PSA with ECS Business Services ao 13- 303 Sq
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
ELITE CONSULTINGSPECIALISTS D/B/A ECS BUSINESS SERVICES FOR
COST CONTROL AND RECOVERY AUDIT SERVICES, PURSUANT TO
RFP 2018-081-JC
This Prof ssional Servs Agreement ("Agreement°) is entered into this a day of
, 20 (I, between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corpor 'on organized and existing under the laws of the State of Florida, having its principal
offices t 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and ELITE
CONSULTING SPECIALISTS.D/B/A ECS BUSINESS SERVICES, a Florida corporation,
whose address is 5050 Biscayne Boulevard, Suite 200, Miami, FL 33137("Consultant").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager. The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the, City Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be the Property Management Director.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and.not an agent or employee of the City.
Services: All services,work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
• Consultant Service
Order. "Consultant Service Order" shall specifically describe and delineate the
particular Services which will be required of.Consultantfor the Project that
is the subject of such order using Schedule "A" — Consultant Service
• Order Format,attached hereby and made part of this Agreement.
Fee Amount paid to the Consultant as compensation for Services.
Proposal
Documents: Proposal Documents shall mean City of Miami Beach RFP No.2018-081-
JC for COST CONTROL AND;RECOVERY AUDIT SERVICES, together
with all amendments thereto, issued by.the City in contemplation of this
Agreement, RFP, and the Consultant's proposal in response thereto
("Proposal"),all of which are hereby incorporated and made a part hereof;
provided, however, that in the event of an express conflict between the
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Proposal Documents and this Agreement, the following order of
precedent shall prevail:this Agreement;the RFP;and the Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention)Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number(305)
673-7000, Ext.6435;and fax number(305)673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 Consultant shall have no entitlement to perform any services hereunder, or to be
compensated for any services, unless set forth in a written Service Order, approved by
the City Manager, at the City Manager's sole discretion. Consultant acknowledges and
agrees that based on City's current needs and the lump sum/flat fee" arrangements
currently in place for City's elevator service agreements, billing reviews are not required
and therefore, it is unlikely that any Service Order shall be issued to the Consultant
under this Agreement. In the event City's current elevator service contract
arrangements change and the City Manager, at the City Manager's sole discretion,
issues a Service Order,then Consultant shall perform the Services as set forth in Exhibit
"A"and the Service Order.
Although Consultant may be provided with a schedule of the available hours to provide
its services, the City shall not control nor have the right to control the hours of the
services performed by the Consultant; where the services are performed (although the
City will provide Consultant with the appropriate location to perform the services); when
the services are performed, including how many days a week the services are
performed; how the services are performed, or any other aspect of the actual manner
and means of accomplishing the services provided. Notwithstanding the foregoing, all
services provided by the Consultant shall be to the reasonable satisfaction of the.City
Manager. If there are any questions regarding the services to be performed, Consultant
should contact the following person:
Property Management Department
City of Miami Beach
1833 Bay Rd
Miami Beach, FL 33139
Attn:Adrian Morales, Department Director
Email:AdrianMoralesAmiamibeachfl.gov
2.2 Consultant's Services and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in the Consultant Service Order.
Consultant Service Orders must include a detailed list of tasks, sub-tasks, and
deliverables (Collectively the Scope) that are consistent with the work and services
described in Appendix"C"of the RFP and Exhibit"A"of this agreement.
2.3 Consultant shall only commence any Services, or portions thereof, upon issuance of a
Consultant Service Order executed by the City Manager or corresponding Department's
Director pursuant to the requirements in section 4.2 of this agreement.
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SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon execution of this Agreement by all
parties hereto, and shall have an initial term of three (3) years, with two (2), one (1) year
renewal options, to be exercised at the City Manager's sole option and discretion, by providing
Consultant with written notice of same no less than thirty(30)days prior to the expiration of the
initial term.
Notwithstanding the Term provided,herein,`Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services,
as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FEE
In consideration of the Services to be provided, Consultant shall be compensated through
individual Consultant Service Order(s) issued for a particular Project, on a "Contingency Fee°
basis,as set forth in the consultant service order.
4.1 At the time of negotiation of each Consultant Service Order, City and Consultant will
determine the;tasks,sub-tasks, and deliverables applicable to the Project based on the
list of Services associated with each Consultant Service Order. Consultant shall not
commence any Services or Additional Services unless approved in writing by the City
Manager or the corresponding Departments Director.
4.2 The corresponding Department Director shall have the delegated authority to execute
Consultant Service Orders up to an amount not-to-exceed.$50,000.00. Any Consultant
Service Orders in excess of $50,000.00 must be executed by the City Manager. Any
Consultant Service Order not executed in accordance herewith shall be null and void.
4.3`- INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within
forty-five (45) days for that portion (or those portions) of the Services satisfactorily
rendered(and referenced in the particular invoice).
Invoices shall include a detailed description of the. Services (or portions thereof)
,provided,and shall be submitted to the City at the following address:
Accounts Payable Division
Finance Department
City of Miami Beach
1700 Convention Center Drive, 3rd Floor
Miami Beach, FL 33139
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SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any'of the
covenants, agreements, or stipulations material to this Agreement, the City, through its
City Manager, shall thereupon have the right to terminate this Agreement for cause.
Prior to exercising its option to terminate for cause,the City shall notify the Consultant of
its violation of the particular term(s) of this Agreement, and shall grant Consultant ten
(10)days to cure such default. If such default remains uncured after ten (10) days, the
City may terminate this Agreement without further notice to Consultant. Upon
termination, the City shall be fully discharged from any and all liabilities, duties, and -'
terms arising out of,or by virtue of,this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Consultant The
City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable
actions that it deems to be in itsbest interest in order to enforce the City's right and
remedies against Consultant. The City shall be entitled to recover all costs of such
actions, including reasonable attorneys'fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
The city may also, through its City Manager, and for its convenience and without cause,
terminate the agreement at any time during the term by giving written notice to
consultant of such termination; which shall become effective within thirty (30) days
following receipt by the consultant of such notice. In the event of any such termination
for convenience, Consultant shall be entitled to payment of of its Revenue Share
(pursuant to the terms specified in any Service Order), for a period of three(3) months
following the effective date of termination,and upon payment of such Revenue Share for
the three (3) month period specified herein, Consultant and City shall have or owe no
further obligation or liability to the other arising from or in connection with this
Agreement.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant
is placed either in voluntary or involuntary bankruptcy or makes an assignment for the
benefit of creditors. In such event, the right and obligations for the parties shall be the
same as provided for in Section,5.2.
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SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees, agents, and Consultants, 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, Consultants, or any other person or entity acting under
Consultant's control or supervision, in connection with, related to, or as a result of the
Consultant's performance of the. Services pursuant to this Agreement. To that extent,
the Consultant shall pay all such claims and losses and shall pay all such costsand
judgments which may issue from any lawsuit arising from such claims and losses, and
shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals.The Consultant expressly understands and,agrees
that any insurance protection required by this Agreement or otherwise provided'by the
Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and
save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The parties agree that one percent (1%) of the total compensation to Consultant for
performance of the Services under this Agreement is the'specific consideration from the
City to the Consultant for the Consultant's indemnity agreement. The provisions of this
Section 6.1 and of_ this indemnification shall survive termination 'or expiration of this
Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full forceduring the Term, the following
insurance: �
1.Consultant General Liability, in the amount of$1,000,000;
2. Consultant Professional Liability, in the amount of$200,000;and
3. Workers Compensation & Employers Liability, as required pursuant to Florida
Statutes. • '
The insurance must be furnished by insurance companies.authorized to do business in
the State of Florida. .All insurance policies must be issued by companies rated no less
than "B+" as to management and not less than "Class VI" as to strength by thelatest
edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent.
All of Consultant's certificates shall contain endorsements providing that written notice
shall be given to the City at least thirty (30) days prior to termination, cancellation or
reduction in coverage in the policy. The Insurance certificates for General Liability shall
include the City as an additional insuredand shall contain a waiver of subrogation
endorsement.
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Original certificates of insurance must be submitted to the City's Risk Manager for
approval (prior to any work and/or services commencing) and will be kept on file in the
Officeof the Risk Manager. The City shall have the right to obtain from the Consultant
specimen copies of the insurance policies in the event:that submitted certificates of
insurance are inadequate to ascertain compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance
certificates for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this
Agreement until all insurance required under this Section has been obtained and such
insurance has been approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONIVENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida.
This Agreement shall be enforceable in Miami-Dade County, Florida,and if legal action
is necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Consultant and the City expressly
waive any rights either party may have to a trial by jury of any civil litigation related to or
arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action, for money damages due to an.alleged
breach by the City of this Agreement, so that its liability for any such breach never
exceeds the sum of the compensation/feetobe paid to the Consultant pursuant to this
Agreement, less any amounts actually paid by the City as of the date of the.alleged
breach..Consultant hereby expresses its willingness to enter into this Agreement with
Consultant's recovery from the City for any damages from any action for breach of
contract to be limited to a maximum amount of the,compensation/fee to be paid to the
Consultant pursuant to this Agreement, less any amounts actually paid,by the City as of
the date of the alleged breach.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages
in an amount in excess of the compensation/fee to be paid to the Consultant pursuant to
this Agreement, less any amounts actually paid by the City as of the date of the alleged.
breach, for any action or claim for breach of contract arising out of the performance or
'non-performance of any obligations imposed upon>the City by this Agreement.
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Nothing contained in this section or elsewhere in this Agreement is in any way intended
to be a waiver of the limitation placed upon the City's liability, as set forth in Section
768.28, Florida Statutes.
SECTION 9.
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS: COPYRIGHT:
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect ,to the performance of the work and/or service contemplated herein,
Consultant shall exercise that degree of skill, care, efficiency and diligence normally
exercised by reasonable persons and/or recognized professionals with respect to the
performance of comparable work and/or services.
9.2 COMPLIANCE WITH.APPLICABLE LAWS
in its performance of the work and/or services, Consultant shall comply with all
' applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State
of Florida,and the federal government, as applicable.
9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIALITY
Any work product arising out of this Agreement, as well as all information specifications, '
processes, data and'findings, are intended to be the property of the City and shall not
otherwise be made public and/or disseminated by Consultant, without the prior written
consent of the City Manager, excepting any information, records etc. which are required
to be disclosed pursuant to Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under
this Agreement are intended to be the sole and exclusive property of the City, and shall
not be subject to any application for copyright or patent by or on behalf of the Consultant
or its employees or sub-consultants, without the prior written consent of the City
Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally
recognized holidays), and as often as the City Manager may, in his/her reasonable
discretion and judgment, deem necessary, there shall be made available to the City
Manager, and/or such representatives as the City Manager may deem to act on the
City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or
records relating to all matters covered by this Agreement. Consultant shall maintain
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any and all such records at its place of business at the address set forth in the
°Notices"section of this Agreement.
10.2 [INTENTIONALLY DELETED]
10.3 ASSIGNMENT,TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work
and/or service under this Agreement without the prior written consent of the City
Manager, which consent, if given at all, shall be in the Manager's sole judgment and
discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder,
shall be assignable unless as approved pursuant to this Section, and any attempt to
make such assignment(unless approved)shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services,the Consultant shall file a State of Florida Form
PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public
Entity Crimes with the City's Procurement Division.
10.5 NON-DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exclude
from participation in, deny the benefits of, or subject to discrimination anyone on the
grounds of race, color, national origin, sex, age, disability, religion, income or family
status.
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to
time, prohibiting discrimination in employment, housing, public accommodations, and
public services on account of actual or perceived race, color, national origin, religion,
sex, intersexuality, gender identity, sexual orientation, marital and familial status,age,
disability, ancestry, height, weight, domestic partner status, labor.organization
membership,familial situation, or political affiliation.
10.6 CONFLICT OF INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-
Dade County Code, as may be amended from time to time; and by the City of Miami
Beach Charter and Code, as may be amended from time to time; both of which are
incorporated by reference as if fully set forth herein.
Consultant covenants that it presently has no interest and shall not acquire,any
interest, directly or indirectly, which could conflict in any manner or degree with the
performance of the Services. Consultant further covenants that in the performance of
this Agreement, Consultant shall not employ any person having any such interest. No
member of or delegate to the Congress of the United States shall be admitted to any
share or part of this Agreement or to any benefits arising therefrom.
10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term"public records"shall have the meaning set forth in Section 119.011(12),which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business of the Employer.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the
definition of"Consultant"as defined in Section 119.0701(1)(a),the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed'the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that)public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and followingcompletion of the
Agreement if the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public.records
required by the City toperform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of the Agreement,the Consultant shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodianof 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 doesnot possess the
requested records, the City shall immediatelynotify the Consultant_ ofthe
request, and the Consultant must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Consultant's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1)unilaterally
terminate the Agreement;' (2) avail itself of theremedies set forth under the
Agreement;and/or(3)avail itself of any available remedies at law or in equity.
(3) A Consultant who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s.'119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Consultant, the reasonable costs of enforcement, including
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reasonable attorney fees, if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time;and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Consultant has not compliedwith the request, to the City and to the
Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its,
contract with the City or to the Consultant's registered agent. Such notices must
be sent by common carrier delivery service or by registered,. Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8.business days ,
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES,TO THE CONSULTANT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E.GRANADO,CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a�MIAMIBEACHFL.GOV
PHONE: 305.673-7411 _
SECTION 11
NOTICES
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All notices and communications in writing required'or permitted hereunder, shall be delivered
personally to the representatives of the Consultant and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid,or by a nationally recognized
overnight delivery service.
Until changed by notice, in writing,all such notices and communications shall be addressed as
follows:
TO CONSULTANT:' Elite Consulting Specialists d/b/a ECS Business Services
5050 Biscayne Boulevard,Suite 200,
Miami, FL 33137
Attn: Michael Lefkowitz
TO CITY: City Manager's Office
• City of Miami Beach
1700 Convention Center Drive,4"'Floor
Miami Beach, FL 33139
Attn: Jimmy L. Morales, City Manager
WITH A COPY TO: City of Miami Beach, Property Management Department'
1700;Convention Center Drive
Miami Beach, FL 33139
Attn: Adrian Morales, Department Director
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S.certified mail, return receipt requested,hand delivered,or by
overnight.delivery. In the event an alternate notice address is properly provided, notice shall be
sent to such alternate address in addition to any other. address which notice would otherwise be
sent, unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt,or,in all other cases,on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of
the parties. No modification, amendment, or alteration of- the terms or conditions
contained herein shall be effective unless contained in a written document executed with
the same formality and of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable,the remainder
of this Agreement shall not be affected and every other term and provisionof this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The/City and Consultant agree that this is the entire Agreement between the parties.
This Agreement supersedes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein, and there are
no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document.Title and paragraph headings are for
convenient reference and are not intended to confer any rights or obligations upon the
parties to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials,as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
141P_P
C' Clerk Mayor
Date: S /31 l Li
18(ORP ORAiE h
B CH26-i
FOR CONSULTANT: ELITE CONSULTING SPECIALISTS DIB/A
ECS BUSINESS SERVICES
ATTEST:
B : al& l
1/L766/-19 F6-gG .�
c/ ,,1J -C(Oq P.(e( _ �' f - .
Print Name and Title Print Name and Title
Date: .7`t,1t ,
f APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
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City Attorney Off Date
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall berequired to provide services to the City in order to deliver reviews of area(s) of
expenditure to assure that invoiced costs are consistent with contract rates, and to recover any
overcharges that may have occurred.
C2.Statement of Work Required.
The scope of services shall include review of City invoices paid and inspection of contracts for the above
categories of expenditures, in order to determine if over-billings have occurred, and subsequently recover
retroactive refunds from companies where overpaid.The.City expects this project to reduce monthly costs )
paid for services within the respective categories.The selected firm(s)shall also identify areas of services
that are redundant or no longer needed, and make recommendations to rationalize the services therein.
Additionally, the analysis shall determine whether new contract terms beneficial to the City could be
secured to lower the City's associated costs. The proposer shall havefno financial relationship with any
recommended service providers.
_ Fees paid to the selected firm(s) shall be based on a percentage of the recovered costs identified in
Appendix D, Revenue Proposal Form. The City expects to incur no expenses as a result of this RFP.
Proposers may, but are not required to, submit a proposal for each identified group;,however, a separate
proposal is required for each group submitted for consideration.
Group 5.Elevator Service Agreements
The City of,Miami Beach,establishes elevator service maintenance contracts to provide the City with
various routine,maintenance services, and for repairs not covered by maintenance, to the City's fleet of
elevators.The.City's fleet is segmented within four(4)distinct groups, as follows: 1) Parking, 2) North, 3)
South, and 4) RDA. For non-routine engagements that may include major refurbishments and
modernizations, as well as installation of new equipment, the City may select from a prequalified pool of
Consultants awarded in the agreement.
The purpose of the audit is to ensure 'that the City pays for appropriate services rendered and in
accordance with the contract terms.The audit firm will review elevator maintenance agreements,invoices,
fee schedules and annual expenditures (excluding lump sum,or flat fee arrangements for which review of
billed repairs is not applicable). Furthermore, the audit shall identify and determine if new contract terms
are needed to secure lower overall costs for the City. /The audit shall sample random invoices for
maintenance and repairs for each segmented group. Invoices for non-routine engagements that include
refurbishments and installation of new equipment shall also be randomly sampled. The audit shall seek to
review billing accuracy of the following:
• Maintenance rates are consistent with fee schedules and locations
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• Accuracy of billed repairs. Such repairs shall not include items generally covered under the
maintenance scope as defined in the contract. Items identified as corresponding to routine
maintenance and billed as repairs shall be flagged.
• Rates for labor hours, both regular and overtime are billed according to contract. Total hours
related to repairs shall be analyzed and verified.
• Rates for materials shall be analyzed for accuracy,including market price and markup.
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SCHEDULE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ELITE CONSULTING
SPECIALISTS D/B/A ECS BUSINESS SERVICES
CONSULTANT SERVICE ORDER FORMAT
Service Order No. for Consulting Services.
TO:
DATE:
SCOPE OF SERVICES:
Per attached proposal dated to be considered part of this Agreement.
Project Name and No:
Estimated calendar days to complete this work: days
Contingency Fee(Revenue Share)for this Service Order. Check One Below
75%of Revenue Share for Cost Savings.Realized by the City as a Result of Recovery
1. Audit
Property Management Director Date Elite Consulting Specialists dlbla ECS Date
Business Services
City Manager Date
15
ATTACHMENT A
RESOLUTION COMMISSION ITEMS AND COMMISSION
MEMORANDUM
RESOLUTION NO.. 2018-30389
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 2018-081-JC, FOR COST
CONTROL AND RECOVERY AUDIT SERVICES; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH UTIL
AUDITORS, LLC, THE SOLE RANKED PROPOSER, FOR CATEGORY
1, CREDIT CARD PROCESSING; FURTHER, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH PUBLIC
RISK ADVISORS, THE SOLE RANKED PROPOSER, FOR CATEGORY
2, INSURANCE, POLICIES; AND FURTHER, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH. ECS
BUSINESS SERVICES, THE SOLE RANKED PROPOSER, FOR
CATEGORY 5, ELEVATOR SERVICES AGREEMENTS; AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH
EACH OF THE SUCCESSFUL PROPOSERS UPON CONCLUSION OF
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, on February 14, 2018, the Mayor and City Commission approved the issuance of
Request for Proposals (RFP) No. 2018-081-JO, for Cost Control and Recovery Audit Services; and
WHEREAS, the RFP was issued on February 15, 2018, with an opening date of March 29,
•
2018; and
WHEREAS, a non-mandatory pre-proposal meeting was held on March 7, 2018; and
WHEREAS, on May 7, 2018, the'City Manager, via Letter to Commission (LTC) No. 256-2018,
appointed an Evaluation Committee (the "Committee"); and
WHEREAS, on May 4, 2018, the City received a total of four(4) proposals, three of which were
deemed to be responsive proposals; and
WHEREAS, the proposal received from AudiTec Solutions; Inc., was,deemed non-responsive
for failure to conform to the RFP submittal requirements; and
WHEREAS, only one (1) proposal was received for Category 1, Credit Card Processing; only
one (1) proposal was received for Category 2, Insurance Policies; and only one (1) proposal was
received for Category 5, Elevator Services Agreements; and
WHEREAS, no proposals were received for Category 3, Security Services, or Category 4,
Shipping Services; and
WHEREAS, the Committee convened on May 23, 2018 to review :and score the responsive
proposals received; and
WHEREAS,the Committee was provided an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope
of services, and a copy of each proposal; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the
evaluation criteria established in the RFP; and
WHEREAS, the Committee's ranking was as follows: Util Auditors, LLC, as the sole ranked
proposer, for Category 1, Credit Card Processing; Public Risk Advisors, as the sole ranked proposer,
for Category 2, Insurance Policies; and ECS Business Services, as the sole ranked proposer, for
Category 5, Elevator Services Agreements; and
•
WHEREAS, after reviewing all the submissions and the results of the evaluation process, the
City Manager recommends that the Mayor and City Commission authorize the Administration to enter
into negotiations with Util Auditors, LLC, the sole ranked proposer, for Category 1, Credit Card
Processing; further, authorize the Administration to enter into negotiations with Public Risk Advisors,
the sole ranked proposer, for Category 2, Insurance Policies; and further, authorize the Administration
to enter into negotiations with ECS Business Services, the sole ranked proposer, for Category 5,
Elevator Services Agreements.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami
Beach, Florida hereby accept the recommendation of the of the City Manager, pursuant to Request for
Proposals (RFP) No. 2018-081-JC, for Cost Control And Recovery Audit Services; authorize the
Administration to enter into negotiations with Util Auditors, LLC, the sole ranked proposer,for Category
1, Credit Card Processing; further, authorize the Administration to enter into negotiations with Public
Risk Advisors, the sole ranked proposer, for Category 2, Insurance Policies; and further, authorizing the
Administration to enter into negotiations with ECS Business Services, the sole ranked proposer, for
Category 5, Elevator Services Agreements; and further, authorize the Mayor and City Clerk to execute
an agreement with each of the successful proposers, upon conclusion of negotiations by the
Administration.
PASSED AND ADOPTED this ab day of 3(47 2018.
ATTEST:
an Gelbe , ayor
ROA iff
afael E. Granado, City Clerk
APPROVED AS TO
FORM&LAN • 1t E
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414
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t.INCORP ORATED•`
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14+4111 CH 26
Resolutions - C7 E
MIAMI B
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager •
DATE: July 25, 2018
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2018-081-
JC, FOR COST CONTROL AND RECOVERY AUDIT SERVICES.; AUTHORIZING
THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH UTIL
AUDITORS, LLC, THE SOLE RANKED PROPOSER, FOR CATEGORY 1, CREDIT
CARD PROCESSING; FURTHER, AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH PUBLIC RISK ADVISORS, THE SOLE
RANKED PROPOSER, FOR CATEGORY 2, INSURANCE POLICIES; AND
FURTHER, AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH ECS BUSINESS SERVICES, THE SOLE RANKED
PROPOSER, FOR CATEGORY 5, ELEVATOR SERVICES AGREEMENTS; •
AUTHORIZING THE MAYOR.AND CITY CLERK. TO EXECUTE AN AGREEMENT
WITH EACH OF THE SUCCESSFUL PROPOSERS UPON CONCLUSION OF
NEGOTIATIONS BY THE ADMINISTRATION.______________
•
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
At its September 20, 2017 meeting, the Finance and Citywide Projects Committee (the
"Committee") discussed engaging a Cost Reduction Consultant to identify areas where the City could
recover overpayments or errors in payments in the following areas:
- Credit Card Processing Services,
- Insurance Policies,
- Security Services,
- Shipping Services, and
- Elevator Services.
•
The Committee directed the Administration to issue a solicitation for a cost reduction consultant for
the five (5) areas not covered by previous reviews. The Committee also approved that the consultant
should have a minimum of five (5) years' experience in performing similar work for public and/or
private sector clients. The scope of services includes, but is not limited to, examination of credit card
processing service fees, reviews of city invoices paid and reviews of contracts from vendors relating
to the above categories of expenditures. Additionally, the consultant shall determine if over-billings
have occurred and recover retroactive refunds from companies that have been overpaid. Finally,the
consultant shall determine Whether new contract terms beneficial to the City could be secured to
Page 311 of 1464
lower-the overall costs for the City, considering the net result of this review is to reduce monthly costs
paid for these services.
Fees paid to the awarding consultant would be based under a contingency-fees arrangement and the
City would incur no costs, since payment of fees would be based upon any savings and recoveries.
RFP Process '
On February 14, 2018, the City Commission approved the issuance of Request for Proposals (RFP)
No. 2018-081-JC, for cost control and recovery audit services. The RFP was issued on February 15,
2018. At that time, eight-hundred fifty-three (853) vendors were notified via Public Purchase of the
RFP. Subsequently, eighty-four (84) vendors accessed the RFP notice via Public. Purchase. A
voluntary pre-proposal conference was held on March 12, 2018, and was attended by four (4)
vendors. RFP responses were due and received on May 4,.2018..The City received a total of four(4)
proposals for three (3) of the five (5) business categories solicited. No proposals were received for
Security Services (Category 3)or Shipping Services (Category 4).The City received proposals from
the following firms:
• Util Auditors, LLC submitted the sole proposal for Category 1, Credit Card Processing
• Public Risk Advisors submitted the sole proposal for Category 2, Insurance Policies
• ECS Business Services submitted the sole proposal for Category 5, Elevator Services
Agreements
No responses were received for Category 3 - Security Services or Category 4 - Shipping Services.
The City received a proposal from AudiTec Solutions, Inc., which was deemed non-responsive for
failure to comply with the RFP submittal requirements. Additionally, the City received one (1)
Statement of No Bid from Strategic Audit Solutions.
On May 7, 2018, the Evaluation Committee was appointed_by the City Manager pursuant to LT_C#
256-2018, to consider the responsive proposal received. The Committee convened on May 23,2018
to consider the proposals received.. The Committee was comprised of the following individuals:
Andrew Bejel, Risk Analyst, Human Resources Department, City of Miami Beach; Elizabeth Miro,
Assistant Director, Property Management Division, City of Miami Beach; Georgette Daniels, Finance
Section Manager, Emergency Operations Department, City of Miami Beach; Susan Rosenthal, Vice
President for Business and Finance, Barry University;.Benjamin Nussbaum, Revenue Manager,
Finance Department, City of Miami Beach.
The Evaluation Committee was provided an overview of the project, information relative to the City's
Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided
with general information on the scope of services and a copy of each proposal. The Evaluation
Committee was instructed to score and rank each proposal pursuant to the evaluation criteria
established in the RFP. The evaluation process resulted in the ranking of proposers as indicated in
Attachment A. In summary, the Evaluation Committee found that each sole proposer wasqualified to
perform the required services in the Category for which each had submitted a proposals, as follows:
• Category 1, Credit Card Processing: Util Auditors, LLC
• Category 2, insurance Policies: Public Risk Advisors
• Category 5, Elevator Services Agreements: ECS Business Services
The following is a brief summary of the qualifications of the proposers based on the information each
Page 312 of 1464
provided in its proposal to the City.
ECS Business Services
ECS Business Services specializes in auditing-services for water, sewer, gas, electric, trash, and
telecom bills, and other monthly fixed costs/monthly client service contracts (i.e,, air conditioning and
elevator agreements), insurance, credit card and payroll processing. According to their proposal and
company website, ECS Business Services has been in business nineteen (19) years providing
clients with services directed at reducing business costs by recovering retroactive refunds where
those clients have been charged incorrect rates or tariffs. ECS. Business Services' clients include
hotels, hospitals, non-profit organizations and businesses of all sizes.
Some of the highlights of the proposal and oral presentation submitted by ECS Business Services,
as articulated by the Evaluation Committee, include:
• ECS Business Services'experience and knowledge is"top notch."
• Confident ECS Business Services will do a great job.
• Appreciate that ECS Business Services is a local firm.
• ECS Business Services seems to fully understand the scope of services.
• Glad to hear that ECS Business Services has an elevator expert on the consulting team.
Util Auditors. LLC
According to their proposal, Util Auditors, LLC is a consolidated solutions provider in cost reduction
and recovery.,.They have a successful track record of reducing monthly costs and obtaining
substantial refunds from providers of electricity, gas, waste removal, telecommunications, shipping,
merchant processing, water/sewer and even workers' compensation insurance nationwide. Util
Auditors, LLC represent small and large organizations Internationally ranging in size from single
location entities into the Forbes & Fortune top_20, as well as Global 100_firms._Util Auditors, LLC is
headquartered in Deerfield Beach, FL and has been in business there for the past five (5)-years.
Some of the highlights of the proposal and oral presentation submitted by Util Auditors, LLC, as
articulated by the Evaluation Committee,include:
• Util Auditors, LLC experience is impressive.
• Util Auditors, LLC provide a broad range of services.
• Appreciate that Util Auditors, LLC is a South Florida firm.
Public Risk Advisors
According to their proposal, Public Risk Advisors has been in business locally for six (6) years
providing audit services of insurance policies, health and accident losses, workers compensation
claims and property claims. They have extensive experience with local governments and privately
held companies, lowering the total cost of risks by tens of millions of dollars. Recent public sector
clients include, City of Miami, City of Hialeah, City of Doral, and Miami-Dade Public Schools.
Some of the highlights of the proposal and oral presentation submitted by Public Risk Advisors, as
articulated by the Evaluation Committee, include:
• Public Risk Advisors has an impressive list of local government clients.
• Public Risk Advisors has the industry knowledge to successfully complete the required
services.
• Public Risk Advisors has demonstrated capability of actually returning significant cost
Page 313 of 1464
recoveries to public sector clients.
CONCLUSION
After reviewing all the submissions and the results of the evaluation process, although the City
received a sole response to each category, I find that the proposals received are from well qualified
firms that have experience in similar cost recovery/control audits. While the RFP included
specifications of the work that would be required for each area, it is now important to negotiate
agreements with each firm that clearly articulates the parameters of each study or cost
recovery/control exercise, and how each proposer will be compensated.
Therefore, I recommend that the Mayor and City Commission approve the Resolution authorizing the
Administration to enter into negotiations with: Util Auditors, LLC, for Category 1, Credit Card
Processing; Public Risk Advisors for Category 2, Insurance Policies; and ECS Business Services for
Category 5, Elevator Services Agreements; further, authorizing the Mayor and City Clerk to execute
an agreement with the successful proposer for each respective proposal category upon conclusion of
negotiations by the Administration.
KEY INTENDED OUTCOMES SUPPORTED
Strengthen Internal Controls To Achieve More Accountability
FINANCIAL INFORMATION
No grant funding will be utilized for this project. The cost of the related services are subject to funds
availability approved through the.City's budgeting process..
Legislative Tracking
Finance/Procurement
ATTACHMENTS:
Description
o Attachment A .
o Resolution
Page 314 of 1464
RFP 2018-081.10
Cost Control and Andrew georgette t0`N
• ar 9 crr Eflzafsetf} � .Bepjamfh tr Sltsait � � .
Recovery:Au dit Servkes Beef t]atifels. Miro Y Nussbaum ftosenthaf Aggreqate
(Credit Cerd-Processingj e c c Totals
Util Auditors,LLC 95.00 1 90.00 1 90.00 1 91.00 1 100.00- 1 5 ' 1
•
001§10' ' o: tOljggk 1:ea xTS- yPIP;K3 ;
Proposer Revenue Proposed Maximum Points Total Points Awarded
Util
' Auditors,
LLC $130,000.00 35 35
•
•
Page 315 of 1464
•
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��W}7+^r- T1r.:.�oppl9pisy+�.Ai �i},IU- irr t C,i i C, 1 ti- . : 4 r: �,..I�C. '$ W 'r,.-. . • .S..
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"fie} .v. "x.q;'., . 1 S. .i fr �ti tiq'�St.90 0 .?.,,�, ,�: .1� . "..�`. ''(,�. �; .�.
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•
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ECS Business Services 85.00 1 95.00 1 90.00 1 93.00 1 100.00 1 5.
��,(,� n,, gyp +�,, ,�y�' �,
(1a 4 . _ _•.i�P i?F."r; "4 t'4PGSAi:.S Pay. M� kff�v •,�,T�'� •jr`>rev{El��.ay.7 th.+c rik;. �,'�i 4 b.�`P`n q IN,
Proposer Revenue Proposed - Maximum Points Total Points Awarded -
I
ECS Business
Services 5150,000.00 35 i
3s
•
•
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- I
Page 316 Of 1464
RFP 20184814c •
Cost Control andRecoveryAudit Andrew c Georgette c Elizabeth a Benjamin ep Susan • rn Lew ;
services Bele( ' 3 ' Daniels Se Miro 3 •Nussbaum Y• Rosenthal. A4gregate
= e , e. c Totals
. (insurance Poileies? m •.m.,.,
Public Risk Advisors 90.00 1 85.00 1 95.00 1 94.00 1 98.00 1 5 1
"���.� `'E?t�n �'`' e",4';�`xi •}!l Sir s +` - - .r ..f' .[�.tr,r 4� P` r c,e. r:
-_.g ..��;Ur lieEss° ill g i3I4c' QChdP9fitgt i i,ilga da�2 �v„?3f.•., ',s�a4�
Proposer Revenue'Proposed Maximum Points Total Points Awarded
Public Risk
Advisors $160,000.00 35 35
Page 317.of1464
ATTACHMENT B
REQUEST FOR PORPOSAL (RFP)
AND ADDENDUMS
MIAMIBEACH
City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139,www.miamibeachfl.qov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490.
ADDENDUM NO. 4
RFP 2018-081-JC
COST CONTROL AND RECOVERY AUDIT SERVICES
April 20, 2018
•
This Addendum to the above-referenced RFP is issued in response to questions from
prospective proposers, or other clarifications.and revisions issued by the City. The RFP is
amended in the following particulars only (deletions are shown by strikethrough and additions
are underlined).
I. MODIFICATIONS:
1. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is
extended until 3:00 PM, on Friday, May 4, 2018, at the following location;
City of Miami Beach, Procurement Department, 1755 Meridian Ave, 3'
Floor, Miami Beach, FL 33139.
II. ANSWERS TO QUESTIONS RECEIVED. •
Q1: Clarification as to the annual spend in the 5 categories, and what years will
be subject to the audit?
Al: To be determined with the selected consultant. May vary by area.
Q2: What is the number of transactions for each of the 5 areas?
A2: Unknown at this time.
Q3: What is the estimated cost recovery or savings in dollars for each of the 5
areas?
A3: To be determined with the selected consultant.
Q4: What if the vendor provides a credit, will that still count as a percentage of
our fee recovery?
A4: Only actual reimbursement to the City can be considered.
Q5: Is the Fee recovery on what is identified, or what is actually reimbursed
back to the City.of Miami?
A5: Actual reimbursement to the City.
Q6: How will the total dollar "savings be calculated" e.g. errors, duplications,
credits and/or actual cash fee paid back to the City of Miami?
1 ADDENDUM NO.4
RFP 2018-081-JC
A6: Actual reimbursement to the City.
Q7: Will the contingent fees be paid on a quarterly basis or what is the expected
payment schedule?
A7: There will be no contingent fees authorized. Payment to the consultant
will be within 30 days of actual reimbursement to the City.•
Q8: Can Telecom/Data expenses, Linen Services expenses Cost Control and
Audit Services be submitted individually as "Value Added Services" under
the 3.2 request for Value Added Services?
A8: Yes.
Q9: Is there a possibility of having an amendment to the RFP to include
Telecom and Data Expense Audit and Recovery and Linen Services Audit
and Recovery?
A9: No.
Q10: Clarification as to the# of"distinct" bidding proposals for each category?
A10: Proposers interested in submitting proposals for more than one area
of service shall submit separate, individual proposals for each
respective service area.
•
Q11: Clarification as to the requirement of a no bid form in the event the proposer
decides not to bid on any category?
All: Proposers shall indicate in the proposal cover letter the expenditure
area(s) for which a proposal is being submitted. Statement of"no bid"
-_ --- - — --- — is to be utilized when a firm Will not-be submitting a bid for the project.
Q12: Clarification as to the public sector requirement (page 28) and similar size
and nature (page 20) requirement which conflict w/the requirement on page
13?
Al2: The minimum eligibility requirement (page 28) and qualifications
requested in Tab 2 (page 13) allow the proposer to submit supporting
information pertaining to either public or corporate clients.
Q13: Clarification as to page 14, Tab 3 on "how proposer will achieve each
portion of the scope of the services" Certainly CMB does not wish to
become proficient in the auditing business?
A13: Do not understand the question. ;I
Q14: Clarification as to the practical difference between the Revenue Share for
Cost Savings and Revenue Share for Cost Savings/Avoidance/Efficiencies
found in the Revenue Proposal Form, Appendix D for each of the , 5
categories?
A14: Revenue share for cost savings (Cost Proposal Form, Item 1), refers to
monies actually recovered as a result of identifying overbillings and
overpayments. Revenue share for cost savings/avoidance/efficiencies
2 ADDENDUM NO.4
RFP 2018-081-JC
(Cost Proposal Form, Item 2), refers to future monies actually saved
and/or avoided as a result of recommendations.
Q15: For support of the "experience" is it adequate to show that we have audited
successfully in the past not specifically in the 5 areas noted in the RFP?
A15: The City requires that proposers demonstrate experience providing
similar scope of services to public or private sector agencies, for the
given service area(s) for which a proposal is submitted.
Q16: Who is responsible to recover the fees once identified? We are assuming
the RFP is only requesting that we identify errors, duplications?
A16: The awarded firm(s) is responsible to recover retroactive refunds from
companies where overpayment has occurred. Please see C2
Statement of Work on page 28 of the ITN, and Q5 herein.
Q17: The RFP references "four" areas in some places (e.g., pg. 3) and "five
distinct areas" elsewhere. which is correct? I assume the reference to five is
correct?
A17: Five is the correct number of groups, identified as follows: 1)Credit
Card Processing, 2)Insurance Policies, 3)Security Services,
4)Shipping, and 5)Elevator Service Agreements. II
III. ADDITIONS. The following scope of services requirements have been added
to the RFP under Group 2, Insurance Policies, as underlined below:
--- - -- ---- ----G-roup 2. InsurancePolicies --
— =
A. Perform Total Cost of Risk ("TCOR") Analysis for City of Miami Beach
property and liability exposures:
• Review City source documents including budget, claims summaries,
insurance retentions, vendor contracts and actuarial reportsto develop
quantitative measure of TCOR.
• Study historical TCOR over 3 to 5 year period.
• Study to include risk financing (insurance premiums, commissions), claim
costs (deductibles, self-insured claims, TPA costs), and Administration
(internal and external costs to administer the program).
• Prepare and provide TCOR document to the City.
Review property and casualty insurance program
• Insurance coverage analysis including adequacy of coverage levels,
identification of coverage deficiencies, and recommend coverage
enhancements. Consultant will focus on dependent risks such as loss of
business income sources (taxes and other revenue funds).
3 ADDENDUM NO.4
RFP 2018-081-JC
i
• Work with staff to implement short-term program management
enhancements if needed.
• Evaluate property and casualty insurance procurement methodology:
• Review current purchasing methodology of insurance and existing vendor
agreements.
• Meet with Procurement and Risk to discuss processes and unique nature of
purchasing insurance.
• Provide City with written recommendationson purchasing strategies for
insurance that increase the City'spurchasing power and result in lower costs
to the City.
• • Generate specifications to enable City to maximize purchasing power.
Documents to be provided by the City:
• Budget documents
• Insurance Policies
• Applications
• • Loss Runs
• Actuarial Studies
• Vendor agreements
•
Additional questions received will be answered in a forthcoming addendum. Any questions
regarding this Addendum should be submitted in writing to the Procurement Department to the
attention of the individual named below, with a copy to the City Clerk's Office at
RafaelGranadoamiamibeachfl.gov.
Procurement Contact: Telephone: Email:
Jason Crouch 305-673-7000, ext. 6694 JasonCrouch@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP
submission.
Sin•- -ly,
.. I
Ale Den' !
Procurement Director
4 ADDENDUM NO.4
RFP 2018-081-JC
MIAMI BEACH
City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490.
ADDENDUM NO. 3 -
C RFP 2018-081-JC
COST CONTROL AND RECOVERY AUDIT SERVICES
April 5, 2018
This Addendum to the above-referenced RFP is issued in response to questions from
prospective proposers, or other clarifications and revisions issued by the City. The RFP is
amended in the following particulars only (deletions are shown by strikethrough and additions
are underlined).
1. MODIFICATIONS.
RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended
until 3:00 PM, on Thursday, April 26, 2018, at the following location: City of Miami
Beach, Procurement Department, 1755 Meridian Ave, 3` Floor, Miami Beach, FL
33139.
Additional questions received will be answered in a forthcoming addendum. Any questions
regarding this Addendum should be submitted in writing to the Procurement Department to the
' - attention of the individual named below, with a copy to the City Clerk's Office at
RafaelGranado(a�miamibeachfl.gov.
Procurement Contact: Telephone: Email:
Jason Crouch 305-673-7000, ext. 6694, JasonCrouch@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP
submission.
Sincerely,
•
74,/al.---2--.
Alex Denis .
Procurement Director
1 ADDENDUM NO.3
RFP 2018-081-JC.
MIAMIBEACH
City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490.
ADDENDUM NO. 2
RFP 2018-081-JC
COST CONTROL AND RECOVERY AUDIT SERVICES -
March 21, 2018
This Addendum to the above-referenced RFP is issued in response to questions from
prospective proposers, or other clarifications and revisions issued .by the City. The RFP is
amended in the following particulars only (deletions are shown by strikethrough and additions
are underlined).
I. MODIFICATIONS:
.
1. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended
until 3:00 PM, on Thursday, April 12, 2018, at the following location: City of Miami
Beach, Procurement Department, 1755 Meridian Ave, 3rd Floor, Miami Beach, FL
33139.
Additional questions-received will be answered in a forthcoming addendum(. Any questions
regarding this Addendum should 'be submitted in writing to-the Procurement Department to the
attention of the individual named below, with a copy to the City Clerk's Office at
RafaelGranadoa,miamibeachfl.gov. '
Procurement Contact: Telephone: Email:
Jason Crouch 305-673-7000, ext. 6694 JasonCrouch@miamibeachfl.gov
P posers are reminded to acknowledge receipt of this addendum as part of your RFP
s b issio .
Sinr ely, &
Alex Denis
Procurement Director
1 I ADDENDUM NO.2
RFP 2018-081-JC
c
. M1AMIBEACH
City of Miami Beach, 1755 Meridian Avenue, 3`' Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov
PROCUREMENT DEPARTMENT
Tel: 305-673-7490.
ADDENDUM NO.-1 --
RFP 2018-081-JC
COST CONTROL AND RECOVERY AUDIT SERVICES
March 1, 2018
This Addendum to the .above-referenced RFP is issued in response to
p questions from
prospective proposers, or other clarifications and revisions issued- by the City. The RFP is
amended in the following particulars only (deletions are shown by strikethrough and additions
are underlined).
I. MODIFICATIONS:
1. PRE-PROPOSAL MEETING DATE AND TIME. The pre-proposal meeting has
been rescheduled for 10:00 AM, on Monday, March 12, 2018, at the following
location: City of Miami Beach, Procurement Department, 1755 Meridian Ave, 3rd
Floor, Miami Beach, FL 33139.
Additional questions received will be answered in a forthcoming addendum. Any questions
regarding this Addendum should be submitted in writing to the Procurement Department to the
attention of the individual named below, with a copy to the City Clerk's Office at 1
RafaelGranado a(�miamibeachfl.gov.
Procurement Contact: Telephone: Email: •
Jason Crouch , 305-673-7000, ext. 6694 JasonCrouch@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as
p g p part of your RFP
submission.
Si e ••ly,
1111F/22AA A1P-- .
lex De s
rocur-r ent Director
1 ADDENDUM NO. 1
RFP 2018-081-JC
REQUEST FOR PROPOSALSRFP
f l
COST CONTROL AND RECOVERY AUDIT SERVICES
2018-081-JC
RFP ISSUANCE DATE: FEBRUARY 15, 2018
PROPOSALS DUE: MARCH 29, 2018 AT 3:00 PM
ISSUED BY:
MIAMIBEACH
Jason Crouch, Procurement Contracting Officer
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139
305.673.7000 x 6694 I JasonCrouch@miamibeachfl.gov I www.miamibeachfl.gov
MIAM BEACH'
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NOT UTILIZED N/A
0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS 3
0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 12
0400 PROPOSAL EVALUATION 15
APPENDICES: PAGE
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 17
APPENDIX B "NO PROPOSAL" FORM 24
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS • 26
APPENDIX D, REVENUE PROPOSAL FORM 33
APPENDIX E INSURANCE REQUIREMENTS 39
2018-081-JC 2
MIAMI BEACH
SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the"contractor[s]") if this RFP results in an award.
The City utilizes PublicPurchase (www.oublicourchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. PURPOSE.
The City periodically requests reviews of areas of expenditure to assure that invoiced costs are consistent with
contract rates, and to recover any overcharges that may have occurred. Through this RFP, the City is requesting
proposals from qualified firms experienced in cost control and recovery audit services to perform a review of the
following areas of expenditure:
• Credit Card Processing;
• Insurance Policies;
• Security Services;
• Shipping (e.g., Fedex, UPS);
• Elevator Service Agreements.
The specifics of the work in the areas noted above is further defined in Appendix C.Additionally, the City is also
interested in recommendations for reducing future costs in any of the areas noted above.
The City expects to incur no expenses as a result of this RFP. It is the City's intent that the fees paid to the selected
consultant(s)will be based on a percentage of the recovered costs.
FOOS a 3.INER ` E WAISM I .. 4PQGA '.l:OR.M4L E. IF !ONE. QP'SERVICE S
SUM .,I DWIDUAL PROPELS FOR EACH:OF" E FOUR REAS t TE TEES Q FRR5 1 P IF'A
PRO PE QE,PROPOSER WlS IES TO BEU .fSIDERE})FO 1}jNSURANCEPOS UCIES�Nti 2 LEVATOR
SE';rCE�'GREBE. , - S r:Staff 0 DIS C~T.P'RQPOS LS' ')NE,FQa316b-WdE POLIO E'd
fit 1/A'SEPARAIE-ONBFOREMATOR SER. CE .GREEMENTS. 4.
SW,.61 1 PQS £S FQ,RVETI A E i4.1NIWCI 'BE,C NSIDg _.
2018-081-JC 3
MIAMI BEACH,
3.ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows:
RFP Issued February 15, 2018
Pre-Proposal Meeting March 7, 2018 at 10:00 AM
Deadline for Receipt of Questions March 19, 2018 at 5:00 PM
Responses Due March 29, 2018 at 3:00 PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing TBD
Negotiations
4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact: Telephone: Email:
Jason Crouch 305.673.7000 x 6694 JasonCrouch• miamibeachfl.cov
dditionally„the City Clerk is to be-coiled orF all communications via a-mail at: RafaelGranado • miamteachfl.•ov; .
or via facsimile:786-394-4188.
The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must
be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3.
All responses to questions/clarifications will be sent to all'prospective Proposers in the form of an addendum.
5. PRE-PROPOSAL MEETING OR SITE VISIT(S).Only if deemed necessary by the City, a pre-proposal meeting or
site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following
address:
City of Miami Beach
Procurement Department
Conference Room
1755 Meridian Avenue, 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: 9415468
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFP expressing their intent to participate via telephone.
2018-081-J C 4
MIAMI BEACH;
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions. Only questions answered by written
addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through
PublicPurchase. Any prospective proposer who has received this RFP by any means other than through
PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this
RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received
no later than the date outlined in the Anticipated RFP Timetable section.
7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the
City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be
subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of
such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement
Contact named herein with a copy to the City Clerk at rafaelaranado(a,miamibeachfl.cov
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.cov/brocurement/scroll.asox?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&SERVICES CITY CODE SECTION 2-449
9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO
for a period of 36 months from the date of being placed on the convicted vendor list.
10. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This RFP is subject to, and all Proposers are expected to
be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City
lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including,
without limitation, disqualification of their responses, in the event of such non-compliance.
78'f8-O f 7= 5
MIAMI BEACH
11. DEBARMENT ORDINANCE: This RFP is subject to, and all proposers are expected to be or become familiar
with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code.
12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject to, and all Proposers are
expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487
through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of
the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including disqualification of their responses, in the event of such non-compliance.
13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of
Business Ethics("Code") and submit that Code to the Procurement Division with its response or within five
(5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of
the City of Miami Beach and Miami Dade County.
14. AMERICAN WITH DISABILITIES ACT (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 RFP, the highest proposal amount).
Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a
small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise
constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are
responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the
service-disabled veteran business enterprise.
Zr 6
1 MIAMI BEACH
19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s)
s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's
recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami
Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract..
(2)Whether the Proposer can perform the contract within the time specified,without delay or
interference.
(3) The character, integrity, reputation,judgment, experience and efficiency of the Proposer.
(4)The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals.
20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the
selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the
selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and
acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until
'and unless an Agreement has been agreed to; approved by the City; and executed by the parties.
21. 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 RFP; postpone or cancel, at any
time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP.
Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred
twenty(120) calendar days after proposal opening date.A proposer may withdraw its proposal after expiration of one
hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to
the Procurement Department prior to award of the contract by the City Commission.
22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
obligation to comply with every detail and with all provisions and requirements of the contract, and will not be
accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the
Proposer.
23. COSTS INCURRED BY PROPOSERS.All expenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City.
24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
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MIAMI BEACH
24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic
substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must
be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer.
25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations
and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the
right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the
City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and
dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the
Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation
or violation which proposer may receive after the proposal opening date and during the time of performance of any
contract awarded to it. -
26.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes.
27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be
consistent with Purchase Order format.
29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach,
Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and
expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured
or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer
uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed,
without exception, that the proposal prices shall include all royalties or cost arising from the use of such design,
device, or materials in any way involved in the work.
•
30. DEFAULT: Failure or refusal,of the selected Proposer to execute a contract following approval of such contract
by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result
in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list.
31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
7618-O8T-JC 8
MIAMI BEACH
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance
with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit
discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, marital and familial status, and age or disability.
34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial,
technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an
award that is in the best interest of the City, including:
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier,which is the actual source of supply. In these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City.
35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
37. OPTIONAL CONTRACT USAGE. When the successful Proposer(s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
2018-081-JC 9
MIAMI BEACH
38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents
and instrumentalities from any and all liability, losses 'or damages, including attorney's fees and costs of defense,
which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of
the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The
contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay
all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and
agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no
way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees,
agents and instrumentalities as herein, provided. The above indemnification provisions shall survive the expiration or
termination of this Agreement.
•
41. CONTRACT EXTENSION. The City reserves the.right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract anddestroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
• must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
2018-081-JU 10
MIAMI BEACH
43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State,
County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals
having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated
by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the
EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the
Proposer will in no way relieve it from responsibility for compliance.
44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director,
agent, or immediate family member(spouse, parent, sibling, and child)who is also an employee of the City of Miami
Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly,
an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates.
45. MODIFICATION/WITHDRAWALS OF PROPOSALS.A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
46. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the
terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall
be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion,
may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives
are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the
RFP to which Proposer took exception to(as said term and/or condition was originally set forth on the RFP).
47.ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence,him in the discharge of his official duties.
48. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers
at any time during the RFP solicitation process, unless otherwise noted herein.
49. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or
facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and
Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than
$50,000), may require additional items to be added to the Contract which are required to complete the work. When
additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being
requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these
quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract
vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a
Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary
to add additional items through a formal amendment to the Contract, to be approved by the City Manager.
2018-081-JC I 11
MIAMI BEACH
The City may determine to obtain price quotes for the additional items from other vendors in the event that
fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the
City's discretion.
Balance of Page Intentionally Left Blank
2O C 12
MIAMI BEACH
SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an
opaque, sealed envelope or container on or before the due date established for the receipt of proposals.
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted.
The following information should be clearly marked on the face of the envelope or container in which the
proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address.
Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the
receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be
considered late and,not be accepted or will be returned to Proposer unopened. The City does not
accept responsibility for any delays, natural or otherwise.
3. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the
'Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and
tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed
as enumerated below and contain a table of contents with page references. Electronic copies should also
be tabbed and contain a table of contents with page references. Proposals that do not include the required.
information will be deemed non-res•onsive and will not be considered.
SM4' .. 8 IN,_SN'BMk`TE IG P 10P 3S '.MORE .;ON. . :.'0 ..
RVI ! ` S IBIkT INEfMtlil. . E'E OP0SP _',OR EACii OF Eh EMIR RR1 AS`rNO'liEi
OM, '. M'L IP; P.'a PE T VE.P'°POSER W SUES T BE-CO SIDERER EOR i
\c_1:21,11.6 Ar,;,A 8 Cf Si' > 21E `ATOR `SEE 1C AG ' :S T: T 'SUBMIT s'
I) - R a PO _A QNEF®"Mb'A'NCEPOf IES'AMA.SEP IE ONE FOR ELE to
SE'•; ;G1 ASF !.. _ ," : its � t�' ms id P
0.77144A GLEE!.OPO .FOE MULT;. • IAREIN.SWILLNO.B SIIOEREL ,
TAB I -- . Cover Letter& Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate for which service area (Credit Card
Processing, Insurance Policies, Security Services, Shipping or Elevator Service Agreements) the proposal is
submitted and the Proposer's and Proposer's Primary Contact for the purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix,A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the
minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications.
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 or private sector agencies. Submit at least
three (3) projects within the last five (5) years where the Proposer has performed services similar to the scope
of this RFP for a public sector agency and provide details and outcomes of the services provided.
2.1.1. For each project that the Proposer submits as evidence of similar experience, the following is
required: project description, agency name, state whether private or public, agency contact, contact
telephone&email, and year(s)and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be
2018-081-JC 13
MIAMI BEACH
used for this project if awarded, the role that each team member will play in providing the services detailed
herein and each team members' qualifications. A resume of each individual, including education, experience,
and any other pertinent information, shall be included for each Proposal team member to be assigned to this
contract.
2.3 Financial Capacity. Upon request by the City, Proposer shall arrange for Dun & Bradstreet to submit a
Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No, proposal will be
considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation
of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webappfwcs/stores/servlet/SupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. It is highly
recommended that each Proposer review the information contained in its SQR for accuracy prior to
submittal to the City and as early as possible in the solicitation process. For assistance with any portion
of the SQR submittal process, contact Dun &Bradstreet at 800-424-2495.
TAB 3 Scope of Services Proposed
For the area of service selected (Credit Card Processing, Insurance Policies, Security Services, Shipping,
or Elevator Service Agreements), provide the following information:
3.1. Cost Recovery. Submit detailed information addressing how Proposer will achieve each portion of the
scope of services outlined in Appendix C, Minimum Requirements and Specifications, for Cost Recovery
(Bill Audit).
3.2. Cost Reductions. Submit detailed information addressing how Proposer will achieve each portion of the
scope of services outlined in Appendix C, Minimum Requirements and Specifications, for future Cost
Reductions.
3.2 Value Added Services. Submit detailed information addressing any value added services that the
Proposer is proposing relating to the objectives of the RFP.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will
allow the Evaluation Committee to complete a fully review and score the proposed scope of services.
TAB 4 Revenue Proposal
Submit a completed Revenue Proposal Form (Appendix D).
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2018-081-JC 14
MIAMI BEACH'
4. REQUIRED INFORMATION. After proposal submittal, the City reserves the right to request any
documentation omitted,with exception of the following:
4.1. Proposal Certification, Questionnaire& Requirements Affidavit;
4.2. Revenue/Cost Proposal.Form (Appendix D); and
4.3. Bid Bond if applicable).
Proposals that fail to include completed and executed 1)Proposal Certification, Questionnaire&
Requirements Affidavit,2)Revenue/Cost Proposal Form(Appendix D},and 3)Bid Bond(if
applicable),shall be deemed non-responsive and shall not be considered.
Additionally, the City reserves the right to require additional information from Proposers (or Proposer team
members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history,
regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal
years).
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2018-081-JC 15
SECTION 0400 PROPOSAL EVALUATION
1. Evaluation Committee.An Evaluation Committee, appointed by the City Manager, shall meet to evaluate
each Proposal in accordance with the requirements set forth in the solicitation. If further'information is
desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process
as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the
proposals only. The Evaluation Committee does not make an award recommendation to the City Manager.
The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results
to make a recommendation to the City Commission. In the event that 'only one responsive proposal is
received, the City Manager, after determination that the sole responsive proposal materially meets the
requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that
the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to
assist the evaluation committee in the evaluation of proposals.
2.Step 1 Evaluation.The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to
the Evaluation Committee results by the Procurement Department. An Evaluation Committee, appointed by
the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria
established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and
score all proposals received, with or without conducting interview sessions.
Step I-Qualitative Criteria Maximum Points
• Proposer Experience and Qualifications 30
Scope of Services Proposed 15
Approach and Methodology 20
TOTAL AVAILABLESTEPI POINTS 65
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may
receive additional quantitative criteria points to be added by the Procurement Department to those points
earned in Step 1, as follows.
Step 2-Quantitative Criteria - . , ' Maximum Points •
Revenue Proposal 35
Veterans Preference 5
• TOTAL AVAILABLE STEP 2 POINTS 40
2018-081-JC 16
4. Revenue Proposal Evaluation. The revenue proposal points shall be developed in accordance with the
following formula:
Sample Objective Formula for Revenue Points
Example Maximum Formula for Calculating Points Total Points
Vendor Allowable Points (cost of proposal being evaluated! Awarded
Vendor Revenue (Points noted are for illustrative highest revenue proposal X (Rounded to
Proposal purposes only.Actual points are maximum allowable points= nearest whole
noted above.) awarded points) number)
Vendor A $200 20 $2001$200 X 20=20 20
Vendor B $150 20 $1501$200 X20=15 15
Vendor C $100 20 $100!$200 X 20=10 10
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2
Points will be added to each evaluation committee member's scores by the Procurement Department. Step
1 and 2 scores will be converted to rankings in accordance with the example below:
Proposer A Proposer B Proposer C
' Ste. 1 Points 82 76 80
Committee. _1' Ste.2 Points 22 15 12
r Ail-ern-6e r 1 . , Total 104 91 92
Rank .. ,.: • • 1: 3 ,.: ,, .2
• Ste. 1 Points 79 85 . 72
Committee Ste.2 Points 22 15 12
-Member 2•'F 4: Total 101 100 84
•
• Ste. 1 Points 80 74 66
• Commitee."• Ste. 2 Points 22 15 12
Member 2 Total 102 89 78
Cow Aggregate Score 3 7 8
Final Ranking' 1i 2 3
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute an
award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final ranking
results.
2018-O81-JC 17
APPENDIX A
A t\A I AC Hi
Proposal Certification ,
Questionnaire &
ReqUirements Affidavit
RFP 2018-081 -JC
COST CONTROL AND RECOVERY
AUDIT SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
2018-OSI-JC 18
Solicitation No: Solicitation Title:
2018-081-JC Cost Control and Recovery Audit Services
Procurement Contact: Tel: Email:
Jason Crouch 305,673.7000 x 6694 JasonCrouch@miamibeachfl.gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer Information.
FIRM NAME:
No of Years in Business: No of Years in Business Locally:
OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS(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.
19
2018-081-JC
1. Veteran Owned Business. Is Pro oser claiming a veteran owned business status?
YES NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government,as required pursuant to ordinance 2011-3748.
2. Conflict Of Interest.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
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- erformance by an ublic sector agency?
YES NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action,(s).
5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions,
as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not ,
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate 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 Procurement Department with its
proposal/response or within five(5)days upon receipt of request.The Code shall, at a minimum, require the Proposer,to comply
with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics
provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit 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 httn://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/
1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with
benefits. .. . - - -• , - -- - - - .. - - -• --
20
2018-081-JC
benefits.
benefits.
available at htto:l.'svm.miarribcachfl.aoy!cit'i hallloracuremer.Vorocurerncnt rola}ed ordinance and arxedures!
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 http://www.miamibeachfl.gov/city-hall/orocurement/orocurement-related-ordinance-and-
procedures/
•
21
2018-081-JC
9. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes,as currently enacted or as amended from time to time,states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit
proposals, proposals, orr 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 tite representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate
termination for cause of the agreement,in addition to any damages that may be available at law and in equity.
13. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addenda may result in proposal disqualification.
Inifial to Confirm Initial to Confirm Initial to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum-13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required,submit under separate cover.
22
2018-081-JC
DISCLOSURE AND DISCLAIMER SECTION
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award,shall be without any liability or obligation on the part of the City.
In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and
. may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion,the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including.
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors,shareholders,partners and employees,as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations,-interpretations,and analyses.The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy,or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval.
The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be
made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance
only,and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the-parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no
reason,without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses.At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation.By submission of a Proposal,the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information,and belief.
Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
23
2018-081-JC
PROPOSER CERTIFICATION
I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and
the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions
contained in the solicitation, and any released Addenda and understand that the following are requirements of this
solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,
or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal;
• proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida
Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the
Statement of Qualifications Certification,Questionnaire and Requirements Affidavit are true and accurate.
Name of 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: . .
•
•
24
2018-081-JC
APPENDIX B
m A i\vAt B E
" 4
" No Bid " Form
.,I
RFP 2018-081 -JC
COST CONTROL AND RECOVERY
AUDIT SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
NifWe7f,Tifis7:101porraTiffijfitiose e i who haeme re7dewd-fiti dation dfl
ini s e� c iEort b€� fitake dedie ee ncxfto respancf;is ccorr-riti~fe sincFs3oriit
the dit he4-"StOferri' Fc Ko Bid"d ie "5fc teener t:® - ®BE " prov ides..
iheIC 11:Wlift s ic�rnidh �r an _have°_ rmpro e_f11e":.sal10ifeiiion processi
1Fai tJ e tc stubrrT a "Stalercterir f NoBEd"_may IeSUJlt lit no .d ri 11®if e0
4OffiltUre solEcii iEpnsby the:
2018-081-Jt; 25
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
Workload does not allow us to proposal
Insufficient time to respond
Specifications unclear or too restrictive
Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this product/service
_OTHER. (Please specify)
We do_do not_want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
PROCUREMENT DEPARTMENT
ATTN: Jason Crouch
RFP#2018-081-JC
1755 MERIDIAN AVENUE, 3rd FLOOR
MIAMI BEACH, FL 33139
2018-081-JC 26
APPENDIX C
AA I AM I
I
Minimum Requirements
& Specifications
RFP 2018-081 -JC
COST CONTROL AND RECOVERY
AUDIT SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
2018-081-JC 27
Cl. Minimum Requirements. The Minimum Eligibility Requirementsfor this solicitation are listed
below. Proposer shall submit detailed verifiable information affirmatively documenting compliance
with each minimum requirement. Proposers that fail to comply with minimum requirements will be
deemed non-responsive and will not be considered.
1. Proposer must have been in business for at least five (5) years providing services similar
to the service area (Credit Card Processing, Insurance Policies, Security Services,
Shipping, or Elevator Service Agreements) for which proposal has been submitted for
public or corporate clients.
SUBMITTAL REQUIREMENT. Submit information on one or more clients that documents
the above requirement. For each client submitted, provide the following information: client
name; client contact, telephone & email; description of services provided and term of
engagement.
C2. Statement of Work Required.
The City is seeking proposals from qualified cost control and recovery audit firms to engage in a
comprehensive review and analysis of five (5) distinct business categories, as follows: Group 1:
Credit Card Processing; Group 2: Insurance Policies; Group 3: Security Services;.Group 4:
Shipping Services (e.g., Fedex, UPS); Group 5: Elevator Services.
The scope of services shall include review of City invoices paid and inspection of contracts for the
above categories of expenditures, in order to determine if over-billings have occurred, and
subsequently recover retroactive refunds from companies where overpaid. The City expects this
projectto reduce monthly costs paid for services within the respective categories. The selected
firm(s) shall also identify areas of services that are redundant or no longer needed, and make
recommendations,to rationalize the services therein. Additionally, the analysis shall determine
whether hew contract terms beneficial to the City could be secured to lower the City's associated
costs. The proposer shall have no financial relationship with any recommended service providers.
Fees paid to the selected firm(s) shall be based on a percentage of the recovered costs identified
in Appendix D, Revenue Proposal Form. The City expects to incur no expenses as a result of this
RFP. Proposers may, but are not required to, submit a proposal for each identified group; however,
a separate proposal is required for each group submitted for consideration.
Group 1. Credit Card Processing
The City is requesting proposals from qualified firms to perform cost control and recovery audit
services of the City's credit card processing services. The City uses several credit card processors
to process payments made to the City by credit card. Processing fees are paid to the credit card
processor by transaction and determined by credit card type and credit card issuer. Fees are
charged net of revenue credit received by the City, or taken out the City's bank account via ACH.
The foregoing is also applicable to debit cards.
The majority of service is provided by FirstData; however, several other providers are used, on an
as-needed basis, depending on limitations of the operations-specific program software required to
2018-081-JC 28
interface with FirstData, our preferred provider. Current annual expenditures are approximately
$2.5-$3 million.
The selected firm(s)will audit, at a minimum, fees charged by the credit card processors.
Group 2. Insurance Policies
The City is requesting proposals from qualified firms to perform cost control and recovery audit
services of medical plan and workers'compensation programs, as described below:
A. Medical Administrative Services Only(ASO):
The City provides a comprehensive benefits package to employees, retirees and their
families. We are self-insured for medical benefits and pharmacy,benefits which are
administered by Cigna Healthcare. There were three medical plans and a pharmacy plan
offered during the 2017 plan year (Open Access Plus — In Network, PPO standard and
PPO premium). Additionally, the City purchases stop loss coverage through Symetra.
Large claims are coordinated with Cigna and Symetra. The audit shall be conducted for
plan year October 1, 2016 thru September 30, 2017. During that plan year there were
1615 plan members and 680 dependents.
The intended purpose of the medical audit is to ensure that the City pays only covered services
that are appropriate, justified and in accordance with the plan documents and procedures. The
audit services shall review the Cigna ASO agreement, pharmacy agreement, performance
guarantee agreement, stop loss policy and benefit plan summary documents for comparison to
actual application of benefits. The audit sample should include random and targeted claims for the
following operations:
1. Correct application of deductibles, copayments, coinsurance, out-of-pocket maximums,
fee schedules, and coverage.
2. Members are receiving accurate information in a timely manner.
3. Providing accurate statistical reports to the City.
4.Assure correct process is followed for determining network discounts and allowances for
out-of-state providers.
5. Determine that the correct network is utilized for out-of-state providers.
6. Determine timeliness of claims payment and other provider satisfaction issues.
7. Assure that Cigna has correctly interpreted the City's eligibility records and loaded those
onto the claim processing system accordingly, i.e. confirm eligibility, primary vs. secondary
coverage, etc.
8. Review of records, policies and procedures, staffing as compared to industry best
practices and/or benchmarks.
9. Determination of whether controls and procedures are adequate.
10. Opportunities to automate procedures.
11. Suggestions on how to enhance productivity.
12. Recommended changes to improve operations and administration to achieve savings
and improve efficiency and effectiveness.
13. Recommendations regarding redundant, inefficient, or burdensome activities.
, 2018-081-JC 29
14. Any other matters identified by the Contractor that may strengthen the financial
integrity of the Plan or Plan benefits.
B. Workers' Compensation Third Party Administrator(TPA):
The City workers' compensation program is administered by Corvel who provides daily
management and administration of necessary medical' benefits, expenses and other
services usual and customary workers' compensation claims, in compliance with Chapter
440, Florida Statute. There are approximately 2,000 full-time employees working for the
City of Miami Beach, including police and fire. As of September 30, 2017, the claim count
for all claims during the 2017 fiscal year is 278 (open and closed).
The audit services shall review the Corvel agreement, Service Instructions and State procedures to
report on contractual obligations and performance standards, as following:
• Indemnity payments
• Case Management/Telephonic Fees
• Bill Review Fees
• Reserve calculation worksheets on lost time files in excess of$10,000 in incurred value
• Three-point contact(employee, employer, physician) on medical only and indemnity claims
initiated within 24-hours and completed within 48 hours
• Medical bills paid within forty-five(45) days of receipt
• State claim forms filed timely and accurately
• Other items that may be valuable to this audit
Performance Guarantees
1. Provide any Performance Guarantee your firm offers, including performance metric(s), -
service level(s) and fees at risk.
2. What is the expected Return on Investment(ROI) for City of Miami Beach's medical audit?
Workers' Compensation audit?
3. Explain how the City's ROI will be calculated.
4. Provide sample ROls for similar groups that your company has worked with in the past.
Data Exchange/Reporting
1. Describe the process used to collect data for the audit medical and workers' compensation
audit services. Are there any required formats?
2. Can you present the results of the audit during an in-person visit with the City? If so, is
there an additional cost for this service?
HIPPA
Proposal shall affirm that the Proposer agrees to the following:
Vendor Response
a. If you were provided any individually identifiable health 0 Yes
2018-081-JC 30
,
information (IIHI) by the City in order to price this bid, you 0 No
are prohibited from using the IIHI for any purpose other
than as required by law and further, agree to promptly
destroy such IIHI if you are NOT the successful
Proposer? ,
b. If you receive IIHI from the City or the City's business Q Yes
partners in order to perform other activities relating to the 0 No
audit of a contract of health insurance or health benefits,
that you will protect such IIHI as required by HIPPA
Privacy regulations?
1. Are you aware of any complaints that have been filed against your organization regarding
HIPPA EDI or Privacy?
2. Indicate the name and title of your firm's Privacy Officer.
3. If the City wants to transmit or receive electronic protected health information (ePHI) with
your organization,what protocol or methods will be required?
4. You are willing to sign a contract with the City that indicates your firm will pay fines the City
may be assessed as a result of your firm's noncompliance with HIPPA EDI, Privacy and
Security regulations.
Additional Requirements
• Contractor must be available to review and.tespond to appeals that may arise pursuant to
the audit within sixty(60) days of the date of the appeal.
• All plan policies, procedures and agreements will be provided.
• Claims data for medical and workers' compensation_will be received from TPAs (Cigna and
Corvel).
• The audit population will include both in-state and out-of-state providers.
• This audit will be performed with HIPPA compliance and as such all Personal Health
Information (PHI)will be confidential.
• As audit work proceeds, the Contractor shall provide monthly activity reports describing the
status and progress towards completing the audit assignment.
• Contractor will provide such other services that may be necessary to accomplish the
desired objectives of the audit.
Group 3.Security Services
The selected firm(s) will review financial documents and payroll records, as well as records
maintained on electronic sign-in devices. The audit shall identify billing errors and other
31
discrepancies for cost recovery purposes. The selected firm(s), upon completion, shall evaluate the
overall state of Security Services, and make recommendations related to future services.
The audit should include, but not be limited to the following services:
1. Electronic sign-in devices/Log Books;
2. Scheduling software;
3. Time sheets;
4. Guard tour system device reports;
5. Invoicing of vehicles, golf carts, and personnel;
6. Rate invoiced amounts versus contract amount.
Group 4. Shipping (Fedex/UPS)
The selected firm(s) will review shipping and receiving invoices, to include small and large parcel
freight, carrier delivery and weight records, delivery charges and surcharges, late shipments, and
packages with no proof of delivery. The audit shall identify billing errors, discrepancies,
overcharges, and related opportunities for cost recovery purposes. The selected firm(s), upon
completion, shall make recommendations related to the City's utilization of current carrier
relationships and considerations for future spend management.
The audit should include, but not be limited to the following carrier shipping services:
1. FedEx;
2. UPS;
3. USPS;
4. DHL;
5. Miscellaneous 3PL providers.
Group 5. Elevator Service Agreements
The City of Miami Beach establishes elevator service maintenance contracts to provide the City
with various routine maintenance services, and for repairs not covered by maintenance, to the
City's fleet of elevators. The City's fleet is segmented within four (4) distinct groups, as follows: 1)
Parking, 2) North, 3) South, and 4) RDA. For non-routine engagements that may include major
refurbishments and modernizations, as well as installation of new equipment, the City may select
from a prequalified pool of contractors awarded in the agreement.
The purpose of the audit is to ensure that the City pays for appropriate services rendered and in
accordance with the contract terms. The audit firm will review elevator maintenance agreements,
invoices, fee schedules and annual expenditures. Furthermore, the audit shall identify and
determine if new contract terms are needed to secure lower overall costs for the City. The audit
shall sample random invoices for maintenance and repairs for each segmented group. Invoices for
non-routine engagements that include refurbishments and installation of new equipment shall also
be randomly sampled. The audit shall seek to review billing accuracy of the following:
• Maintenance rates are consistent with fee schedules and locations
• Accuracy of billed repairs. Such repairs shall not include items generally covered under the
maintenance scope as defined in the contract. Items identified as corresponding to routine
maintenance and billed as repairs shall be flagged.
2018-081-JC 32
•
• Rates for labor hours, both regular and overtime are billed according to contract. Total
hours related to repairs shall be analyzed and verified.
• Rates for materials shall be analyzed for accuracy, including market price and markup.
•
•
l '
•
2018-0814C . 33
APPENDIX D
AAA !
�1`�"d'Pd) 11,4Revenue Proposal Form
•
RFP 2018-081 -JC
COST CONTROL AND RECOVERY
AUDIT SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
2018-081-JC 34
1
APPENDIX D- 1
CREDIT CARD PROCESSING
REVENUE PROPOSAL FORM
Failure to submit the Revenue Proposal Form,in its entirety and fully executed,by the deadline established for
the receipt of proposals will result in proposal being deemed non-responsive and being rejected.
Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are
inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no
claim will be made on account of any increase in research costs, wages, material prices, delivery delays,
taxes, insurance, cost indexes or on any other account.
The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal
Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal
Form shall be initialed.
Group' : " x, Proposed Gross' Net Revenue
Credit Card - . Description Revenue Savings to the City
Processing _ Sharing (*for calculation
purposes onlA - -
• • - Rate to the
City
1. Revenue Share for Cost Savings Realized by
the City as a Result of Recovery Audit % $100,000* $
2. Revenue Share for Cost
Savings/Avoidance/Efficiencies Realized by % $100,000* $
the City as a Result of Recommendations for
Future Efficiencies -
1Total Net Revenue to theCity* $
1Basis for Allocation of Revenue Points.
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04gERti .a t 3 €.Wj Stu
1'±•_,,.;_,,,. .... aet�r�cC .& , m,�McGGw 't��+ xT �.ry1�i tvoiX 4
1'4 4,111... ` F7.iFran.'�AR s Y¢Fl s �.+�,��'+�ii1,eS ;
Bidd'ees'Affirmatiort< ':.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
2018-081-JC 35
APPENDIX D —2
INSURANCE POLICIES
REVENUE PROPOSAL FORM
Failure to submit the Revenue Proposal Form,in its entirety and fully executed,by the deadline established for
the receipt of proposals will result in proposal being deemed non-responsive and being rejected.
Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are
inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no
claim will be made on account of any increase in research costs, wages, material prices, delivery delays,
taxes, insurance, cost indexes or on any other account.
The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal
Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal
Form shall be initialed.
Group 2: . -: `. . Proposed • Gross -. • IVet Revenue
Insurance Description . Revenue Savings to the City
Policies Sharing (*for calculation
purposes onlyy. •
-
Rate to the
City _
1. Revenue Share for Cost Savings Realized by
the City as a Result of Recovery Audit % $100,000* $
2. Revenue Share for Cost
Savings/Avoidance/Efficiencies Realized by % $100,000* $
the City as a Result of Recommendations for-
Future Efficiencies
• • 1Total Net.Revenue to-the City*`- $
1Basis for Allocation of Revenue Points.
INa ' 5G U a!R A QT`S VIS U
p� Wtstaz•t # iLAe aF t � P- �.� a a,.-stp{i $ IEN$cR [ '}
a e� 04 { t � 1 { qti� cre51ltE A:7-7`4— ceitiS CIEs ;La21W.
�
L + ` ,'til ,'k'''i =',a. Sz S''i-" A_ + > i,S`' i91 c
4 •.'e :-''f7�3 ES—FA RCIi U t.T?! PEUMM ffinDEREE .a. „ ,i v. .,rL
- . : .. ". Bidder's Affirmation
Company:
Authorized Representative:
Address:
Telephone:
Email: -
Authorized Representative's Signature:
2018-081-JC - 36
APPENDIX D - 3
SECURITY SERVICES
REVENUE PROPOSAL FORM
Failure to submit the Revenue Proposal Form,in its entirety and fully,executed,by the deadline established for
the receipt of proposals will resultin proposal being deemed non-responsive and being rejected.
Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are
inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no
claim will be made on account of any increase in research costs, wages, material prices, delivery delays,
taxes, insurance, cost indexes or on any other account.
The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal
Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal
Form shall be initialed.
Group 3: -:' ' ' Proposed Grass Net Revenue
Security Description Revenue . Savings to the City
Services - Sharing '(forcalculatiort
Rate to the, purposes only)
City
1. Revenue Share for Cost Savings Realized by the
City as a Result of Recovery Audit % $100,000 $
2. Revenue Share for Cost
Savings/Avoidance/Efficiencies Realized by the % $100,000 $
City as a Result of Recommendations for Future
Efficiencies
•
1Total Net.Revenue to the City $
1Basis for Allocation of Revenue Points.
-- j ,a_rgEtst IJV , _G E6 IMORE.'f101Dlif l=S Sff_gri1 tIF]tNOTIt ..0}M t ER
42111ESC R d IiF,T1— "_. CfIEV iQ P— Q N4S11EiA € .1C }
•is' ,5 astnas. 6!! _FStL MW'TUiODtaitVCt�P OP ES< .O FC1E � 5 SEl E>•
�+:.�,)t�,`t.'7, .,��'.�� 11„y\'� ,�i' iv o a=,,.� a y, ,.''� ^..r ,.�'"
.,t.3 Yt :ate art. °\ i<SIN•_ t ROW O"Y 11.tlk` 14-01 CONSWDl
. Bidder's Affirmation :'.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
37
APPENDIX D —4
SHIPPING SERVICES
REVENUE PROPOSAL FORM
Failure to submit the Revenue Proposal Form,in its entirety and fully executed,by the deadline established for
the receipt of proposals will result in proposal being deemed non-responsive and being rejected.
Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are
inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no
claim will be made on account of any increase in research costs, wages, material prices, delivery delays,
taxes, insurance, cost indexes or on any other account.
The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal
Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal
Form shall be initialed.
Groin Proposed,' Gross Net Revenue
Shipping= Description Revenue Savings to the City
(Fedex, Sharing (for calculation
UPS} ;_ : Rate to the pu�p°5e5 only).
= City
1. Revenue Share for Cost Savings Realized by
the City as a Result of Recovery Audit % $100,000* $
2. Revenue Share for Cost
Savings/Avoidance/Efficiencies Realized by % $100,000* $
the City as a Result of Recommendations for
Future Efficiencies
1Total Net Revenue to the City* $
1Basis for Allocation of Revenue Points.
FQSEgSx kikN97.M. ,p 1'Nt {f 7 t.J Lo S C4 k 01Ut� IE Q agt.L
2 ORS:''+ 'i7-11-4c ar.•:;. .r vv. S• u�- s ...i xv t. �' e ,+17. -- • as 4
«•1',SiN(n-PRCI•0S'Al` Ffi3RZ rff-•' Olif@ ITcBEEENSEERIED.: +`'f ; a
Bidder's Affirmation
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
2018'-081-JC , 38
APPENDIX D - 5
ELEVATOR SERVICES
REVENUE PROPOSAL FORM
Failure to submit the Revenue Proposal!Form,in its entirety and fully executed,by the deadline established for
the receipt of proposals will result in proposal being deemed non-responsive and being rejected.
Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are
inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no
claim will be made on account of any increase in research costs, wages, material prices, delivery delays,
taxes, insurance, cost indexes or on any other account.
The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal
Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal
Form shall be initialed.
Group 5:- Proposed Gross Net Revenue
Elevator. Description . ' Revenue Savings to the City
Service` • r t'. . 'Sharing Elorcaiculation
Agreements •
• _ , • Rate to the •. purposes only) .
City...
1. Revenue Share for Cost Savings Realized by
the City as a Result of Recovery Audit % $100,000* $
2. Revenue Share for Cost
Savings/Avoidance/Efficiencies Realized by the % $100,000* $
City as a Result of Recommendations for
Future Efficiencies
• V • : 'Total Net Revenue to the City* $ `
1Basis for Allocation of Revenue Points.
;4301 o,nom. '6ED ,451 Ez d,a 0$-;t "RH, ak ` S r ltlti(ctri goo
sKraragit, ►0 7 2, {H011gFta a' IFW" 4 - 1t Qg4.k. TQ`ertek D k �tINSffMl _ P gig
'40=,10, 74--1121•Ci391 .1 13, a ,r. _® 1-1178 ":1i ► a• lit--.
?teat'
,may,, p[�(��� a [g■■'�`e
T.�r-M'," Ai/IS.Y''..a '�1i.�'.,& *- INGIL iPA�`O 1' 1?�..m . � .... MASIV ir.
• Bidder's Affirmation .
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
2018-081-JC 39
APPENDIX E
miAmi E
Insurance Requirements
RFP 2018-081 -JC
COST CONTROL AND RECOVERY
AUDIT SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
2018-081-JC 40
MIAMI BECH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability. Contractual Liability and Contractual. Indemnity (Hold harmless endorsement
exactly as written in "insurance requirements"of specifications).
XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included.
XXX 4. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if
any, not to exceed 10%of the limit of liability.
5. Excess Liability-$ .00 per occurrence to follow the primary coverages.
XXX 6. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
7. Other Insurance as indicated:
Builders Risk completed value $ .00
Liquor Liability $_ .00
Fire Legal Liability $ .00
Protection and Indemnity $ .00
Employee Dishonesty Bond $ .00
Other $ .00
XXX 8. Thirty(30)days written cancellation notice required.
XXX 9. Best's guide rating B+:VI or better, latest edition.
XXX 10. The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
2018-081-JC 41
ATTACHMENT C
CONSULTANTS RESPONSE TO THE (RFP)
Detail by FEI/EIN Number Page 1 of 2
Florida Deoartment of State DIVISION OF CORPORATIONS
vl::isuli JJ
Is. �QC\E C
.:ft1%Uf FIw(fdel
Deoartment of State / Division of Coroorations I Search Records / Detail By Document Number/
Detail by FEI/EIN Number
Florida Profit Corporation
ELITE CONSULTING SPECIALISTS INC.
Filing Information
Document Number P94000037845
FEI/EIN Number 65-0490968
Date Filed 05/05/1994
Effective Date 04/29/1994
State FL
Status ACTIVE
Principal Address
5050 BISCAYNE BLVD •
#200
MIAMI 33137 AF
Changed: 03/07/2018 •
Mailing Address
5050 BISCAYNE BLVD
#201
MIAMI, FL 33137
Changed:03/28/2013
Registered Agent Name&Address
LEFKOWITZ, MICHAEL
5050 BISCAYNE BLVD
Suite 200
MIAMI, FL 33137
Address Changed:03/07/2018
Officer/Director Detail
Name&Address
Title P
LEFKOWITZ, MICHAEL
2990 FLAMINGO DR
MIAMI BEACH, FL 33140
Title VP
•
http://search.sunb iz.org/Inquiry/CorporationS earch/S earchResultDetail?inq... 8/29/2018
Detail by FEI/EIN Number Page 2 of 2
Lefkowitz, Joseph A,VP
5050 BISCAYNE BLVD
#200
MIAMI, FL 33137
Title VP
Lefkowitz,Terry A,T/S
5050 BISCAYNE BLVD
##200
MIAMI, FL 33137
Annual Reports
Report Year Filed Date
2016 01/25/2016
2017 01/10/2017
2018 03/07/2018 •
Document Images
03/07/2018_ANNUAL REPORT View image in PDF format
01/10/2017—ANNUAL REPORT ' View image in PDF format
01/25/2016—ANNUAL REPORT View image in PDF format
03/09/2015—ANNUAL REPORT View image in PDF format
01/14/2014—ANNUAL REPORT View image in PDF format
03/28/2013—ANNUAL REPORT View image in PDF format
Q2/06/2012—ANNUAL REPORT View image in PDF format
01/10/2011—ANNUAL REPORT View image in PDF format
04/08/2010—ANNUAL REPORT View image in PDF format
03/24/2009-ANNUAL REPORT View image in PDF format
01/13/2008—ANNUAL REPORT View image in PDF format
04/18/2007—ANNUAL REPORT View image in PDF format
02/20/2006—ANNUAL REPORT View image in PDF format
01/23/2005—ANNUAL REPORT View image in PDF format
01/12/2004—ANNUAL REPORT View image in PDF format
02/26/2003—ANNUAL REPORT View image in PDF format
01/15/2002—ANNUAL REPORT View image in PDF format
01124/2001—ANNUAL REPORT View image in PDF format •
07/12/2000—ANNUAL REPORT View image in PDF format
07/13/1999—ANNUAL REPORT View image in PDF format
01/15/1998—ANNUAL REPORT View image in PDF format
07/22/1997—ANNUAL REPORT View image in PDF format
01/22/1996—ANNUAL REPORT . View image in PDF format
03/17/1995—ANNUAL REPORT View image in PDF format •
•
Florida Department of State,Division of Corporations r
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Florida Department of State DIVISION OF CORPORATIONS
.1114140. DP/131011 of
5 .org 1 n
w Ul`kf /terry!
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No Filing History
Fictitious Name Detail
Fictitious Name
ECS BUSINESS SERVICES
Filing Information
Registration Number G15000129325
Status ACTIVE
Filed Date 12/22/2015
Expiration Date 12/31/2020
Current Owners 1
County MULTIPLE —
Total Pages 1
Events Filed NONE
FEI/EIN Number 65-0490968
Mailing Address
5050 BISAYNE BLVD
#201
MIAMI,FL 33137
Owner Information
ELITE CONSULTING SPECIALISTS,INC
5050 BISCAYNE BLVD.,#201
MIAMI,FL 33137
FEI/EIN Number:65-0490968
Document Number:P94000037845
Document Images
12/22/2015—Fictitious Name Filing View image in PDF format
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No Filing History
Florida Department of State,Division of Corporations
•
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REQUEST FOR PROPOSAL (RFP)
Cost Control and Recovery Audit Services
2018-081-JC
City of Miami Beach
ELEVATOR SERVICE AGREEMENTS
Proposer
ECS Business Services
Michael Lefkowitz
5050 Biscayne Boulevard
Suite 200
Miami, Florida 33137
Tab 1
Cover letter and Minimum Qualifications Requirements
J Page 12
1.1 Cover Letter and Table of Contents
Page 1 3
To Whom It May Concern;
This proposal is for the auditing of City of Miami Beach Elevator agreements,
according to Cost Control and recovery audit services RFP 2018-081-JC.
Michael Lefkowitz
ECS Business Services
5050 Biscayne Boulevard
Suite 200
Miami, FL 33137
Michael@ECSBusinessServices.com
786.220.9230 Office
305.345.3407 Cell
Page 14
Table of Contents
TAB 1 COVER LETTER AND MINIMUM QUALIFICATIONS REQUIREMENTS 2
SECTION 1.1 COVER LETTER AND TABLE OF CONTENTS 3
Cover Letter 4
Table of Contents 5
SECTION 1.2 PROPOSAL CERTIFICATION QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT(APPENDIX A) 6
Appendix A 7-11
Affidavit 12
SECTION 1.3 MINIMUM QUALIFICATIONS REQUIREMENTS(APPENDIX C) 13
TAB 2 EXPERIENCE AND QUALIFICATIONS 14
SECTION 2.1 QUALIFICATIONS OF PROPOSING FIRM 15
SECTION 2.11 PROJECT DETAILS—THREE(3) CLIENTS 16-17
SECTION 2.2 QUALIFICATIONS OF PROPOSER TEAM 18
Resume of Michael Lefkowitz 19
Resume of Todd Schwartz 20
TAB 3 SCOPE OF SERVICES PROPOSED I 21
SECTION 3.1 COST RECOVERY 22
SECTION 3.2 COSTREDUCTION 23
TAB 4 REVENUE PROPOSAL 24
APPENDIX D ELEVATOR SERVICES REVENUE PROPOSAL FORM 25
Page 15
1.2 Proposal Certification, Questionnaire &
Requirements Affidavit (Appendix A)
Page j 6
1
Solicitation No: Solicitation Title:
2018-081-JC Cost Control and Recovery Audit Services
Procurement Contact: Tel:. Email:
Jason Crouch 305.673.7000 x 6694 JasonCrouch@miamibeachfl.gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to
inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary
information from Proposers in order that certain portions of responsiveness; responsibility and other determining
factors and compliance_with requirements may be evaluated. This Proposal Certification, Questionnaire and
Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
•
1. General Proposer
Information.
FIRM NAME:ECS'Business Services
No of Years in Business: No of Years in Business Locally:
19 Years 19 Years
OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS(HEADOUARTu haiscayne Boulevard, Suite 200
CITY: Miami �U� ti
STATE: Florida ZIP CODE: 33137
TELEPHONE NO.: 786.220.9250
TOLL FREE NO.: NA
-FAX NO.: 305.673.0157
FIRM LOCAL ADDRESS: 5050 Biscayne Boulevard, Suite 200
CITY: Miami
STATE: Florida ZIP CODE: 33137
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT.
Michael Lefkowitz
ACCOUNT REP TELEPHONE NO.3• 05.345.3407 •
ACCOUNT REP TOLL FREE NO.: NA
ACCOUNT REP EMAIL: `Michael@ECSsaves.com
FEDERAL TAX IDENTIFICATION NO.:
65-0490968
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.
Page 17
1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status?
YES X 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 employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse,parent,sibling, and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affiliates
3. References& Past Performance.Proposer shall submit at least three(3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
Individual Name&Title,3)Address,4)Telephone,5)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 by any public sector agency?
YES X NO
3. References and Past Performance
See pages 16-17 (Section 2.11) for three (3) project references.
5. Vendor Campaign Contributions
Michael Lefkowitz Miami Beach Campaign Contributions
Mark Samuelian 10/27/2017 $500
Kristen Rosen Gonzalez (date unknown, but within past 2-3 years)
est. $100
6. Code of Business Ethics
Michael Lefkowitz and ECS Business Services agree to adopt the City of
Miami Beach Code of Ethics as stipulated in the ordinance. They further
agree 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.
Page 18
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 Procurement Department with its proposal/response or
within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating thatit will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics,available at http://w ww.miamibeachfl.gov/citv-hall/orocurement/orocurement-related-ordinance-and-procedures/
7. Living Wage. Pursuant to Section 2 408 of the City of Miami Beach Code, as same may be amended from time to time, covered,
1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with
how - - - , - - - -- - - - - •• - -• -- -2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11.70 per hour with
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 constructionor 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; (H) prohibits advertising of employment
positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement
on an employment application that a person with a criminal record may not apply for the position.
SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer
certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to
provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of
the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate
termination for cause of the agreement,in addition to any damages that may be available at law and in equity.
13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to
obtain and acknowledge receipt of all addenda may result in proposal disqualification.
Initial to Confirm Initial to Confirm Initial to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required,submit under separate cover.
Page 110
DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being
furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.Any action taken by the City in response to
Proposals made pursuant to this solicitation, or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or
in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or
obligation on the part of the City.
In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may
accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,
nh^rnhnl!lore Par#^ere 2n0 omp'eyeac,^c roivocted ky tho C,tya^,+c 4cn141/4o^
The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials,shall be at the recipient's own risk. Proposers should rely
exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or
representation, express or implied, as to its content, its accuracy, or its completeness. No warranty orrepresentation is made by the City or its
agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval.
The City shall have no obligation or liability with respect to this solicitation,the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully.acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pu rsuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance
only,and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal(or Proposals),as same may be modified, and the applicable definitive
agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements
executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason,without
any resultant liability to the City. .
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information,
and belief.
Notwithstanding the foregoing or anything contained in the solicitation,all Proposers agree that in the event of a final unappealable judgment by a
court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or
inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous
sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no
liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the
provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed
by and construed in accordance with the laws of the State of Florida.
Page 111
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:
Michael A Lefkowitz , Pres., ECS Business Services
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:
s.
Page 112
1.3 Minimum qualifications requirements (Appendix C)
Cl. Minimum Eligibility Requirements
1. ECS has been in business for 19 years and has been providing Elevator Agreement
auditing for 10+ years.
Submittal requirement:
Client Name: Acqualina Resort
Client Contact: Jair Garcia
Telephone: 305.918.8000
Email: jair.garcia@acqualina.com
Description 'of Services: Reviewed analyzed and optimized multi-year contracts and
monthly invoices and other invoices beyond the scope of the contracts. Reduced
$25000 monthly service contract to $18000 month and obtained an $80,000 refund.
Term of Engagement: Sept. 2009-Sept. 2012
Page 113
Tab 2
Experience and Qualifications
, Page 1 14
2.1 Qualifications of Proposing Firm
ECS Business Services was started by Michael Lefkowitz, President, 19 years ago as a
commercial cost control and utility audit specialist. Along with his team of professionals,
Mr. Lefkowitz relies on his background in hotel management, along with various
corporate endeavors, to provide his clients with the broadest array of cost control and
recovery options.
ECS is a specialist in Cost Control for Elevator agreements, as well as in performing
forensic audits for the purpose of recovering erroneous billings for Elevator
expenditures. Within the past 5 years, ECS has handled the accounts of many clients
such as those listed in 2.11 below.
Page 1 15
2.11 Project,Details — three (3) clients
Client 1
Project Description: Brickell View West Elevator Analysis
Client name: Brickell View West
Client contact: William Smith
Phone: 305.859.9128
Email: BVWHOA@gmail.com
Private Condominium
Years: Sept.,2017- current.
Terms of Engagement: 36 months
Details/Outcome: Reviewed contract and invoices and advised client they were being
overcharged. Attempted to obtain refund and reduced contract terms. Elevator provider
refused to negotiate and termination letter was sent per terms of agreement.
Negotiated contractor with new elevator provider at a savings of 25% per month.
Client 2
Project Description: Parkview Point Condominium Elevator Analysis
Client name: Parkview Point Condominium
Client contact: Hugh Moore
Telephone: 305.710.1090
Email: HughMMoore@yahoo.com
Private Condominium
Years: Dec. 2017-current
Terms of Engagement: 36 months
Details/Outcome: Reviewed historical billing for 36 months. Have submitted a refund
claim for $40,000+ and requested reduction in monthly maintenance contract of 15%.
All requests are being reviewed by upper management.
Page 1 16
Client 3
Project Description: Ocean Pavilion Condominium Elevator Analysis
Client name: Ocean Pavilion Condominium
Client contact: Rafael Solar
Telephone: 786.351.3017
Email: Risoler51@gmail.com
Private Condominium
Years: February 2018
Terms of Engagement: 36 months
Details/Outcome: reviewed 48 months of historical billing. Submitted a claim for $48000
in overages and requested a reduction of 21% in monthly contract fees. All requests are
currently being reviewed by upper management.
•
Page 1 17
2.2 Qualifications of Proposer Team
Team Members, See attached Resumes
Michael Lefkowitz, President ECS Business Services
Todd Schwartz, ECS Elevator Consultant �
Page 118
Michael A. Lefkowitz
2990 Flamingo Drive, Miami Beach 33140 1305.345.3407 I Michael@ECSsaves.com
Education
J.D. 11986 I UNIVERSITY OF MIAMI SCHOOL OF LAW
B.S. 11973 I CITY COLLEGE OF NEW YORK ;--
• Major: Math, Summa cum Laude
Professional work experience
PRESIDENT IECS BUSINESS SERVICES"11999—PRESENT
5050 Biscayne Boulevard, Miami, Florida 33137 786.220.9250
• Developed, own, operate, manage, and direct all aspects of successful nationwide utility auditing company.
ECS objective is to identify and correct billing errors for its clients in a variety of service areas, such as:
water, sewer, gas, electric, telecom, elevator, shipping, storm-water fees, municipal fees (taxes and franchise
fees) and surcharges. ECS clients are businesses, hotels, healthcare facilities,multifamily dwellings and.
condominiums. I have personally developed templates and computer models to analyze and evaluate usage
and billing, taking into account market value, contract terms and unique rate structures of each client.
MANAGING PARTNER DUNKIN DONUTS FRANCHISE 12001-2005
• Responsible for day to day operations of 4 store Dunkin Donuts franchise.
PARTNER AND GENERAL MANAGER
CROWN HOTEL/RAMADA RESORT MIAMI BEACH 11973-1985, 1992-1999
• Operated Crown Hotel and subsequently Ramada Franchise resort. Charged with overseeing all operations of
the full service 250 room hotel. Facility manager of two other hotels. The three hotels comprised over 1000
guest rooms. Focused on developing methods of saving money thru close analysis of variable and fixed
expenses.
ti
Page I .19
Todd Schwartz
• 2645 Executive Park Drive, Suite 611 , Weston, FL 33331
• Phone: (954)792-1234
• Email: fschwartz@connectionselevator.com
• Website: www.connectionselevator.com
•
•
•
• Objective Provide elevator expertise to clients.
•
•
• Experience President
• Connections Elevator, Weston, FL
• March 2011 -Current
•
• Vice President
• Ace Elevator Company, Hollywood, FL
• July 2008 -March 2011
•
• Service Sales Manager
• ThyssenKrupp Elevator, Miami, FL
• 2002-2004
•
• Business Development Manager
• Otis Elevator, Miami, FL
• 1998 -2002
•
• Education Master of Business Administration University
of Miami, Coral Gables, FL December 2002
• Bachelor of Business Administration Florida International
University, Miami, FL December 1995
.
• References References are available on request.
i
Pagel 20
Tab 3
Scope of Services Proposed
Elevator Agreements
Page 1 21
3.1 Cost Recovery
Review the Elevator agreements.
Perform onsite survey of elevators to determine if vendor is in compliance with the
agreement and all inspections and monthly service is performed according to the
agreement.
Highlight key points relative to pricing and index increases.
Insure all invoices, whether monthly service contract invoices, or invoices for items not
covered by the service contract and determine whether they are pursuant to the terms of
• the agreement.
Determine accuracy of billed repairs.
Ensure all rates charged are according to the contracted rates.
Analyze total hours related to repairs and verify.
Analyze rates for materials for accuracy including market price and markup.
Comparing current pricing and contract terms with market price of other established
vendors to determine if current pricing is within standard deviation of the market price.
Determine if annual index for increase in contract terms is correct.
Page 122
3.2 Cost Reduction
Review the Elevator agreements.
Perform onsite survey of elevators to determine if vendor is in compliance with the
agreement and all inspections and monthly service is performed according to the
agreement.
Highlight key points relative to pricing and index increases.
Ensure all invoices, whether monthly service contract invoices, or invoices for items not
covered by the service contract and determine whether they are pursuant to the terms of
the agreement.
Determine accuracy of billed repairs.
Ensure all rates charged are according to the contracted rates.
Analyze total hours related to repairs and verify.
Analyze rates for materials for accuracy including market price and markup.
Comparing current pricing and contract terms with market price of other established
vendors to determine if current pricing is within standard deviation of the market price.
Determine if annual index for increase in contract terms is correct.
•
Pagel 23
Tab 4
Revenue Proposal
Page j 24
APPENDIX D-5
ELEVATOR SERVICES REVENUE
PROPOSAL FORM
ilure to submit the Revenue Proposal Form,in its entirety and fully executed,by the deadline established for the
receipt of proposals will result in proposal being deemed non-responsive and being rejected.
Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are
inclusive of all costs borne by the Proposer relating to the scope of the project; and Proposer affirms that no claim will
be made on account of any increase in research costs, wages, material prices, delivery delays, taxes, insurance,
cost indexes or on any other account.
The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form
completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal Form shall be
initialed.
Group 5: 1 Proposed Gross Net Revenue
Elevator Description Revenue Savings to the City
Service • Sharing roc calculation
purposes only)
Agreements - Rate to the
. City
1. Revenue Share for Cost Savings Realized by.
the City as a Result of Recovery Audit 75 % $100,000* $ 75, 000
2. Revenue Share for Cost
Savings/Avoidance/Efficiencies Realized by the 75 % $100,000* $ 75, 000
City as a Result of Recommendations for Future
Efficiencies
.• rcotal Net Revenue to the City* $ 150, 000
1Basis for Allocation of Revenue Points.
1=HSwFrREsiElOtt€Rifiik7Tlfit?..tzm sy KtFis Q giARA lF'; IIcEA APE;sq , �ira:woliAlaEgopoALS.FeREACt CFniE
i3aa§4 1El Bp.4E >X�r IFA PROPOSERWS't s SIO � ISONOEPOLICIESAr+
OR SEt VttE GREEMENT isw,sr stoin;'WO<7f 1I PqoP+OSA1 ,O EFO INS JRA POLICIES A�lrl i SEPARATE ONE,FO s
[CES v sb.�a; ire a :xY" a� •p`
. . - r. _ ��'Y,•. S i K igtiti1?rS". ca llf*` etz- F ttaitcailsk imat_ , ,' r , , ' ' . ` ;
• ' •Bidder's Affirmation •
Company: ECS Business Services
Authorized Representative: Michael Lefkowitz
Address: 5050 Biscayne Boulevard, Suite 200, Miami 3313
7Telephone: 786. 220 . 9250
Email: Michael@ECSsaves . com
Authorized Representative's Signature:
Page 125
3. References and Past Performance
See pages 16-17 (Section 2.11) for three (3) project references.
5. Vendor Campaign Contributions
Michael Lefkowitz Miami Beach Campaign Contributions
Mark Samuelian 10/27/2017 $500
Kristen Rosen Gonzalez (date unknown, but within past 2-3 years) est.
$100
6. Code of Business Ethics
Michael Lefkowitz and ECS Business Services agree to adopt the City of
Miami Beach Code of Ethics as stipulated in the ordinance. They further
agree 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.
3. References and Past Performance
See pages 16-17 (Section 2.11) for three (3) project references.
5. Vendor Campaign Contributions
Michael Lefkowitz Miami Beach Campaign Contributions
Mark Samuelian 10/27/2017 $500
Kristen Rosen Gonzalez (date unknown, but within past 2-3 years) est.
$100
6. Code of Business Ethics
Michael Lefkowitz and ECS Business Services agree to adopt the City of
Miami Beach Code of Ethics as stipulated in the ordinance. They further
agree 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.
Appendix A •
2.There are no officers,directors,agents or immediate family members wh. are also employees of the
City of Miami Beach.
There are no City employees who won,either directly or indirectly any inter:st in ECS Business Services,
or any of its affiliates.
-Th. a
Michewitz
ECS Business Services
•
9. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted oras 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 piblic entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a pudic 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 th s 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 nto a contract with a business unless the
business represents that it does not and will riot 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 su;h action is based on race, color, national
origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial statusi,age or disability.
SUBMITTAL REQUIREMENT:No additional submittal is required. By virtue of executing Hs 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 tray l 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 th s 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 adopt.d and employs written policies, practices,
and standards that are consistent with the City's Fair Chance Ordinance, set forth in Artic e 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 employmert; (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 positi m.
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 Fa r Chance Ordinance. Proposer agrees to
provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of
the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate
termination for cause of the agreement,in addition to any damages that may be available at law and in equity.
13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuan: 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 Conrim'
'-6131r..
'et t Receipt Receipt
71 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.
.. ...... ._ ..... .. „amu,. - . . ...... _.,. . ... .-...-...., ..���' _ �• ��u T,� .- .�,
Page 1 10
ATTACHMENT D
INSURANCE REQUIREMENTS.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS_
6.1 INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the City of Miami Beach and its
officers, employees, agents, and Consultants, 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 damageto 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, Consultants, or any other person or entity acting under
Consultant's control or supervision, in connection with, related to, or as a result of the
Consultant's performance of the Services pursuant to this Agreement. To that extent,
the Consultant shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and
shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals.The Consultant expressly understands and agrees
that any insurance protection required by this Agreement or otherwise provided by the
Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and
save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided.
The parties agree that one percent (1%) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from the
City to the Consultant for the Consultant's indemnity agreement. -The provisions of this
Section 6.1 and of this indemnification shall survive termination or expiration of this
Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force during the Term, the following
insurance:
(2.-Consultant General Liability, in the amount of$1,000,000; "/
. Consultant Professional Liability, in the amount of$200,000;:and
3:i Workers Corrmpensatio t_es, Employers-Liability_,".,.as_required-pursuant to--Florida
CStatutes.
The insurance must be furnished by insurance companies authorized to do business in
the State of Florida. All insurance policies must be issued by companies rated no less
than "B+" as to management and not less than "Class VI" as to strength by the latest
edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent.
All of Consultant's certificates shallcontain endorsements providing that written notice
shall be given to the City at least thirty (30) days priorto termor.ation, cancellation_or •
reduction in coverage in the policy. The insurance certificates fo .General Liat shall
nclude--the Gity-as-•an--additional-insured--and-shall-contain--a-waiver of su '
brogation
endor s errment.
5
Original certificates of insurance must be submitted to the City's Risk Manager for
approval (prior to,any work and/or services commencing) and,will be kept on file in the
Office of the Risk Manager. The City shall have the right to obtain from the Consultant
specimen copies of the insurance policies in the event that submitted certificates of
- insurance are inadequate to ascertain compliance with required coverage:
The Consultant is also solely responsible for obtaining and submitting all insurance
certificates for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the Consultant of the
liabilities and obligations under this Section or under any other portion of this Agreement.
The Consultant shall not commence any work and or services pursuant to this
Agreement until all insurance required under this Section has been obtained and such
insurance has been approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida.
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action
is'necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Consultant and the City expressly
waive any rights either party may have to a trial by jury of any civil litigation related to or
arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action, for money damages due to an.alleged
breach by the City of this Agreement, so that its liability for any such breach never
exceeds the sum of the compensation/fee to be paid to the Consultant pursuant to this
Agreement, less any amounts actually paid by the City as of the date of the alleged
breach. Consultant hereby expresses its willingness to enter into this Agreement with
Consultant's recovery from the City for any damages from any action for breach of
contract to be limited to a maximum amount of the compensation/fee to be paid to the
Consultant pursuant to this Agreement, less any amounts actually paid by the City as of
the date of the alleged breach.
Accordingly, and notwithstanding any other term or condition of this Agreement,
Consultant hereby agrees that the City shall not be liable to the Consultant for damages
in an amount in excess of the compensation/fee to be paid to the Consultant pursuant to
this Agreement, less any amountsactually paid by the City as of the date of the alleged
breach, for any action or claim forbreach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
6 (5)
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY,1700 Convention Center t)rive-Fourth Floor,Miami Beach,FL 33139
t i
OFFICE OF THE CITY ATTORNEY 11,%
Tel:305-673-7470/Fax:305-673-7002
�t (i
LEGAL REVIEW COVER SHEET
• DOCUMENTS MUST ONLY BE DROPPED OFF WITH THE RECEPTIONIST IN
LEGAL.
• THIS COVERSHEET MUST BE KEPT WITH WORKING DOCUMENT UNTIL
FINAL FORM APPROVAL.
Date: 08/29/2018
Document:RFP 2018-081-JC for COST CONTROL AF RECOVERY AUDIT SERVICES (Public Risk Advisors LLC)
'-\
❑ Commission Item No. Commission Date:
❑ Need for Other: ' Date:
Contact Person: Jason and Jorge Extension: 7490
Department: Procurement
Q First Time Review: Assigned to: -
❑ CAO Returned w/Changes: - - -
❑ 2'Time Review:
El 2nd CAO Returned w/Changes:
s CI
❑ - -
CI
❑ Form Approved:
El NOTES:
4/2016