0 ,p yA ad` A4 Y'0 y9 0''''t1°''''25001''3^9 f.i 1,.. ®Sldpp6d Cost savings are readily available within EnergyCAP's informative charts and graphs and through a large library of Cost Avoidance-specific reports. Weather Data and Utility Usage Normalization EnergyCAP's weather normalization functionality makes it easy to quickly compare non- ' weather-affected usage form month-to-month and year-to-year. Other non-weather factors can be tracked in EnergyCAP and compared to energy consumption and-cost. ©2018 EnergyCAP, Inc. 34 EnergyCAP. The weather normalization process begins with calendarized usage data and then adjusts weather sensitive meters for the degree days in the user-selected weather normalization year. Weather normalization is calculated using adjustable balance point temperatures. Q Winter Adjustment \ Heating Needed Below 55'F outside 50'F 55°F 60°F 65'F 70°F 75'F 80°F i 3,000- zoos • • f -too°— o s io 75 20 25 275.24/day 105.09/HOD 0.9639 0.3869 Base Load Weather Factor R2 Minimum R2 . ./Weather-sensitive re 1, f data point •outlier 0 user-removed •best fit •2 standard deviations •Base Load Energy Use Intensity EnergyCAP uses weather-normalized energy use to calculate annualized EUI and displays it on a trend chart. EnergyCAP can also roll up EUI values at every level of the organization hierarchy. This functionality provides a valuable picture of long-term energy efficiency trends for each department, division, region, and business unit, as well as for the entire organization. Energy Use WtensitY _—.— _ 1 p' .a.>7. n.,e,:,_.,_w._>• -x .. _3 .»_a_ r_e.�!{*ai..p (stso,oao.00luanewciw*s „ .. _..,, .. ,.. .., „_a..»..w,. a.. � sw - completed Augzot5 -0.te , 016 sae O.te i: :: { r n ; m rit 8 •yp ` ` `� f 6 sae �. _ srt t -sae om 000,,''" .�00e., a,5Ha��0` �� , , 0tS��` 0S 0e 0t �,5�e,0`0,0,0�e5a,�`eA�` X6,0„,„p,10,01 0�` ��`,,v` 00,,s0e�o t,1,00 000 ; it YNrawyNarsMaryrn etOss ■ lyEelMwe c — vaomnee ♦rn. vvvo If ©2018 EnergyCAP, Inc. 35 • EnergyCAP. • ENERGY STAR Benchmarking • • EnergyCAP interfaces with ENERGY STAR's Portfolio Manager application, eliminating the need for redundant data entry and streamlining the process for obtaining ENERGY STAR ratings for State facilities. ECI is a five-time "ENERGY STAR Partner of the Year" award winner. Conant Rathep Rating Trend . 1 6e e kk 0 ........--o--.--0--.---."-6--......^.--••-•7•;..-0--0--11.---••••-•.1 . 6a_ --- - , 40 24- I 1 0 4.‘' , ,,. e " b ,. 0 0 6 0 0 9a 0 0 0 0 1 . ,(.1 1 ,4. rP r10 r60 '{D",�'� IE '4 'F ,A 10 �A ,A "P pT 'L 9J' S'C e 40 9¢ .,.. i i Pfe s e e 14:. 44' 4 P9" • ' Rating History with Messages :'natillg Month Year iC .,Rating Data II eldg kbkY�SF(- g kbLUSFi',Bldg kbW/SFI! tate'11 Sow*kbtu/d Sours=SourkbtWld 11:' I jL.- y; non.wthr r; 'fore 75 t' wthr EiryihM ji non-ergo i, wthr iL ', 90 Apr 2017 • 2017-04-25 82.2 818 False 135.3 137.0 92 Mar , 2017 , 2017-03.25 822• _Fake 132.6' 134.3 90 Feb 2017 2017-02-25 82.2 83.9 False 135.3 137.1 91^ Jan 2017 : 2017-0125 81A. kr 03.0" False 134.0 135.71 92 Dec 2016 2016-12-25 80.6 82.2 False 132.6 134.4 '1 861 Dec 2015 2016-11-30, • 872r 89.1 Fake 1506 15221- ._._. t 90 Dec 2015 2018.11-30 82.8 86.8 Fake 138.8 135.6 O D - 2015 • 2016-11.29 • 0.0 ' 0.0 0.0 Fake 0.0. • 00! O Dec 2015_- - 2016.11-29 --___. 0.0 -_ -- -� __. 0.0 Fake - -- 0.0• 91 Nov 2016 k 2016-11.25 81.4 83.1 False. 134.0' 135.J71- 90 4., .116 .016-10.25 02.. 839 else 135. 1371 ik Greenhouse Gas Emissions Tracking Greenhouse gas emissions are calculated automatically in EnergyCAP using the EPA's e-Grid conversion factors, or the County may use its own conversion factors. I Calender Year EM9sion6_CO2 Equivalent I_ em a 3116 919 916 "31740 11119..... NM.. MCA...* ---- -�.--- - -- -_J I- IFactors linked-21 i Sten )sw 1 117/6 1 has 1 oszem s6 1 sp 1 1 01191/2010 12/31(611 c.6bma:um 1]16011600 I.ccox0 a910WD.01023129,Rab)-re3.lrceaea02010 1' . 12141 101,51/2309 12/313309 0.E09040i0r 1231.969100 1.0000 091372109(6,31.)-eleer.re000209 D! 91.0106'3111 01/014007 12131/300 C.....1. 1237.639300 1.0e930 e0a1021e7sy SI.)-never.ere/01037 V1.111716031 i 01/01/401 12/31/3006 C.66911.1. 1312365200 1.00019 e0/902 7001Rm)-nb•^6••4903007 I�l for 112/30901 i 01/0113006 13/3101 Ur...e.e 12930=00 10030 aGWa3060.146.)-nr. Ra9 e n0306 I 1 16 • ©2018 EnergyCAP, Inc. 36 EnergyCAP. Project Plan and Deliverables ECI is proposing to install and implement EnergyCAP Enterprise, a commercial off-the- shelf energy efficiency software application and, in summary, responsibilities for implementing EnergyCAP at the City will be assigned as follows: • City- Provide as much setup and historical billing data as possible in electronic format. ECI will use that data to establish a complete set of accounts, meters, vendors, and rates. • ECI - Perform software implementation services (obtain all required data from the City and vendors as necessary; enter setup and historical billing data electronically to EnergyCAP); train City personnel. Provide EnergyCAP software, overall project management, and ensure overall system operations and performance. Wor Raul Methodology ' ' ,� Project Management ; ECI will perform project management and coordination functions I The electronic data to be provided by you, either in electronic format, I falls into these categories: Data • Sites, units and organizational hierarchies Collection • Accounts, meters, vendors, rates • Historical billing data • ! • Ongoing billing data • Users ( I ECI will be responsible for coordinating closely with you to: • Determine accounts and utility vendors; identification of data source • Determine method of acquiring electronic data from utility vendors if necessary Data • Assist in preparing correspondence to utility vendors to • Management request electronic data be provided historically and on-going if necessary • Collect electronic data from you in whatever file formats are available • Notify you of missing data • Obtain and enter missing data. Data Entry ECI will electronically manipulate and enter whatever data is (Electronic) available in electronic format, such as facilities data from your ©2018 EnergyCAP, Inc. 37 EnergyCAP. existing database(s) and vendor files. There is an option for ECI to convert historical bill data provided by you or obtained from utility vendors. -- - - -- j You will be tasked with manually-entering data, such as Data Entry j organizational hierarchies, user records, rate schedules, specialty (Manual) items (interval data meters, submeters), and accounts/meters, that is not available electronically. Data j ECI will develop a customized interface to the City's Tyler MUNIS Interfaces financial system. Bill CAPture ECI will work with you to enroll all utility,accounts in ECI's Bill Service CAPture service for processing of EDI bills from FP&L. Training ECI will provide training as outlined herein; schedule TBD. Technical Support ECI will provide ongoing technical support and software upgrades. Estimated Timeline The EnergyCAP implementation timeline is dependent on the quality and timeliness of the data we receive. Our proposed solution is a single implementation project that includes signoffs upon completion of individual phases of the overall project. Some steps are contingent upon completion of a previous step; however, many can be worked on and completed concurrently. Most projects take between 4-12 months from date of project kickoff to completion. We will work with you to structure an implementation plan that meets your goals and to establish a detailed project schedule with task completion dates. The following is a preliminary implementation schedule, based on our typical project timeline and on ECI's current understanding of project details: ©2018 EnergyCAP, Inc. 38 EnergyCAP._ Apr 16 I!merit Tralnksg Aor2-May2IMMIUM Coned D admg and CatCanter Mfo,m tion May3-Mar9 NM Cordigr s iSingaandAccountsltaran.hiea in EnergyCAP System Apr 2-Mar 13•'..-.,.�.�„A„ Collet!-Monde ofis forSyRamStmn MeV 14-Mc725 MIMMENIC1eterenimo Sa,aaP Of Historic nal Information Mr..4A0 hi CA1bne Setup-EDI IRO-PDF(Other) May 1.3MNSetup Accountaand Men..within Ene,AycAPSyuan 14123-A463—Match Mete,,with Ouildinp and Amount wteh Cost[antes Hui 23-Aeg3 ctr6W1/>umled Di tarnlom,Option ta ComM and toad Data Establish ,CAP .11e-Aug 17 W Enemy MOO 1-lrrn 25)-. __ __ ,v,;)Dmitri and Document Accounting Imarfeq(Tyles Montt) 49.26-A4,ti Develop ail Test Custom Amounting t Atha/Ke Tess pmv dtd Acwuntkrg Aug 7-AuS la—fnnrfateand WakDett 3606 Aug 17—Cat AvoldanceConOgura6on Aba c-A6324—Advanced EnemyC4P. gutters Configuration Eno.KAP Au527-Ar.-01 MI Omit* Training Beginning of Ragolle Project State Implementation Project Kickoff Ma stink Ca,nplele Apr 1 16120 Aud 31 19 2018 Project Management Numerous ECI employees have received advanced degrees and/or professional energy-related certifications, including multiple Certified Energy Managers (CEM) and Business Energy Professionals (BEP). The educational accomplishments and certifications are enhanced with extensive experience in the energy industry and with ECI, specifically. We considered every EnergyCAP implementation to be a one-of-a-kind project. Our unmatched experience and collective skillset allow us to deliver a solution that meets or exceeds each customer's unique needs. Over the past three decades, ECI's project management processes have been put to the test on projects ranging from dozens to tens of thousands of utility accounts and are continuously refined to ensure successful project completion with minimal need for change orders: ■ Staff— ECI's Implementation Solutions,staff includes experienced project managers who have a high level of software knowledge and are effective communicators. The staffs experience, along with extensive technical expertise, enables them to develop a master implementation plan that successfully accommodates each customer's specific needs and business processes. ©2018 EnergyCAP, Inc. . )39 EnergyCAP. • Management Tools—Project management tools used by ECI personnel include Microsoft Project, Project Insight, SQL Management Studio, Microsoft Excel, Citrix, GoToMeeting, and other applications as needed to facilitate communication and workflow. • Schedule—A detailed project schedule will be prepared by ECI's lead project manager following the project kickoff meeting. The schedule will be communicated to all designated recipients and updated as needed throughout the project. Project milestones will be noted on the schedule, with City acceptance and sign-off required at designated points. • Meetings — Project status conference call meetings are held weekly or bi-weekly, and the ECI staff is available between regular meetings to address any questions or concerns City staff may have. An agenda will be prepared by the lead ECI project manager and delivered to City project staff prior to each project status meeting, ensuring that each participant is fully prepared for the meeting and that each meeting proceeds efficiently. • Communication — Effective communication is critical to the success of an EnergyCAP implementation project. Communication between the ECI implementation staff and City staff will begin with the project kickoff meeting and continue regularly—via phone, email, and online webinar-type sessions— throughout project completion. • Knowledge Transfer—As noted on.the Preliminary Project Schedule,a Knowledge Transfer Document ("KTD")will be constructed throughout the implementation project, documenting major process decisions made during the implementation process. The KTD will be maintained by the City and will be an invaluable resource to the City following completion of the EnergyCAP implementation. Roles & Responsibilities The following tables define the expected roles and responsibilities to be expected from your and the ECI project teams throughout the project implementation: V?Roles Responsibility • Project approval to start Project Sponsor • Approval of project change orders as necessary • Approve or delegate approval that project has completed satisfactorily j Project Manager • Primary point of contact ©2018 EnergyCAP, Inc. 40 • EnergyCAP. • Manage project: ensure deliverables are reviewed and approve in timely manner • Ensure critical success factors are identified, validated and approved • Facilitates communications • Ensure infrastructure and data requirements are r identified and completed IT Support • Provide technical expertise L • Install systems and software j ti • Understand accounting and workflow functions of system Accounting Support I • Provide expertise on accounting codes and structure of data • If necessary, provide interface specifications • Identify and approve reporting requirements Additional • Conduct testing via scenarios and ad-hoc • Provide feedback and sign off on key deliverables 1 1 Roles m,. Responsibility' s , • Project lead _. Senior Project • Overall point of contact • • Manage project: ensure deliverables are reviewed and Manager approve in timely manner • Facilities communications Project Engineer(s) • Assist lead project manager VP of • Manages project managers Implementation • Facilitates issues that may arise Solutions • Ensure quality • Lead point of contact for all matters specific to client account Account Manager f • Assist with high-level severity requests or issue escalations as needed Training • Initial Training ECI recommends on-site training at your training facility. The standard seminar includes two six-hour training days, and the training agenda is customized to focus on the attendees' needs and roles and the software functionality included in your license. ©2018 EnergyCAP, Inc. 41 EnergyCAP. Training is provided in a classroom-type setting and includes hands-on exercises to reinforce training topics. The training seminar is typically held near the end of the software implementation process. You may include as many personnel as desired. A computer lab is an ideal setting for the training. A conference room will also work, as long as each attendee has access to a computer during the training. In addition, the ECI instructor—typically the project manager—will need a standard projector to display images from a laptop to a screen that is visible by all trainees. On-going Training In addition to the initial training sessions, your personnel will have multiple options for continuing to improve their knowledge and use of EnergyCAP: • Customized online training—ECI can provide, upon request, custom online training sessions for your personnel. Sessions are typically delivered in a one- hour format. Costs are provided in the Pricing section. • Annual Catalyst training in State College, PA—All EnergyCAP customers are invited to attend the company's annual Catalyst training conference. The session offers up to three days of hands-on classroom instruction, with numerous opportunities to interface directly with other EnergyCAP users from across North America. The next Catalyst training conference is September 26-28, 2018. • Online resources—Through our website at www.EneravCAP.com, we offer tremendous resources to assist our customers. Resources include an online, searchable knowledgebase, videos, technical bulletins, and a searchable Help manual. The resources are free and accessible by all EnergyCAP customers. • ECI recognizes the value of well-trained EnergyCAP users; therefore, we are committed to making sure your personnel receive the initial and on-going training they need to use EnergyCAP in an efficient, productive manner. Long-Term Customer Success Ongoing support helps ensure effectiveness. ECI provides expert technical support via phone, email, web conferencing, and our support website. We provide many free technical support and training resources to assure a productive user experience for each licensee. The resources are accessible through our website at http://www.energvcap.com/support/options and include Help Videos, a searchable Help Manual, and access to our Technical Support staff via phone and email. ©2018 EnergyCAP, Inc. 42 EnergyCAP. EnergyCAP's Technical Support staff may be contacted directly via email or toll-free phone call during the hours of 8:00am to 5:00pm ET on standard business days. After- hours and weekend technical support is available via ECI's website. Technical support requests are responded to within four hours of receipt and are assigned one of three priority levels: • Routine— Five-day Resolution • Urgent—Two-day Resolution • Emergency—One-day Resolution Database Hosting, Ownership & Confidentiality EnergyCAP utilizes MS SQL Server for data storage and processing, which enables the tracking of an unlimited number of bills, accounts, meters, and buildings. Microsoft SOL Serves Wo 3G Q ; 6P 6 r 1 1 J • , . .. t an g �► Q fat•.I„ ; ECI will host the City's EnergyCAP database on hardware owned and maintained by ECI. Equipment is located in Pittsburgh, PA in a commercial co-location facility that has secure access, redundant high speed Internet access and redundant power supply. Details on the datacenter can be found at https://www.expedient.com/data- centers/pittsburch-allechanv-data-center/. The ECI co-location facility is a SSAE 16 certified unit, and has received SOC 2. We perform regular scans for vulnerabilities, routine updates for operating system patches, get alerts regarding malicious firewall activity, etc. An abridged version of our Disaster Recovery Plan can be provided upon request. ©2018 EnergyCAP, Inc. 43 EnergyCAP. AVISCbuS ad CON&st am For aVIS page bad eOdp air Production Hosted Environment-Pittsburgh,PA / HTTPS N1b Saver Ws Da aso VMs 1/ �, .. a , d ivy/a9aYa YSphna duster VSploreoAalr TAT': .-1142EA +.1 141.1: ®G® Stoma*APachrd Network S.44d Atorim mos= wasp. 1-44-1 • ANSDaw Le B Bo tlnps IPSec Tonal pa ��E "In Implementation"clients and secondary,oflaito(allover ',Web SaerVMa Detaeansaer VMs f' saved mm erste sa red horn&Oct HrTPS VSpMotluNa %Spnae dugs V toad esT _ _ 42, air L.:Stmpp Attadwd Hstwuk�Jam �t� All access to facility is by appointment only, greeted and escorted by guards and other personnel. Each room is locked using biometric and keytag/pinpad access panels. All sections are monitored with CCTVs (including parking areas), and server racks are also individually locked and can only be opened by hosting staff. System availability over 5+ years has exceeded 99% during normal business hours. Guaranteed system availability is 98% during customary Eastern Time Zone office hours. The City shall be entitled to a credit of$500 on the next invoice if system availability falls below 98%for the prior quarter. ECI shall treat City data as confidential information and shall not release, divulge, or provide access to data by any third parties without the prior consent of the City. The City's database will be backed up nightly to on-site and off-site locations and can be provided to the City at any time upon request. 44 ©2018 EnergyCAP, Inc. EnergyCAP. 4. Value Added Services • Integration with Portfolio Manager's ENERGY STAR ECI is a five-time winner of the Energy Star Partner of the Year award. EnergyCAP enables the City to interface for automated submission of building energy data to Energy Star's Portfolio Manager. Through the interface, Energy Star returns energy use information and an Energy Star building rating for energy efficiency that can be used.to achieve certification status. The interface alleviates the need to double-enter data into EnergyCAP and into Portfolio Manager, and makes it easy to satisfy benchmarking • legislation requirements. This feature is included with a base license of EnergyCAP at no additional cost. Antal Wta I Calendar:zed Data Normallced Data Savings Properties Summary Cammodtty Monthly Greenhouse Gas ENERGY STAR Undated 9 moalh,ar, _ — i ENERGY STAR .__ _-_—-- — . �_--j 'Rating Trend jp, 0 .- 3 ao- 1m- . ° 6 6 e i i i i �.LMfe .St 'Cate 1 s9 'lWe 'S° 'Nsu 'y F 'O° 'P 'Nt6 'p 1m 'p y- 5� N MI P9t „,„,04 >J' la W9,p\n yq M W tfF' �y°' 1..0'41. N'r IC • Rating Nlst09Y tvIth Messages 1R4tW I 36°4484 1Year 111411r9 We 181195431918F imaNr 18119IdtosE for a75 Bldg IdauSFrtla i Label 133904; Solves klatif5F4on.th,TSetrcelcbtonFwb �SweeWuTotal.9. i Sara 9D Total=raft 1116at0493MT072 90 AK 2017 04725I1017 82.2 83.8 fMae 137.0 137.0 90311.693.3 88,1836113 I —_ 1921.14r 2017 037252017 80.6 822 false 7343 • 1343 805408753 87133.9..6 0 Feb 2017 02/252017 822 83.9 lake 137.1 137.1 90347,8325 89218301.6 191 Jen 2017 1.11252017 81.4 83.0 Wee 1317 1317 89.4531991 883319521 192 Dec 2016 12252016 80.6 822 lake 1341 1344 80567.6212 87,460,3986 \ [86 Dee 2015 11202016 87.2 89.1 lake 152.2 142 —_--- 1803063614 992511392 190 Da 2015 11202016829 -----^------- 84.8 ft. 1306 --------138.6 913422523 90:003892 ' Or 2015 1129/2016 _—_ fes 91.3422613 90.001892 _--_ 0 Dec015 1129/2°16 tYae en , 1 91 Noe 2016 1125/3016 81.4 83.1 1a34. 1317 135.7 894622417 80343.786.5 t • Meter Data,Acquisition . The process of importing meter reads can be automated to import data: directly from utility vendors; by interfacing With existing equipment via file transfer, API, or gateway; by installing new metering equipment with CTs; or connecting to existing smart meters. ECI's optional Smart CAPtures6 service will load your smart meter data for you using a variety of methods. We can automate the upload of already-available {`yesterday" data files via your utility vendors, or Smart CAPture can interface with your existing ©2018 EnergyCAP, Inc. 45 EnergyCAP equipment via file transfer, APIs, and gateways. ECI can also install new metering equipment and setup automated interval data import into your EnergyCAP database. Meter Data Import Vendor • . ! Z � •:--•U 1 Smart-CAPture j ► BAS/EMS EnergyCAP 1I�n• -- Import CQ Naiad gag j 'Submeter Rgagt •Options Resource`; Data' ormf-is Notes • • You enter monthly readings into Manual Entry City Monthly meter EnergyCAP for chargeback/rebill readings calculations. You upload interval and/or monthly j E meter reading data files using mapping profiles. Data source(s) Manual or Flat File or may be vendor smart meters, Automated k City API submeters, or other meter data Import gateway (e.g., BAS). During the = implementation process, ECI can consult with you to automate the import process. ECI processes interval and/or monthly meter readings on behalf Smart you using available formats from ECI Flat File, API CAPture each utility vendor, metering system, or gateway (e.g., BASE). Service fees apply. ©2018 EnergyCAP, Inc. 46 .\