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Agreement with Isi Water Company PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ISI WATER COMPANY FOR REVENUE ENHANCEMENT STUDY FOR UTILITIES, PURSUANT TO RFP 2018-234-JC This Professional Services Agreement (Agreement) is entered into this 1.1 day of OP,1 , 20 VI , between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami. Beach, Florida, 33139 (the CITY), ISI WATER COMPANY, a Texas corporation,whose address is 5215 Fidelity Street, Houston,TX 77029(CONTRACTOR) (CITY and CONTRACTOR each a "Party" and collectively, the "Parties"). SECTION 1 DEFINITIONS "Account" is defined as a particular Utility Service of the CITY(including but not limited to Water, Wastewater, Stormwater). This definition includes all unauthorized taps discovered by CONTRACTOR that previously had not been given an Account number by the CITY. "Base Revenue" Is defined as the average of the monthly Account billings during the period of time, as agreed upon between the CITY and CONTRACTOR, when the.Account experienced the problem, and which period of time immediately precedes the completion of the Work, for up to a twelve month period. By way of example, and not limitation, if CONTRACTOR and CITY agree that a meter has been broken for a six-month period, resulting in consumption of zero usage during such six-month period, the Base Revenue is zero, and shall not include in the Base Revenue average the preceding six-month period during which time the meter operated properly. "CITY" is defined in the preamble of this Agreement and includes its successors and assigns. "CONTRACTOR " is defined in the preamble of this Agreement and includes its successors and v assigns. "CONTRACTOR Share" is defined as the fee to be paid by the CITY to CONTRACTOR for performance of duties under this Agreement, computed in accordance with Section 5.02 hereof. "Customer Information System" (or "CIS") is defined as the system used by the CITY to bill and to account for customer activities. "Documenting the Find" is defined as the notation by CONTRACTOR on the Research Report to the CITY or the approval of a submitted Formal Work Order. "Find" is defined as the discovery by CONTRACTOR of an Account condition, as the result of the Work, which causes a specific Utility Service to be improperly or inaccurately billed. "Increased Revenue" is defined as the amount of monthly income received by the CITY on an , Account, over and above the Base Revenue, including any rate increases, subsequent to 1 • corrective action being taken on that Account, including both incomes derived from-ongoing usage, as well as retroactive billing. "Research Report" is defined as the reports delivered to the CITY by CONTRACTOR pursuant to Section 2.01 (C) (1) hereof. "Utility Service" is defined as the physical location of a CITY consumer, bath known and unknown to the CITY, which utilizes services provided by the CITY. "Work" is defined as all of CONTRACTOR efforts towards determining needed changes and recommending the corrective actions necessary in order for the specific Utility Service to be properly and accurately billed. "Work Order" shall be defined to mean that certain standard document that defines relevant information about a CITY Account that CONTRACTOR has evaluated and determined to be defective. A sample Work Order form is set forth in Exhibit"B" hereto. "Agreement": This Agreement between the CITY and CONTRACTOR, including any exhibits and amendments thereto, and the Proposal Documents. 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 Public Works Department Director. Contractor: For the purposes of this Agreement, CONTRACTOR shall be_deemed to be an independent contractor, and not an agent or employee of the CITY. Services: All services, work and actions by CONTRACTOR performed or undertaken pursuant to the Agreement. Fee: Amount paid to CONTRACTOR as compensation for Services. Proposal Documents:Proposal Documents shall mean City of Miami Beach RFP No. 2018-234- JC for REVENUE ENHANCEMENT STUDY FOR UTILITIES, together with all amendments thereto, issued by the )CITY in contemplation of this Agreement, RFP, and CONTRACTOR'S proposal in response thereto (Proposal), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the 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. 2 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to CONTRACTOR by the CITY, CONTRACTOR shall provide the work and Services described in Exhibit"A" hereto (the Services). Although CONTRACTOR may be provided with a schedule of the available hours to provide its services, the CITY shall not control ,nor have the right to control the hours of the services performed by CONTRACTOR; where the services are performed (although the CITY will provide CONTRACTOR with the appropriate location to perform the services, which may have access time limitations); when the services are performed, including how many days a week the services are performed; how the services are performed, or any other aspect of the actual manner and means of accomplishing the services provided. Notwithstanding the foregoing, all services provided by CONTRACTOR shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the services to be performed, CONTRACTOR should contact the following, person: Roy Coley Public Works Director 1700 Convention Center Drive (305) 673-7000 27380 2.2 CONTRACTOR's Services, and any deliverables incident thereto, shall be completed in accordance with,the Scope of Services attached hereto as Exhibit A. SECTION 3 TERM The term of this Agreement (Term) shall commence upon execution of this Agreement by all Parties hereto, and shall have an initial term of THREE (3)YEARS with TWO (2) renewal options of One (1) Year each, to be exercised at the City Manager's sole option and discretion, by providing CONTRACTOR with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, CONTRACTOR shall adhere to the Scope of Services for completion and delivery of the Services, attached hereto as Exhibit A. SECTION 4 FEE In consideration of the Services to be provided, CONTRACTOR shall be compensated as provided herein for services authorized by Work Order for a particular Project. 4.1 At the time of negotiation of each Work Order,the CITY and CONTRACTOR will determine the tasks, sub-tasks, and deliverables applicable to the Project based on the list of Services associated with each Contractor Service Order. CONTRACTOR shall not 3 commence any Services or Additional Services unless approved in writing by the City Manager or designee. 4.2 Any and all fees due to CONTRACTOR under this Agreement shall be payable solely from the funds collected pursuant to this Agreement. CONTRACTOR acknowledges and - agrees that the CITY's liability for any and all payments hereunder shall be limited by this provision. No other funds are available, noir will they be appropriated for the purpose of this Agreement. 4.3 Payment for Services.- A. If any Work performed by CONTRACTOR to an Account results in Increased Revenue to the CITY, CONTRACTOR shall be entitled to a CONTRACTOR Share for such Work equal to forty-five percent (45%) of all Increased Revenues (as defined in Definitions of this Agreement) for a term of sixty (60) months thereafter, referred to in the RFP as the ° Contractor Revenue Share for the Revenue Enhancement Study/Recovery.The 60-month term may be suspended in the event that the account problem persists which eliminates Increased Revenue and restarted following remedy. B. If any Work performed by the CONTRACTOR to an Account results in Cost Savings (as referenced in Appendix D of the RFP) CONTRACTOR shall be entitled to a contractor share for such Work equal to ten percent (10%) of all cost savings for a term of sixty(60) months thereafter. C. Documentation substantiating and calculating Increased Revenue and Cost Savings shall be reviewed and approved by the CITY within thirty calendar days of submission and thereafter processed for payment within the time frame stipulated by the CITY. If all of the data necessary to compute the CONTRACTOR Share is not provided by the CITY in time to make such payment when due, the CITY may approve a good faith estimate of sudh Increased Revenue and compute the CONTRACTOR Share accordingly. Adjustments to such CONTRACTOR Share shall be made on succeeding monthly payments after actual Increased Revenues are determined. 4.4 Early Payment Option. In the event that the CITY should desire, at its sole discretion, for any reason, to make payment of any and all fees due CONTRACTOR sooner than defined in Article V, the CITY shall have the right to approve a calculation of any and all remaining fees based on a Work Order by Work Order payment average to date, multiplied by the remaining number of months, factored down by a "present value discount" using the prime interest rate in effect at the time of the early payment. Any such early payment pursuant to this Section shall constitute full consideration for all work performed pursuant to the applicable Work Order(s), and upon making such payment, neither Party shall have or owe any further obligation to the other Party with respect to the subject Work Order. 4.5 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). 4 Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the CITY at the following address: Accounts Payable Division Finance Department City of Miami Beach 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 • SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE' If the CONTRACTOR shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, Agreements, or stipulations material to this Agreement,'the CITY, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the CITY shall notify CONTRACTOR of its violation of the particular term(s) of this Agreement and shall grant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the CITY may terminate this Agreement without further notice to CONTRACTOR. Upon termination, the CITY shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. ' Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by any breach of Agreement by the CONTRACTOR. The CITY, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the CITY's right and remedies against CONTRACTOR. The CITY shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. In the event of,any such termination for cause, each Party reserves all rights and remedies that may be available to that Party at law and in equity. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY The CITY may also, through its City Manager, and for its convenience and without cause, terminate this Agreement at any time during the term by giving written notice to CONTRACTOR of such termination; which shall become effective within. thirty (30) days following receipt by CONTRACTOR of such notice. If the Agreement is terminated for convenience by the CITY, CONTRACTOR shall be paid for any services satisfactorily performed up to the date of termination; following which the CITY shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. The duties and obligations of the CITY to pay CONTRACTOR under the payment terms in Section 4 shall continue in full force and effect for any previously completed Work Orders approved by the CITY prior to termination, and shall survive the completion of the operations period or termination of this Agreement,however brought about. 5 5.3 TERMINATION FOR INSOLVENCY The CITY also reserves the right to terminate this Agreement in the event CONTRACTOR is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the Parties shall be the same as provided for in Section 5.2.In the event of:any termination for cause pursuant to this\Section 5.3, each Party reserves all rights and remedies that may be available at law and in equity. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION CONTRACTOR agrees to indemnify and hold harmless the CITY of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in • equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs,for personal, economic or bodily injury,wrongful death, loss of or damage to property,which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of CONTRACTOR , its officers, employees, agents, contractors, or any other person or entity acting under CONTRACTOR's control or supervision, in connection with, related to, or as a result of CONTRACTOR's performance of the Services pursuant to this Agreement. To that extent, CONTRACTOR 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. CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by CONTRACTOR shall in no way limit CONTRACTOR's responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. The Parties agree that one percent (1%) of the total compensation to CONTRACTOR for performance of the Services under this Agreement is the specific consideration from the CITY to CONTRACTOR for CONTRACTOR's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS CONTRACTOR shall maintain and carry in. ull force during the Term, the following insurance: 1. Contractor General Liability, in the amount of$1,000,000; 2. Contractor Professional Liability, in the amount of$1,000,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of CONTRACTOR'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 6 coverage in the policy. The insurance certificates for General Liability shall include the CITY as an additional insured and shall contain a waiver of subrogation endorsement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing)and will be kept on file in the Office of the Risk Manager. The CITY shall have the right to obtain from CONTRACTOR specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. CONTRACTOR is also solely responsible for obtaining and submitting all insurance certificates for any sub-contractors. Compliance with the foregoing requirements shall not relieve CONTRACTOR of the liabilities and obligations under this Section or under any other portion of this Agreement. CONTRACTOR shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either Party'with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, CONTRACTOR and the CITY expressly waive any rights either Party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The CITY desires to enter into this Agreement only if in so doing the CITY cans place a limit on the CITY's liability for any cause of action, for money damages due to an alleged breach by the CITY of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. CONTRACTOR hereby expresses its willingness to enter into this Agreement with CONTRACTOR's recovery from the CITY for any damage action for breach of contractto be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, CONTRACTOR hereby agrees that the CITY shall not be liable to CONTRACTOR for damages in an amount in excess of$10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the CITY by this Agreement. Nothing contained in this section or elsewhere in,this Agreement is in any way intended to be a waiver of the limitation placed upon the CITY's liability, as set forth in Section 768.28, Florida Statutes. 7 � SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, CONTRACTOR shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, CONTRACTOR shall comply with all applicable laws, ordinances, and regulations of the CITY, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of'this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the.CITY and shall not otherwise be made public and/or disseminated by CONTRACTOR , without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All 'reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the CITY, and shall not be subject to any application for copyright or patent by or on behalf of the CONTRACTOR or its employees or sub-contractors, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to CONTRACTOR, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the CITY's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. CONTRACTOR shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING 8 CONTRACTOR shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the City Manager's sole judgment and discretion. Neither this Agreement, nor any term or'provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment(unless approved) shall be void. -� 10.4 PUBLIC ENTITY CRIMES Prior to commencement of-the Services, CONTRACTOR shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the CITY's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, CONTRACTOR shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, CONTRACTOR shall comply fully with the CITY of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the CITY Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST CONTRACTOR herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions., as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the CITY of Miami Beach,Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. _ CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. CONTRACTOR further covenants that in the performance of this Agreement, CONTRACTOR shall not 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 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) CONTRACTOR shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. 9 (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the CITY. (C) Pursuant to Section 119.0701 of the Florida Statutes, if CONTRACTOR meets the definition of"Contractor" as defined in Section 119.0701(1)(a), CONTRACTOR shall: (1) Keep and maintain public records required by the CITY to perform the service; (2) Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if CONTRACTOR does not transfer the records to the CITY; (4) Upon completion of the Agreement, transfer, at no cost to the CITY, all public records in possession of CONTRACTOR or keep and maintain public records. required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the. CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the CITY's contract for. services must be made directly to the CITY. If the CITY does not possess the requested records, the CITY shall immediately notify CONTRACTOR of the request, and CONTRACTOR must provide the records to the CITY or allow the records to be inspected or copied within a reasonable time. (2). CONTRACTOR 's failure to comply with the CITY's request for records shall constitute a breach of this Agreement, and the CITY, at its sole discretion, may:. (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) If CONTRACTOR fails to provide the public records to the CITY within a reasonable time, CONTRACTOR may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against CONTRACTOR to,compel production of public records relating to the CITY's contract for services, the court shall assess and award against CONTRACTOR the reasonable costs of enforcement, including reasonable attorney fees, if: . a. The court determines that CONTRACTOR unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written 10 notice of the public records request, including a statement that CONTRACTOR has not complied with the request, to the CITY and to CONTRACTOR. (2) A notice complies with subparagraph (1)(b) if it is sent to the CITY's custodian of public records and to CONTRACTOR at CONTRACTOR 's address listed on its contract with the CITY or to CONTRACTOR 's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) If CONTRACTOR complies with a public records request within 8 business days after the notice is sent, CONTRACTOR will not be liable for the reasonable costs of enforcement. (F) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(c MIAMIBEACHFL.GOV PHONE: 305-673-7411 SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of CONTRACTOR and the CITY listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing; all such notices and,communications shall be addressed as follows: TO CONTRACTOR: ISI WATER COMPANY 5215 Fidelity Street Houston, TX 77029 Attn: Steve Hooper TO CITY: City Manager's Office City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Attn: Jimmy L. Morales, City Manager WITH A COPY TO: City of Miami Beach, Public Works Department 1700 Convention Center Drive 11 • Miami Beach, FL 33139 Attn: Roy Coley, Public Works 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 provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The CITY and CONTRACTOR agree that this is the entire Agreement between the Parties This Agreement supersedes all prior negotiations, correspondence, conversations, Agreements or understandings applicable to the matters contained herein, and there are no commitments, Agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the Parties to this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. 12 FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: CI Clerk ''����..�.�.�• Or E Af Date: / �l — 1`` # - OSP S. ORATED: FOR CONTRACTOR: �� <<;• 1 I wile. COMPANY ATTEST: J HBY: A .411att. \`�� and_ 2 . 1 AVAA CWCc t , 4-ate Waqi 9/ /1 Print Name and Title Print Name and TWA Date: I 0(02-/ ZL t APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION • j‘iL00A--- ( City Attorney Date T 13 EXHIBIT A SCOPE OF SERVICES Scope of work for the revenue enhancement study of the CITY's Utilities department shall include, but not be limited to, the following tasks to identify and recover: • Identifying and analyzing the cause of revenue loss from unread, mis-read and un- metered water and sewer usage, wastewater services problems, meter related malfunctions (meter inaccuracies due to meter age shall not be considered for the purpose of compensation), or lost accounts, and recovering associated lost revenues. • lost revenue due to un-read, mis-read, and un-metered water accounts.. • lost revenue due to incorrect billing and collection of the CITY's water, sewer and stormwater charges billed to the CITY's utility customers. • lost revenue due to incorrect billing and/or collection of the any other service areas identified in the Commission Memorandum dated May 16, 2018. • Meet with the Public Works Department, Office of Budget and Performance Improvement(OBPI)and Finance personnel to discuss objectives of the study, the departments involved, the sections and functions to be included in the study, and organizational changes that have occurred since the last study was implemented. • Review the results of the previous revenue enhancement study from 2009, if available. • , Collect any data needed for the applicable fiscal year(s)and area(s) being studied. • Collect organizational, personnel, and financial information relative to the study. • Develop an expenditure analysis which ties back all revenue study elements to the department(s) affected. • Quantifying the potential revenue enhancement associated with the correction of these problems. • Produce a draft document, including all supporting discoveries, statistical data, recommendations, and assumptions for review by CITY staff. • Incorporate comments from CITY staff, and provide a final report including all supporting discoveries, statistical data, and assumptions in original form (i.e., Word, Excel) as well as in PDF format. • The study shall determine where new operational efficiencies may be implemented to provide more future control. I I. CONTRACTOR shall provide the investigation, Work Orders, and field services necessary to maximize the billable revenue for the CITY.. A) Investigation and Field Work B) CONTRACTOR shall: 1) Investigate each Account and determine if there is a loss of revenue to the CITY associated with that Account. 2) Submit Work Orders with recommendation for changes in billing procedures and/or changes in physical service. This information will be provided for each Account. - 14 C) Reports 1) CONTRACTOR shall provide to the CITY on a periodic basis a complete list of all Accounts researched on which CONTRACTOR has identified potential increased revenues to the CITY. This Research Report shall be submitted for the purpose of"Documenting the Find" and CONTRACTOR shall be entitled to its portion of the Increased Revenues on said Accounts(CONTRACTOR Share), if the Work Order(s) included therein are subsequently approved, by the City Manager or the City Manager's designee Agreement. 2) On each Account for which CONTRACTOR has Documented the Find and the CITY has collected Increased Revenue, CONTRACTOR shall provide a detailed report that quantifies Increased Revenue prepared from the information received from the CITY in the monthly account data download. This report typically contains at least the following information: a) Work Order number b) Account Number c) Cycle counter(indicates progression through the revenue sharing period) d) Amount of customer billing (from the download) e) Base Revenue f) Calculation of Increased Revenue g) Calculation of CONTRACTOR Share 3) CONTRACTOR may provide the Agreement City Manager(or designee)a status report on a frequency agreed to by the Parties. This report is to be inclusive of all Accounts that are deemed by Contractor to justify action and on which a Work Order has been generated in the prior month. D) CONTRACTOR warrants that all work shall be performed in a good and workmanlike manner meeting the standards of quality prevailing in the CITY ordinances for services of like kind. CONTRACTOR further warrants that trained and skilled ' persons who have been previously approved by the CITY shall perform all Work. III. In certain rare cases, CONTRACTOR may discover a Find on an Account of which the CITY has prior knowledge and is attempting to remedy. Such a Find being remedied by the CITY is exempted from CONTRACTOR Work. These cases fall into two categories and require that CONTRACTOR shall: 1) for a period of 60 calendar days from the date of the inception of a new Account problem that originates during the term of this Agreement, refrain from submitting a Work Order related to that Find, and 2)for a period of 60 calendar days beginning at the Notice to Proceed date, refrain from submitting a Work Order for any specific problem on an Account that is known to the CITY and is made known to CONTRACTOR, that the CITY is in the process of remedying on that Account. It is agreed by the Parties hereto that the purpose of this Section 2.03 is to define and agree to the period of time for the CITY to remedy new problems that it discovers, and/or to remedy 15 v ' known situations. This will minimize duplication of effort, thus keeping project resources focused on providing maximum benefit to the'CITY. IV. Certain Duties of the CITY: A) In addition to its other duties under this Agreement, the CITY shall, to the extent permitted by law for each Account, promptly provide access to all the data and records in the possession of the CITY and provide copies of any documents in the possession or control of-the CITY or available to the CITY which are requested by CONTRACTOR and are reasonably necessary for CONTRACTOR to perform its duties under this Agreement. CIS data shall be in two forms. 1) The CITY will create a monthly download of Account data, typically a backup file of the Utility Billing System. a) The CITY will exercise all reasonable haste in timely creation of download #1. b) The download will be created monthly by the CITY on the same day of each month for the duration of the project to support both field operations and Increased Revenue calculation. c) The day of the month selected for download will be determined solely by,the CITY. d) The download content and naming of tables and fields will be consistent and not vary unless first agreed to by the CITY and CONTRACTOR. e) The CITY will transmit via the best secure method agreed to by the CITY and CONTRACTOR. f) In the event that the provision of data is interrupted for any period of time, the Term shall be extended by an equal period of time. 2) The CITY will establish a password protected "read only" live link to the CIS for the viewing and extracting of "real time" information by CONTRACTOR: At no time will CONTRACTOR be able to input a change or modification to an Account by way of this link. B) Upon execution of this Agreement by all Parties, the CITY will establish the day of the month for the monthly Agreement status meeting which is to be attended by the key stakeholders (Agreement City Manager(or designee), Billing, IT, Meter Operations). C) The CITY shall review all Work Orders submitted by CONTRACTOR under Exhibit A, Section II(B) (2) hereof and shall advise CONTRACTOR of the disposition of the Work Order request (approved or denied). The Parties agree that every effort will be made to expedite this disposition, as it bears on the CONTRACTOR's ability to perform. 8) The CITY shall timely implement the recommended corrective action identified in the Work Order once approved and notify CONTRACTOR of this action once complete and the date of completion. Changes to account data such as billing code changes shall be accomplished within thirty calendar days. Should'this not occur within the time frame specified, the CITY shall issue to CONTRACTOR written notification of an extension. Work Orders that involve changes to physical service shall be expedited with all reasonable haste. Both Parties recognize and agree that the purpose and intent of the project cannot be realized until approved changes have been implemented and accounts are fairly and accurately billed. E) The City Manager (or designee) shall assist CONTRACTOR in its dealings with any CITY department.' F) The CITY shall acknowledge that CONTRACTOR has Documented the Find pursuant to Section 2.01 (C) (1), by promptly entering the appropriate information related to the Account within the "CIS" System, or by whatever other method the CITY chooses. Once 16 documented, the CITY shall not deny approval of a Work Order due to any action taken by the CITY during the approval process. G) At all times,the spirit of this Agreement will be upheld by both the CITY and CONTRACTOR. CONTRACTOR is performing a service to the CITY by increasing revenue to the CITY. The CITY has given CONTRACTOR authorization to perform the defined duties of this Agreement and will not hinder, restrict, delay or compete with CONTRACTOR performance of these duties. • 17 Exhibit B - Sample Work Order ISI Yater Company WORKORDER#006 Worl1 Order SERVICE ADDRESS: Joseph A. Customer-3589 NE 6 AVENUE,Anywhere,FL 12345 Account No.: 10-14-12510-05 Meter Number: 9347009 Account status: active Folio No.: 123456789 Meter size: 5/8 Work Order Type ❑Unlisted service UMeter Size UActive vs Inactive ❑Physical Cond. ❑Read and/or Estimate ❑Sewer Credit ❑Fireline Usage ❑Other ❑Account Coding ❑Inside vs Outside City Discovery Note and Comments WCA researched the account and interviewed the customer in the field.The rate billed for water and sewer service reflected the inside City limit rate. During the field research process,it was observed and verified that the physical property is located outside the City limits. Recommended Corrective Action Modify the account code to accurately reflect the rate for a property outside the City Limits. Water Find: T/F ** Sewer Find: T/F ** Stormwater Find: T/F Estimated Monthly Increase in Revenue $45.00 Increased Revenue Find: T/F ** Cost Savings Find: T/F Submitted: Date Submitted: Approved: Date Approved: ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Item Coversheet Page 1 of 3 tn • Resolutions-C7 Z MIAMI BEACH • COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: September 12, 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. 2018-234-JC FOR REVENUE ENHANCEMENT STUDY FOR UTILITIES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ISI WATER COMPANY, THE TOP RANKED PROPOSER; AND, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH ISI WATER COMPANY, AUTHORIZING • THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH UTILITY REVENUE MANAGEMENT COMPANY, THE SECOND-RANKED PROPOSER; AND, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH UTILITY REVENUE MANAGEMENT COMPANY, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH ELITE CONSULTING SPECIALISTS, INC., D/B/A ECS BUSINESS SERVICES, THE THIRD RANKED PROPOSER; AND, FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT-UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION Adopt the Resolution. ANALYSIS The City periodically reviews its business units to assure that operations are being performed in the most robust and prudential manner possible.In this regard,the City determined it was necessary to conduct a revenue enhancement study,for the purpose of analyzing the City's Utilities Department to identify and recover un-read,mis-read,and un-metered water revenues. =, At the March 31, 2017 Finance and City Wide Committee meeting, a referral from the City Commission was (Item C4N) was discussed regarding the engagement of a Revenue Enhancement Consultant to study the City's Utilities Department. It was discussed to repeat the revenue enhancement study of the City's Utilities Department previous performed in 2009. Direction was given to identify other areas for cost reduction potential so that an RFQ could be issued for revenue enhancement review. At the June 30, 2017, Finance and City Wide Committee meeting, staff presented those areas where the city would benefit from this type of evaluation and those areas where an evaluation would not be necessary since a review has been recently performed by other parties. The Administration recommended conducting a revenue enhancement study of the City's Utilities Department, since the last study was performed in 2009. • The recommended scope of services included, but was not limited to, the requirement that the awarded Consultant should have a , minimum of five(5)years'experience in performing similar work for govemment agencies, particularly in municipalities, is preferred for the revenue enhancement study of the City's Utilities Department.This should include expertise and nationwide experience in teaming with state or local government utilities to identify and recover un-read, mis-read, and un-metered water revenues. Additionally, the Consultant shall be required to provide services leading to identifying an analyzing the cause of revenue loss from unread,mis-read and un-metered water and sewer usage, wastewater services problems, meter related malfunctions, or lost accounts. Finally, the Consultant shall be able to quantify the potential revenue enhancement associated with the correction of lost revenue, including providing a written analysis detailing such findings,and recommendations for future improvements and solutions. On May 16,2018,the Administration returned to the Committee to seek approval for the issuance of the RFP.The City issued the solicitation on May 16, 2018, as RFP No. 2018-234-JC for Revenue Enhancement Study for Utilities, through www.publicpurchase.com.586 vendors were notified of the RFP. 84 vendors accessed the solicitation. A voluntary pre-proposal conference was held on May 31,2018:.On August 8, 2018 the City received a total of three(3)proposals from the following firms: ISI Water Company ("ISI"); Elite,Consulting, Specialists, Inc., d/b/a ECS Business Services ("ECS"); and Utility Revenue Management Company("URM"). • https://miamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=9648 9/4/2018 Item Coversheet Page 2 of 3 On August 16, 2018, the City Manager, pursuant to LTC No.457-2018, appointed an Evaluation Committee(the"Committee"), to consider the proposals received. The Committee convened on August 30, 2018, to consider the proposals received. The Committee was comprised of the following: Mark Coolidge,Assistant Internal Auditor, Internal Audit Department; Lys Desir, Water and Sewer Superintendent, Public Works Department; Jay Fink, Assistant Director, Public Works Department; Manny Marquez, Assistant Director,Finance Department;and Benjamin Nussbaum,Revenue Manager,Finance Department. The following individuals were appointed as alternates: Norman Blaiotta, Senior Auditor, Internal Audit Department; Roy Coley, Director, Public Works Department; Natasha Nicholson, Senior Management Analyst, Public Works Department;Allison Williams, Deputy Finance Director, Finance Department. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, as well as general information on the scope of services and a copy of each proposal, and was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP. The evaluation process resulted in the following order of ranking: 1st ISI Water Company 2nd Utility Revenue Management Company J 3rd Elite Consulting Specialists, Inc.,d/b/a ECS Business Services The following is a brief summary of the ranked proposers: ISI Water Company According to its proposal, ISI Water Company is headquartered in Houston, TX,and is a well-respected and experienced revenue recovery company.Their experience in revenue studies for municipal utility departments nationwide, began in 1989.Since initiating the first ever project of this nature in the nation twenty-nine(29)years ago,they have gained substantial national experience from a diverse group of very successful contract opportunities including, Fort Lauderdale, Florida, Mirainar, Florida, Gainesville, Florida, Hillsborough County,Florida, Pinellas County,Florida,Boynton Beach,Florida,Salt Lake City, Utah,Jackson, Mississippi,and New Orleans, Louisiana.While teaming with utilities as large as 374,000 accounts in Miami.Dade County and as small as 1,600 in Florida City, the firm has increased the billings and collections to clients substantially, in some cases resulting in over$2-$3 million dollars of annual increased revenue. Utility Revenue Management Company According to its proposal, ISI Water Company is headquartered in Houston,TX,and is a well-respected and experienced revenue recovery company. URM was founded in 1992 and has successfully completed thirty-one (31)revenue recovery contracts. URM states that its revenue enhancement programs have allowed utilities across the United States to increase their billable revenues by over $50 million annually. Some of URM's recent revenue enhancement/recovery projects include the Charleston (SC) Water System, Cobb County (GA) Water System,Fulton County (GA) Department of Finance, City of Columbus (OH) Department of Public Utilities,and the City of Columbia(SC). Elite Consulting Specialists,Inc.,d/b/a ECS Business Services According to their proposal,ECS Business Services has been in business for 19 years providing auditing services for water revenues, including stormwater revenues, and general utility auditing services and revenue enhancement services to its.clients. ECS has amassed experience locally by servicing"clients such as 4770 Condominium Association, Loft Downtown Condominium, and the Galleon Condominium.Their most recent work has resulted in over$175,000 in savings and refunds to clients. CONCLUSION I have reviewed the proposal submissions and the results of the Evaluation Committee process. In doing so, I note that ISI Water Company, the top ranked proposer,received a unanimous first place ranking by the committee. The committee was especially impressed with ISI's extensive experience with work similar to the work identified In the solicitation, its large base of local clients, and its superior analytical and technological capabilities. Utility Revenue Management Company was the determined by the Evaluation Committee to be the second ranked proposer. The committee commented-on URM's years of experience with similar projects. ECS was the determined by the Evaluation Committee to be the third ranked proposer. The committee commented on ECS's detailed approach to the project and the savings identified in some of its prior projects. Accordingly, I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations ISI Water Company, the top ranked proposer;and,if the Administration is not successful in negotiating an agreement - with ISI Water Company, authorize the Administration to negotiate an agreement with Utility Revenue Management Company,the second-ranked proposer;and,if the Administration is not successful in negotiating an agreement with Utility Revenue Management Company, authorize the Administration to negotiate an agreement with Elite Consulting Specialists, Inc., d/b/a ECS Business Services, the third ranked proposer; and, further, authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. KEY INTENDED OUTCOMES SUPPORTED Strengthen Internal Controls To Achieve More Accountability https://miamibeach.novusagenda.corn/AgendaWeb/CoverSheet.aspx?ItemID=9648 -. 9/4/2018 Item Coversheet Page 3 of 3 Legislative Tracking Public Works/Procurement ATTACHMENTS: Description O Attachment A https://miamibeach.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=9648 9/4/2018 Resolution No. 2018-30655 • 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. 2018-234-JC FOR REVENUE ENHANCEMENT STUDY FOR UTILITIES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ISI WATER COMPANY, THE TOP RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO. EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, the City periodically reviews its business units to assure that operations are being performed in the most robust and prudential manner possible; and WHEREAS, the City-determined it was necessary to conduct revenue enhancement studies, for the purpose of analyzing the City's Utilities Department to identify and recover un-read, mis-read, and un-metered water revenues; and WHEREAS, at the March 31, 2017 Finance and City Wide Committee ("the Committee") meeting, a referral from the City Commission (Item C4N)was discussed regarding the engagement of a Revenue Enhancement Consultant to study the City's Utilities Department;.and WHEREAS, at the June 30, 2017, Finance and City Wide Committee meeting, staff presented those areas where the City would benefit from this type of evaluation; and WHEREAS, the Administration recommended a revenue enhancement study of the City's Utilities Department, since no study has been performed since 2009; and WHEREAS, on June 30, 2017, the Committee approved the issuance of the RFP for a revenue enhancement study; and WHEREAS,the Committee also requested that the Administration come back to the Committee with the scope of the RFP to ensure consistency with what the Committee envisioned; and WHEREAS, on September 20, 2017, staff returned to the Committee to identify the scope of services developed for the RFP; and WHEREAS, on May 16, 2018, the Administration returned to the Committee to seek approval for the issuance of the RFP; and WHEREAS, - on May 16, 2018, the City issued RFP No. 2018-234-JC, for Revenue Enhancement Study for Utilities; and • WHEREAS, a voluntary pre-proposal conference was held on May 31, 2018; and WHEREAS, on August 8, 2018 the City received a total of three (3) proposals from the following firms: ISI Water Company; Elite Consulting Specialists, Inc., d/b/a ECS Business Services; and Utility Revenue Management Company; and WHEREAS, on August 16, 2018, the City Manager, pursuant to LTC No. 457-2018, appointed an Evaluation,Committee (the "Committee"), comprised of Mark Coolidge, Assistant Internal Auditor, Internal Audit Department; Lys Desir, Water and Sewer Superintendent, Public Works Department; Jay Fink, Assistant Director, Public Works Department; Manny Marquez, Assistant Director, Finance Department; Benjamin Nussbaum, Revenue Manager, Finance Department; and WHEREAS, the Committee convened on August 30, 2018, to consider the 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, as well as general information on the scope of services and a copy of each proposal, and was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP; and WHEREAS, the evaluation process resulted in the following order of ranking: 1st ranked proposer: ISI Water Company; 2nd ranked proposer: Utility Revenue Management Company; 3rd ranked proposer: Elite Consulting Specialists, Inc., d/b/a ECS Business Services; and WHEREAS, after reviewing the results of the evaluation committee process, and the proposals received, the City Manager exercised his due diligence and recommends that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations ISI Water Company, the top ranked proposer. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Proposals (RFP) No. 2018-234-JC for Revenue Enhancement Study for Utilities; authorize the Administration to enter into negotiations with ISI Water Company, the top ranked proposer; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this Al- day of December 2018. AO. an Gelber, Mayor ATTEST: 4 `''������w��q gI1111 W1 ���� APPROVED AS TO Rafae; . Granado, City lerk ;�t-,. •...'7 4 FORM&LANGUAGE ( :/ ••- �i, &FOR EXECUTION cg cN ;pED) *1cg- A, 9 ( • ., "'•• - City Attorney p.,ivpiDate ATTACHMENT B SOLICITATION (RFP) AND ADDENDUMS MIAMIBEACH • • i City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach,Florida 33139, www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 6 RFP 2018.234-JC REVENUE ENHANCEMENT STUDY FOR UTILITIES July 31, 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. ANSWERS TO QUESTIONS RECEIVED. Q1: Is it the City's expectation that the selected consultant "recover" the lost revenue identified? Al: The selected consultant is not be responsible for the actual recovery of any Identified lost revenues; although, the consultant shall be required to assist the City in providing any data necessary that may facilitate the recovery. Pursuant to Sectiioii 0200, Sub-sectior '4; no further questions wilt' be considered- Be reminded that. proposals are due on or before- 3:00p.m August 8, 2018, at City of'Miami: Beach,- Procurenient bepartmerit,Third PIQoC, 4755 Meridian Avenue,Miami Beach;FL- Any L 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(�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. Sin 4,1-rely, Ale renis Procurement Director 1 ADDENDUM NO. RFP 2018-234-JC 1 J MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue, 3`d Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ADDENDUM NO. 5 RFP 2018-234-JC REVENUE ENHANCEMENT STUDY FOR UTILITIES July 26, 2018 • This Addendum to the above-referenced RFP is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFP is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). - I. MODIFICATIONS. RFP DUE DATE AND TIME. Thedeadline for the receipt of proposals is extended until 3:00 PM, on Wednesday, August 82018,. at thedfollowing location: City of Miami Beach, Procurement Department, 1755 Meridian Ave, 3 Floor, Miami Beach, FL 33139. II. REVISIONS. Statement of Work Required. The following revisions have been made to the RFP,-Section-C2 of Appendix C. Scope of work for the revenue enhancement study of the City's Utilities department shall include, but not be limited to, the following tasks to identify and recover: 'lost revenue due to un-read, mis-read, and un-metered water revenues~ -lost revenue due to incorrect billing and collection of'the City's water, sewer and stormwater charges billed to the City's utility customers; d ost revenue due to incorrect billing and/or collection of the any other service areas identified in the Commission Memorandum dated May 16, 2018 (attached hereto). Additionally, after award, the City Manager may authorize a task order to the selected consultant to expand therevenue enhancement 'study to other areas of City expenditures, including (but not limited to): City's franchise fees, local municipal taxes & other taxes by the City's approved vendors in the customer billed areas of energy, cable, telecom, Internet, waste and other services with franchised or un-franchised agreements or lost revenue due to incorrect billing and collection of intergovernmental utility revenues. I ADDENDUM NO.5 RFP 2018-002-JC Ild. ANSWERS TO QUESTIONS RECEIVED. Q1: Will the City provide an electronic copy of the 2009 study referenced in Section 0200, item 2.0? Al: The Administration is unable to locate a copy of this study at this time. A copy will be provided if and when the document is located. Q2: Can the City Modify this RFP to have 2 distinct utility projects: Utility Project#1: verifying the accuracy of the meter readings, un-read meters and mis-read meters Utility Project#2: reviewing and analyzing the water bills in order to identify water, sewer and stormwater undercharges as a result of incorrect meter • sizes & incorrect rate billing protocols and calculations. Include the review of MB's franchise fees (energy, waste, telecom and cable) and local taxes (energy, telecom and cable)? A2: To be determined during negotiations. 1 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 c( miamibeachfl.00v. 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. Si/ ely' / � • lex Denis Procurement Director • 11 2 ADDENDUM NO.5 RFP 2018-002-JC i Competitive Bid Reports-02 E. MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 16,2018 • SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) NO. 2018-234- , JC, FOR REVENUE ENHANCEMENT STUDY OF THE CITY'S UTILITIES. RECOM MEN DATION Authorize the Issuance of the RFP. ANALYSIS At the March 31, 2017 Finance and City Wide Committee meeting, a referral from the City Commission was(Item C4N)was discussed regarding the engagement of a Revenue Enhancement Consultant to study the City's Utilities Department. It was discussed to repeat the revenue enhancement study of the City's Utilities Department previous performed in 2009. Direction + was given to Identify other areas for cost reduction potential so that an RFQ could be issued for revenue enhancement review. At the June 30, 2017, Finance and City Wide Committee-meeting,staff presented those areas where the city would benefit from ,. this type of evaluation and those areas where an evaluation would not be necessary since a review has been recently performed by other parties. The Administration recommended the following a revenue enhancement study of the City's Utilities Department,since the last study was performed in 2009. • On June 30, 2017, the Committee approved the issuance of the RFQ for a revenue enhancement study. The Committee also requested that the Administration come back to,the Committee with the scope of the RFP to ensure consistency with what the Committee envisioned. On September 20,2017,staff returned to the Committee to Identify the following scope of services for approval: • Consultant should have a minimum of five (5) years' experience in performing similar work for utilities, including 3 identifying and recovering un-read,mis-read,and unmetered water revenues. • • Consultant shall provide services leading to identifying an analyzing the cause of revenue loss from unread,mis-read and un-metered water and sewer usage,wastewater services problems,meter related malfunctions,or lost accounts. Finally, the consultant shall be able to quantify the potential revenue enhancement associated with the correction of lost revenue, including providing a written analysis•detailing such findings, and recommendations for future improvements and solutions. At its April 11,2018 meeting,directed staff to prepare an RFQ for the desired scope of work. SUBMITTAL REQUIREMENTS, Please Reference Section 0300, Page 12, RFP 2018-234-JC Revenue Enhancement 1' Consultant to study the City's Utilities Department. CRITERIA FOR EVALUATION. Please Reference Section 0400, Page 15,,RFP 2018-234-JC Revenue Enhancement Consultant to study the City's Utilities Department. CONCLUSION The Administration recommends that that the Mayor.and City Commission authorize the Administration to issue Request for Proposals(RFP)NO.2018-234-J C,for Revenue Enhancement Study of the City's Utilities Department. KEY INTENDED OUTCOMES SUPPORTED Strengthen Internal Controls To Achieve More Accountability FINANCIAL INFORMATION Grant funding will not be utilized for this project. Legislative Tracking Public Works/Procurement ATTACHMENTS: Description RFP 2018-234-JC draft l 1 � ' I Ji 1 • . WIAMI EH / City of Miami Beach, 1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT • Tel: 305-673-7490. • ADDENDUM NO. 4 RFP 2018-234-JC REVENUE ENHANCEMENT STUDY FOR UTILITIES July 9, 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 RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). _ I. MODIFICATIONS. . RFP DUE DATE AND TIME. The deadline for the receipt of,proposals is extended until 3:00 PM, on Friday, August 3, 2018, at the following location: City of Miami Beach, Procurement Department, 1755.Meridian Aye, 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 RafaelGranado a@miamibeachfl.gov. Procurement Contact: Telephone: Email: Jason Crouch , 305-673-7000, ext. 6694 JasonCToubh@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. - SOely , i /. ' f • Alex nis Iprocliement Director • / •r • 1 ADDENDUM NO.4 RFP 2018-234-JC • 2 , MIAMIBEACH f . , 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 - RFP 2018-234-JC - REVENUE ENHANCEMENT STUDY FOR UTILITIES June 22, 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 RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). . I. MODIFICATIONS. RFP DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 PM, on Friday, July 13, 2018, at the following location: City of Miami Beach, Procurement Department, 17.55 Meridian Ave, 3ru 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 Qffice at RafaelGranado a(�,miamibeachfl.ciov. . 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. •Si r-ly, , A le„ . , lexfinis . /'ro ment Director I ADDN0.3 RFP 2018ENDUM-234-JC • M.IAMIBEA:CH 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 2018-234-JC REVENUE ENHANCEMENT STUDY FOR UTILITIES June 15, 2018 I 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 RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. REVISIONS: The following changes have been made to Section 0300, Proposal Submittal Instructions and Format,TAB 1 of the RFP: • •_' 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 Processin-insurance Policies, Security Services, Shipping or Elevator Service Agreements) the proposal io •••• • -•• • e e ee - -•: 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. 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 c(�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. •i rely„)2.....,,f , . Alex e is Proc r• ment Director I •ADDENDUM NO.2 RFP 2018-234-JC ; I MIAM1-BEACH City of Miami Beach,'1755 Meridian Avenue, 3rd Floor, Miami Beach, Florida 33139, www.miamibeachfigov PROCUREMENT DEPARTMENT Tel: 305-673-7490. ' ADDENDUM NO. 1 RFP 2018-234-JC ' REVENUE ENHANCEMENT STUDY FOR UTILITIES June 15, 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 RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. ADDITION: TAB 5, PUBLIC BENEFIT, HAS BEEN ADDED TO PAGE 13 OF THE RFP AS FOLLOWS: . TAB Public Benefit • •5.1 Contribution to Educational Initiatives.The City maintains a 501(C)(3)that is used to support the educational initiatives of the Mayor and City Commission. Proposers may propose a recurring or non-recurring financial ,• contribution to the educational initiatives 501(C)(3), 5.2 Other Value-Added Public Benefits, Proposers may submit detailed information on how Proposer will include other value-added public benefits in the delivery of the proposed services,which may include any other benefits, contributions or services that benefit the City and its residents. 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( 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. • Sin r ly, • k.--,. lv72.: Al De s • • P ocur ent Director 1 ADDENDUM NO.1 RFP 2018-234-JC • REQUEST FOR PROPOSALSRFP f l Revenue Enhancement Study for Utilities • 2018-234-1C RFP ISSUANCE DATE: MAY 16, 2018 PROPOSALS DUE: JUNE 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 MIAMI 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 29 , APPENDIX E INSURANCE REQUIREMENTS 31 l 7177174-77. 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.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City periodically reviews its business units to assure that operations are being performed in the most robust and. prudential manner possible. Through this RFP, the City is requesting proposals from qualified firms experienced in conducting revenue enhancement studies,for the purpose of analyzing the City's Utilities Department. By way of this study, the City is seeking to identify and recover un-read, mis-read, and un-metered water revenues. Additionally, the City seeks the resulting study to culminate in a written analysis wherein the determined cause(s)of revenue loss, including wastewater service problems, meter related malfunctions, or lost accounts, are fully delineated and result in the recommendations for future enhancements to correct the problems. The last study of this nature was performed in 2009. 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. 3.ANTICIPATED RFP TIMETABLE.The tentative schedule for this solicitation is as follows: RFP Issued May 16, 2018 Pre-Proposal Meeting May 31, 2018 at 10:00 AM Deadline for Receipt of Questions June 19,2018 at 5:00 PM Responses Due June 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.gov 2018-234-JC 3, MIAMI BEACH Additionally, the City Clerk is to be copied on all communications,via e-mail at: RafaelGranado(a,miamibeachfl.gov; 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. 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 td any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado(a miamibeachfl.gov 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: htto://web.miamibeachfl.qov/procurementlscroll.aspx?id=79113 018-234-JC 4 MIAMI BEACH • 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 monthsfrom 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. 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. 7 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. 2018-23477 5 • MIAMI BEACH 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. 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. 717-717rir 6 MIAMI BEACH 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. 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 Cityimmediately 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 01,8-234-JC 7 MIAMI BEACH 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 applicablelaws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach.of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause 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. 8 MIAMI BEACH E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F.The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the.City may also require material information from the 'source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation,without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the'option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B., Addendum issued for this solicitation,with the latest Addendum taking precedence;;then C. The solicitation;then D. The Proposer's proposal in response to the solicitation. 40. INDEMNIFICATION.The Proposer 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. . 2 9 MIAMI BEACH 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes,)and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is,earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that.the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records'and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are. . exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this 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. 2018-234-JC 10 MIAMI BEACH 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 tokbe added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determineto obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page Intentionally Left Blank 2018-234-JC; 11 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 envelopeor 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 reviewof proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non-responsive and will not be considered. TAB 1 Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents.The-cover,letteLmust_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 or private sector client 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. 2.1.2.Submit any relevant case study samples. 2.2 Qualifications of Proposer Team. Provide an organizational,chart of all personnel and consultants to be used for this project if awarded,the role that each team member will play in providing the services 2018-234-JC 12 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. TAB 3 Approach and Methodology - Proposers are required to provide the following information regarding approach and methodology in the proposal submission: 3.1 Submit detailed information addressing how Proposer will achieve each portion of the scope of • services outlined in Appendix C, Minimum Requirements and Specifications, for Revenue Enhancement Study for City Utilities. 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, relevant to the approach and methodology proposed. 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 approach ,and methodology. TAB 4 Revenue Proposal Submit a completed Revenue Proposal Form (Appendix D). 5. 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 Proposal Form (Appendix D); and 4.3. Bid Bond if ap.licable Proposals that fail to include completed and executed 1) Proposal' Certification, Questionnaire & Requirements Affidavit, 2) Revenue 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). 6. 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/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 2018-234-JL 13 • 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. Balance of Page Intentionally Left Blank 2018-234-JC 14 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 r 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 t-Qualitative Criteria Maximum Points Proposer Experience and Qualifications 40 Approach and Methodology s 7 35 TOTAL AVAILABLE STEP 4 POINTS 75 � I 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 25 Veterans Preference 5 . TOTAL AVAILABLE STEP 2 POINTS 30r 2018-234-JC 1 15 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 I 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 •$200/$200 X 20=20 20 Vendor B $150 20 $1501$200 X 20=15 15 Vendor C $100 20 $100/$200X20=10 10 5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Procurement Department. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C' Ste. 1 Points 82 76 80 Committee '_ ;, Ste.2 Points 22 15 12 Member 1 };, Total 104 91 92 6,;;;,, ,, Ste. 1 Points 79 85 72 Committee ; Ste•2 Points 22 15 12 'Member=2i1 w>: Total 101 100 84 Ste• 1 Points 80 74 66 y Committee ..7u Ste.2 Points 22 15 12 z..Member.2„'T ;• .Total 102 89 78 Low Aggregate-Score - 3 • 7 8. Final Ranking' , 't - 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. 2018-234-J L 16 APPENDIX A Proposal Certification , Questionnaire & Requirements Affidavit RFP 2018-234-JC REVENUE ENHANCEMENT STUDY FOR UTILITIES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 •• 2018-234-JC 17 Solicitation No: Solicitation Title: 2018-234-JC Revenue Enhancement Study for Utilities 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. 18 2018-234-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 documentationproving 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 anpublic sector agency? YES an 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 eachindividual 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/respone 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 http://www.miamibeachfl.gov/city-hall/procurement/orocurement-related-ordinance-and-procedures/ 7. Living Wage. Pursuant to Section 2 108 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 les than $11.62 per hour with health care benefits of at least$2.26 per hour,or a living wage rate of no lees than$13.88 per hour without health care benefits 19 • ' 2018-234-JC benefits- 3. Effective January 1, 2020, covered employees must be paid a living wage rate of no Iccc than $11.78 per hour with • •• :- - - -•: ••- - - :-•- - - , : Resolution of the City Commission be indexed annually for inflation available at htto://www.miamibcachfl.eo<</cit',halllorocuramesatieracurcment related ordinance and procedures/ •iia - • - • - -- 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.Qov/city-hall/procuremenUprocurement-related-ordinance-and- procedures/ • 20 2018-234-JC 9. Public Entity Crimes.Section 287.133(2)(a), Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction'or repair of a public building or public work;may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. • SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi,nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring • . about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits • placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 13. Acknowledgement of 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 I Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. 21 2018-234-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 recipients 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, an'd 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. I 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. " 22 2018-234-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: • 23 2018-234-JC APPENDIX B " No Bid " Form RFP 201B-2a4-JC REVENUE ENHANCEMENT STUDY FOR UTILITIES • PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139, Not .: r t im oftant'icr'`those vendors whc have received"notification of jthis solicitatbn butt'nave,decided'rtot toF respond -to domp1eie and submit `tt `attcched °`Stafekl'ment'of No Bia ',. he.`'Statement of IS,fo Bid' provides The ir tormotran ori" ch*:,,.AO improve the. solicitation process:' :'Failure e.submit a "5:tatemerit or NO Bid' may result in not being nofifiectj ;.of :cure sOlicita'tiens.by the.,City. : . LL ,\f 2018-234-JC 24 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#2018-234-JC 1755 MERIDIAN AVENUE, 3rd FLOOR MIAMI BEACH, FL 33139 • 2018-234-JC 25 APPENDIX C bg r A y it f •;^+N-.= 74;'‘ • Minimum Requirements & Specifications RFP 2018-234-JC REVENUE ENHANCEMENT STUDY FOR UTILITIES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018-234-JC 26 Cl. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposersthat 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 services identified herein. SUBMITTAL REQUIREMENT. Submit information 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 (e.g., 2010- -' 2015). C2. Statement of Work Required. - The City is seeking proposals' from qualified firms experienced in conducting revenue enhancement studies, for the purpose of analyzing the City's Utilities Department. By way of this study, the City is seeking to identify and recover un-read, mis-read, and un-metered water revenues. Additionally, the City seeks the resulting study to culminate in a written analysis wherein the determined cause(s) of revenue loss, including wastewater service problems, meter related malfunctions, or lost accounts, are fully delineated. The City expects that the Consultant will produce recommendations for future enhancements to correct the identified problems. Fees paid to the awarded consultant would be based under a contingency-fees arrangement 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. Scope of work for the revenue enhancement study of the City's Utilities department shall include, but not be limited.to, the following tasks: • Consists of, but is not limited to, identifying and analyzing the cause of revenue loss from unread, mis-read and un-metered water and sewer usage, wastewater services problems, meter related malfunctions (meter inaccuracies due to meter age shall not be considered for the purpose of compensation), or lost accounts, and recovering associated lost revenues. • Meet with the Public Works Department, Office of Budget 'and Performance Improvement(OBPI) and Finance personnel to discuss objectives of the study, the departments involved, the sections and functions to be included in the study, and organizational changes that have occurred since the last study was implemented. • Review the results of the previous revenue enhancement study from 2009. • Collect any data needed for the applicable fiscal year(s)and area(s) being studied. Collect organizational, personnel, and financial information relative to the study. • Develop an expenditure analysis which ties back all revenue study elements to the department(s) affected. • Quantifying the potential revenue enhancement associated with the correction of these problems. • Produce a draft document, including all supporting discoveries, statistical data, - - 27 recommendations, and assumptions for review by City staff. • Incorporate comments from.City staff, and provide a final report including all supporting discoveries, statistical data, and assumptions in original form (i.e., Word, Excel) as well as in PDF format. • The study shall determine where new operational efficiencies may be implemented to provide more future control. Balance of Page Intentionally Left Blank 2018-234-JC: 28 _ APPENDIX D A "t7,- -1; riE444,4v 11 4 ( Revenue Proposal Form RFP 2018-234-JC REVENUE ENHANCEMENT STUDY FOR UTILITIES • PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ,2018-234-JC 29 APPENDIX D 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 deemednon-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. • Proposed Gross Net Revenue Description Revenue Savings to the City Sharing (*for calculation • • purposes only) Rate to the City 1. Revenue Share for Cost Savings Realized by the City as a Result of the Revenue % $100,000* $ Enhancement Study/Recovery 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. - Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: 2018-234-JC 30 APPENDIX E Tar rvt Insurance Requirements RFP 2018-234-JC REVENUE ENHANCEMENT STUDY FOR UTILITIES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018-234-JC 31 _ miAAAI BEAc H INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability,$ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 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. 777-7= 32 ATTACHMENT C CONSULTANTS RESPONSE TO THE (RFP) Detail by FEI/EIN Number Page 1 of 2 • Florida Deoartmant of State Divas,ori or CORPo?AriONs • on o(T:I:si;alar ajFluri f wv6?itu Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by FEI/EIN Number Foreign Profit Corporation . ISI WATER COMPANY Filing Information • Document Number F05000006430 FEI/EIN Number 20-2413479 Date Filed 10/19/2005 • State TX Status ACTIVE Principal Address 5215 FIDELITY STREET • HOUSTON,TX 77029 Changed:01/25/2011 • Mailing Address 5215 FIDELITY STREET HOUSTON,TX 77029 Changed:01/25/2011 Registered Agent Name&Address CAPITAL CONNECTION, INC:- 417 NC:417 E.VIRGINIA ST. • STE. 1 TALLAHASSEE, FL 32301-1283 Officer/Director Detail Name&Address Title PCD • HERBERT,TIMOTHY 5215 FIDELITY STREET HOUSTON:TX 77029 Annual Reports Report Year Filed Date 2017 01/04/2017 • 2018 01/05/2018 2019 01/29/2019 • http://s earch.sunb iz.org/Inquiry/C orporationS earch/S earchRe sultDetail?inqui... 6/6/2019 Detail by FEI/EIN Number . Page 2 of 2 • Document Images 01/29/2019—ANNUAL REPORT View image in PDF format • 01/05/2018—ANNUAL REPORT View image in PDF format 01/04/2017—ANNUAL REPORT View image in PDF format 01/08/2016—ANNUAL REPORT View image in PDF format • 02/21/2015—ANNUAL REPORT View image in PDF format 01/10/2014—ANNUAL REPORT View image in PDF format 01/17/2013—ANNUAL REPORT View image in PDF format 01/09/2012—ANNUAL REPORT View image in PDF format 01/25/2011—ANNUAL REPORT View image in PDF format • 01/23/2010—ANNUAL REPORT View image in PDF format 01/21/2009—ANNUAL REPORT View image in PDF format 01/16/2008—ANNUAL REPORT View image in PDF format 01/10/2007—ANNUAL REPORT View image in PDF format 01/23/2006—ANNUAL REPORT View image in PDF format 10/19/2005—Foreign Profit View image in PDF format n Florida Department of State,Division of Corporations • http://search.sunb iz.org/Inquiry/C orporationS earch/S earchRes ultDetai l?inqui... 6/6/2019 sunbiz.org - Florida Department of State Page 1 of 1 Florida Deoartment of State DIVISION OF CORPORATIONS A. 1:isyslo.H of , • eOrg f.?Pr' ),, ritr �:r dtti aff•;hil:wtt of.f aithJ web:Tlis . Previous on List Next on List Return to List •i Filing History , Fictitious Name Detail Fictitious Name WATER COMPANY OF AMERICA Filing Information Registration Number G14000029497 Status ACTIVE ) Filed Date 03/24/2014 l Expiration Date 12/31/2024 • Current Owners 1 • County MULTIPLE Total Pages 2 Events Filed 1 , FEI/EIN Number 20-2413479 Mailing Address • ' 5215 FIDELITY ST. HOUSTON,TX 77029 • Owner Information ISI WATER COMPANY 5215 FIDELITY ST. • HOUSTON,TX 77029 FEI/EIN Number:20-2413479 x Document Number:F05000006430 Document Images 03/24/2014--Fictitious Name Filing View image in PDF format 01/31/2019--Fictitious Name Renewal Filing View image in PDF format Previous on List Next on List Return to List • Filing History • , Florida Department or State,Division of Corporations • http://dos.sunbiz.org/scripts/ficidet:.exe7action=DETFEI&docnum=G 140000... 6/6/2019 1 WATER COMPANY OF AMERICA Serving Water,Wastewater,Stormwater and Solid Waste Utilities ...,.„ A._.w= .,, ='9v?nue=„^ancemert Snci'iV., Si.lce i943 I RESPONSE TO REQUEST FOR PROPOSAL Revenue Enhancement Study for Utilities RFP: 2018-234-JC Due Date: July 13,2018 3:00 PM Eastern Time Requested by City of Miami Beach, Florida Submitted to: Jason Crouch, Procurement Contracting Officer , Miami Beach Procurement Department 1755 Meridian Avenue,3`d Floor Miami Beach,Florida 33139 USA 305-673-7000 x 6694 Email:jasoncrouch@miamibeachfl.gov < - Submitted by: ISI WATER COMPANY Water Company of America (FL Fic Name Reg# G14000029497) Ada Izquierdo, Contract Manager 6320 SW 89 Ct Miami, FL 33173 Steven Hooper, General Manager 5215 Fidelity Street Houston,TX 77029 steveewatercompanvofamerica.com (281)352-0047 ATTEST: ...ze / \ 7_/3 --lam Steven Hooper Date General Manager,ISI Water Company g7[�r- a4,'”9 1,�t x''�,s f : a a E I ' . ; ..' ,.:-=.,..,--.:e t;. s ' :;,r. *.i 1+.. z. . , �r ,, 1 .r rr , ,t-Iii." -,.-.' 7't' 3 5 • •,' { v`�• f ,. y. f� .741,41.4i<Wat`e. Crei an � 'x„ 0 g9'` Zi,2 %, r S2'G5 idekity,,gtreot t{.64 -tort TX 7702.9r~. .9� 2.g1f.352 WY47. T '4d.re . int t f�"t, 5 <. ,„,t . L.W <.' hQs`f' `' ' E 4 .V,,,,.-1 s .F r.;^. �5.^'g M1, ,,,. , v- i6. .,-- ,r .•.t.,'. ,, * t �^ i , ?. ' +i '"�:�`.':'r..`'x '_. ` L WATER COMPANY OF AMERICA <� �j Revenue Enhancement Specialists Since 1989 July 13, 2018 Jason Crouch, Procurement Contracting Officer Miami Beach Procurement Division 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Subject: Cover Letter ISI Water Company (referred to herein as Water Company of America "WCA") is pleased to submit this response to the Request for Proposal 2018-234-JC entitled "Revenue Enhancement Study for Utilities" issued by the City of Miami Beach. The study proposed in this RFP is identical to previous and current projects performed by WCA for Municipal Utility Departments nationwide, the first in 1989. Since initiating the first ever project of this nature in the nation twenty-nine years ago, we have gained substantial national ' experience from a diverse group of very successful contract opportunities. While teaming with utilities as large as 374,000 accounts in Miami, Dade. County and as small as 1,600 in Florida City, WCA has increased the billings and collections to our clients substantially. The benefits of these increases in revenue are numerous and are detailed in our accompanying proposal. In response to this RFP, and as with all previous contracts undertaken, WCA's program of revenue enhancement is offered on a performance fee basis. WCA will bear all of its study costs. WCA will be entitled solely to a share of increased collected revenues generated by this program. WCA has a proven program for revenue recovery. We most sincerely appreciate the opportunity to provide assistance to the City in this project.The contact information and the person authorized by the Company to negotiate contract terms and render binding decisions of contract matters for the Company related to this RFP is as follows: Steven M. Hooper, General Manager 5215 Fidelity St, Houston,TX 77029 (281) 352-0047 (direct); steve@watercompanyofamerica.com WCA has adopted a code of business ethics that states that WCA will comply with all applicable laws, support and endorse antidiscrimination efforts and apply tangible business practices to utilize the full benefit of a supplier base that reflects the diversity of the American supplier community. WCA is committed to an equal opportunity employment effort. WCA is at all times committed to maintaining a Drug Free Workplace. As stipulated in the RFP, thisproposal is valid for a minimum period of 120 days following the proposal opening date of July 29, 2018. WCA acknowledges three (3) addenda. Respectfully submitted, Steven Hooper, GM TABLE OF CONTENTS Tab 1 Cover Letter& Minimum Qualifications Requirements Cover Letter Table of Contents Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A) Minimum Qualifications Requirements Tab 2 Experience & Qualifications Qualifications of WCA Qualifications of the WCA Team Tab 3 Approach &.Methodology System Concept and Solution (tasks, steps and flow chart) Sample System Inaccuracies addressed by WCA Problem Types, Explanations and Solutions - Value Added Services Tab 4 Revenue Proposal Tab 5 Public Benefit I T, APPENDIX A A §: -1\ A Pt., A i jLI V $ g Tr, V 5 . Proposal Certification , Questionnaire Requirements Affidavit . RFP 2018-234-JC,, REVENUE ENHANCEMENT STUDY FOR UTILITIES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018-234-Je 17 Salidtation No: - Solicitation Title: 2018-234-JC Revenue Enhancement Study for Utilities 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: //�� ‘40.441- -I /� ST Kf LI.TB.r�.+(�I+A. a.A../ dtf0. W4ee-C 01243,AN o't' �►At-ra No of Years in Business: l No of Years in Business Ily 2q 23 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 3'2 i S Fl de.101-11 S4 CITY: STATE: ZIP CODE: 7 70 2 t �xaS TELEPHONE NO.: 7 -!� . -00+7 TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: 4 3 2 0 S t4 a9 n� CITY: to STATE: r ZIP CODE: 33173 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: 11 stege /405-e-, ACCOUNT REP TELEPHONE NO.: 28/ —3 5 i — 0047 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL / FEDERAL TAX IDENTIFICATION NO.: I Zo — z47e1 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. 18 2018-234-JC 1. Veteran Owned Business.Is Pro ser claiming a veteran owned business status? YES V 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&Tine,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 V 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 http;//www-miamibeachfl.gov/city-halltrocurement/procurement-related-ordinance-and-procedures/ • benefits- :.' _ -- . 19 2018-234-JC benefits: ', - •- - • • •- benefits- ••t. . .• . . - -- - • ::.• _ • • • --.. . -.... 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contract alued at over$100,00 whose contractors maintair(51 or more full time employees on their payrolls luring 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 performi.ng work on the contract within the City of Miami Beach. /4t �-SL Wa-�'..4' aim+ � Las (-ec s a.,. 5� pax �-�- ° t' '.e-s . O2 7 ICS A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? 1511 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 MI 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•miamibeachfi.gov/city-halliprocurementlprocurement-related-ordinance-and- procedures/, 20 2018-234-JC 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, . proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 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 Citys 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 applicants criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and(iii)prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 13. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. . . Initial to Confirm Initial to Confirm Initial to Confirm Recel t 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. 21 2018-234-JC _'- DISCLOSUREAND DISCLAIMER SECTION. v • - 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. 22 2018-234-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 Propposer's Authorized Rep1ppr esentative: Title of Proposer's Authorized Representative: 5.-/eve ye n Signature of Proposer's Authorized RepresentativDate: J f State of R+9A ) On this Z!day,of��U(1e. ,20 l gpersonally } appeared before me who. 'CoustyLo -f O r r r 5 ) stated that (s)he is the G a-.O tri la v- of LvctA-er CD, , 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: Q til rill Notary Public for the State of Etecide -s,t*6 .�� My Commission Expires: I D-2 - aLaQ a5 �A i`>7J e� i�y - ����rPvt{{NCQ,@,� FAREN MALLETT 1 •= :Notary Public,State of Texas • r 4ST.% .4"5-=�gComm.Expires 12-22-2020 ' '',7„p `NoNotary ID 1/9204225 2018-234-JC pti of /7/g1/1,974( Solicitation No: Solicitation Tffle: 2018-234-JC Revenue Revenue Enhancement Study for Utilities Procurement Contact Tet 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 Wa 'e-r C OMpaw dt+a. 1444)-Co"11,44.•� oP /'ti NAS? No of Yes In Eusfru No of Years in BusinessL y: Z4 2 3 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): cnSZ .6" F..del:},.� S} 1•4Ow }9vt STATE: ZIP CODE: . 7702. ?�O Z x4 S TELEPHONE NO.: 2,9 I -3 - +7 TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: 4320 L W €9 C,e- CITY: M n04.14. STATE: e". 33173 CODE 3317 3 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ...Wee.,ey ACCOUNT REP TELEPHONE NO.: Zg r -:352 —00 47 ACCOUNT REP IOU.FREE NO.: ACCOUNT REP EMAIL: j \ J .5 PGI2 W 4r"tzmf4-ecyo-caa. .COM FEDERAL TAX IDENTIFICATION NO.: I ,Zo — 24/.3t76/ 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,fmandal information,or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. 2018-234-JC 18 • 1. Veteran Owned Business,is Pro r claiming a veteran owned business status? YES V 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&Titie,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 tolnon-p,rfo Sane by(any�publicl sectoragency? Y 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 2-430 of the City Code. Proposers shall be solely responsible for ensuring that ail 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 ail individuals or entitles(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 appicabte 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 ht4o:l/www.miamibeachfi.gov/div-halt/procurement/procurement-related-ordinance-and-procedures( -• .. .. benefits, .. . 2018-234-JC 19 benefits, r '' benefice 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awardin competitively solicited contract aIued at over$T00,000 whose contractors mat:Italica or more full time employees on filepa II udng 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. Wake.: Jakat' C9sol► L&-s kc s 5l p•4t .4•-•- &flit 6Y4es oamro� A. Does your company Rroviae 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 ME 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 areprovided 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 ✓ V. 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 htto:/www.miamibeachfi.gov/city-halIh rocurementlorocurement-related-ordnance-and- • procedures/ 20 2018-234-JC 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 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 shaft 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 foil 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 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 whichmay 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. initel to Confirm Initial to Confirm tnWal to Confirm R: t Receipt - r Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 %i 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.: 2'�3/.../g. 21 2018-234-JC �°tom- / �4''n• ;. ti.'�' .",= . t_ .., DISCf:OSURE'AND DISCF1MER':SECTIOIV:", ^'�" �_ _<� _ .. ^ _ 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 andexecuted 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. J 22 2018-234-JC "h __ PROPOSER CERTII'iCATIQN` 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 otherproposal; 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: 5-/even goo De-r Signature of Proposer's Authorized Representativ : Date:. J -I E .*091j2 &Is State ofaORIDA ) On this 2 day of ,20 a personally } appeared before me who County=o-f Natrtr i ' ) stated that (s)he is the Ofcr rte9 & & eV" • oft'S ,iiat- Co. , 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: /k 1& Notary Public far the State of F4Gfi4 Tx.2S My Commission Expires: ID-2oaoDo �0...NiVroL,rtti � •_ � r� � FAREN MALLET(' ;r°. 4o'sHotary Public,State of Texas C u Gtr i �. ? Comm.Expires 12-22-2020 ,rrrf" Notary 10 129204225 C+wi t au °1 . • 23 2018-234-JC • Miami Beach RFP 2018-234-JC Tab 1 -1.3 Minimum Qualifications Requirement:WCA must have been in business a minimum of 5 years providing the same service. WCA has been in business in Florida since 1995 providing the same service.This is WCA's only service. Florida Contracts within the past 5 years are highlighted. WATER COMPANY OF AMERICA CLIENT LISTING i Contract Utility Service Total Approved Annual • Period Governmental Entity ' Number of Work Increased Client Contact Title Telephone Wat Sew Storm Accounts Orders Revenue - 2017-Current '^b J{ rfiVV:F'4144?`t 2„rY : x x • 60,000 21 $ 85,499 Charles Richards Customer Service/Finance Manager 863-298-4135 2017-Current Loveland,CO x x x 24,000 58 21,874 Jim Wedding Revenue Manager 970-962-2703 2017-Current Mobile Area Water/Sewer System x x 90,000 6 51,048 Bud McCrory Assistant Director-Administration 251-694-3149 2017-Current Vicksburg,MS x x x 9,000 18 92,453 Tammye Christmas Director,Water&Gas Administration (601)634-4561 2017-Current Hattiesburg,MS x x x 15,000 153 138,126 Frances Griffin Division Manager,Utility Billing (601)545-4604 2016-Current Salt Lake City,UT x x x 112,000 29 368,115 Kurt Spjute DPU Chief Financial Officer , 801-483-6755 2016-Current10=1,302F717=4 x 89,000 5,236 156,880 Mary Fneg Project Manager 352-393-8366 2016-Current; tIFL � x 6,000 90 192,636 Eric Gomez City Engineer (305)221-0411 2016-Current Pascagoula,MS x x 14,000 42 50,800 Robert Parker Comptroller/City Clerk (228)938-6716 2015-Current Gautier,MS x x x 9,000 3 ( 14,447 Chad Jordan Project Manager (228)497-4283 2015-Current LO1:s11ial.F7LA1/,._;�r. x x x 8,000 134 123,478 Al Braithwaite Administrative Services Director (813)749-1107 2014-Current Heber City,UT x x x 5,000 10 14,219 Mark Anderson .City Manager (435)654-0757 . 2014-Current Payson,UTx x x 5,000 16 53,198 Dave Tuckett City Manager (801)465-5209 2014-Current Springville,UT x x x ' 6,000 18 22,313 Bruce Riddle City Manager / - (801)489-2708 ' 2014-Current Pleasant Grove,UT x 3,000 - - Former Director Retired 2014-Current , nd MilE1 - ik Ey x x x 8,000 181 136,866 Former Director(Ken Resor)Retired 2014-Current iraihesv1ta Raeyi ILT tit;•lies ;• x x 89,000 133 200,593 Steve McElroy Technical Systems Analyst Sr. 352-393-1653 v�+. 2014-Current L erd ,'r1�17 - x x.., 68,000 158 471,871 Pam Winston Customer Service/Billing , , 954-828-5274 2014-Current 1.7=6, 1 x I x 31,000 12 8,667 Kimball Adams Management Services Director 727.587-6747 2014-Current Irarar, Fti.''r7jrr`, x x 38,000 24 102,333 Claudia Dixon Finance Director 954-602-3049 2014-Current dace Naterii`Sy ern` J({,L'. x x 14,000 8 33,000 Damon Boutwell General Manager 850-994-5129 2014-Current Biloxi,MS x• x 18,000 634 984,848 David Nichols Former City Manager 228-374-1810 2014-Current St Bernard Parish,LA • x x 7,000 14 25i-106 Hillary Nunez Department of Public Works 504-442-4300 2014-Current fir loor0ug Cc:u,t il.pi,A, x x 135,000 65 551,981 Gary Hunter General Manager III,Client Srvcs Grp 813-612-7725 2014-2017 Q„ y re t YN'4;'.tR x x x 12,000 2 3,333 Paul Stanek Water Division Director 727-244-2236 2013-2017Plraeiles.- nty.FL ,� x x 110,000 104 461,333 LeeAnn Stiles Customer Service Manager 727-464-4486 2012-Current Pinecrest,FL x 6,000 31 35,000 Maria Alberro Menendez Assistant Village Manager 305-234-2121 2012-2015 Melbourne,FL x x x . 52,000 5 25,333 Harold Nantz Public Works Asst.Manager 321-608-5000 2011-Current Gulfport,MS x x 26,000 594 1,066,667 Cheree Malley Former Utility Billing Manager 228-860-6507 2010-2015 Denver Water,CO x 226,000 353 487,969 Michelle Garfield Manager of Customer Care 303-628-6621 2010-2014 Cocoa Beach,FL x x 4,300 30 ' 33,000 Charles Holland Finance Director 321-868-3248 2010-Current Brevard County,FL x x x 85,000 52 127,803 Jim Helmer Director 321-633-2092 2010-2015 St Petersburg,FL x x x 90,000 102 474,939 Former Director(George Cassidy)relocated to Hillsborough County 2010-Current Boynton Beach,FL • x x x i . 35,000 820 744,075 Anthony Penn Customer Service Manager 561-742-6301 2010-2015 North Ogden,UT x x 11,000 138 34,667 Annette Spendlove City Recorder 801-737-9830 2010-2013 Mt Olympus-SSD,UT x 28,000 113 55,667 Kerry Eppich ' General Manager' - 801.262-2904 2009-2010 North Miami Beach,FL x x x 32,000 0 0 Bed Supranski Manager,Utility Customer Services 305-947-7581 I 2009-2014 Lake Wales,FL x x x 7,000 10 8,667 -Dorothy Pendergrass Director of Finance 863-678-4182 2008-Current Palmetto Bay,FL x 5,000 34 64,333 Comce Patterson Director of Public Works 305-259-1234 2008-2013 Zephyrhills,FL x x x 10,000 36 5,000 i Authorized Representative(Dave Henderson)Retired 2007-Current Cooper City,FL x x , 8,000 64 29,667 Mike Bailey Director 954-434-5519 2007-2015 Jackson,MS x x 85,000 1,156 2,078,000 Linda Lindsey Water/Sewer Utilities Manager 601-960-0922 . Steve Hooper,(281)352-0047, steveWwatercomnanvofamerica.com rev:1Jun 18 2007-2012 Granger Hunter ID,UT x x 25,000 344 531,333 Clint Jensen CEO/General Manager 801-968-3551 2007-2010 Keams,UT x x 5,000 30 26,000 Pam Gill District Manager 801-968-1011 2007.2012 Bartow,FL x x x .6,000 - 128 122,667 Karen Hielscher, Manager,Utility Customer Services 863-534-0188 2006-2013 Sanford,FL x x x 17,330 179 523,000 Bill Marcous Manager,Utility Support Services 407-688-5105 • 2006-2011 Orlando,FL x 80,000 373 633,003 Maria Lachney Asset/Billing Manager 407-246-2661 2005-2013 Salt Lake City,UT x x x 110,000 663 1,025,718 Former Finance Administrator(Jim Lewis)retired 801-330-2329 2005-2008 Toho Water Authority,FL x x i . 45,000 363 160,885 Rodney Henderson I Business Services Manager 407-518-2538 2005-2009 Lakeland,FL x x x 50,000 4' 18,395 Authorized Representative(Gary Ross)Retired 2004-2008 Polk County,FL x x 43,000 33 51,667 Charles Richards Customer Service Manager 863-298-4135 2004-2006 Beaumont,TX x x 41,000 78 144,000 Hani Tome Utilities Director 409-785-3004 2004-2010 Homestead,FL x x x 9,500 597 618,751 Julio Brea Director 305-224-4770 2003-2009 Hallandale Beach,FL x x x . 7,500 267 171,434 Authorized Representative Retired - 2002-2008 Deerfield Beach,FL x x 12,500 77 70,807 Authorized Representative Retired 2002-2011 Winter Park,FL x x x 28,000 145 279,323 Delsia Margraf Utility Services Manager 407-599-3371 2001-2006 Covington,LA x x 3,500 314 196,333 Beverly Gariepy Director of Administration 985-892-1811 2001-2005 Orlando Utilities Commission x 95,000 52 64,667 Leslie Temmen Dir of IT Governance&Quality Mgmt. 407-423-9100 2001-2012 Hollywood,FL x x x 45,000 2,126 1,422,698Authorized Representative Retired 2000-2004 Slidell,LA x x 4,500 185 109,667 Michael Noto Director Public Operations 985-646-4291 2000-2007 Orange County,FL x x 90,000 2,350 3,270,438 Tim Armstrong. , Customer Service Division Mgr • 407-254-9745 2000-2008 Ft.Lauderdale,FL x x x 65,000 220 425,202 Mike Bailey Now Director,Cooper City Utilities 954-434-5519 1999-2005 Coral Gables,FL x x 14,000 340 599,338• Former Finance Director(Don Nelson)retired 1999-2004 Hammond,LA x x 9,000 101 57,377 Garry Knight Water/Sewer Superintendent 985-542-3525 1999-2002 Miami Springs,FL . x x 3,500 25 98,888 William Alonso Finance Director 305-805-5014 1998-2001 Florida City,FL x x 1,600 20 51,875 Authorized Representative Retired 1997-2000 Homestead,FL ,. x x 9,500 120 248,333 Julio Brea Director305-224-4770 1997-2000 North Miami,FL x x 20,000 23 32,007Authorized Representative Retired 1996-2003 New Orleansx x 172,000 500 756,667 Dexter Joseph Budget Director 504-585-2221 1996-1997 Escambia County,FL x x 75,000 90 81,333 Ernest Dawson Operations Director 850-969-3370 . 1995-2005 Miami Dade County,FLx x 374,000 635 2,138,000 Authorized Representative Retired • . c 1 • • Steve Hooper,(281)352-0047, steve(twatercompanvofamerica.com rev:1Juri18 • Miami Beach RFP 2018-234-JC Tab 2 Experience and Qualifications. 2.1 Three projects selected from the State of Florida(only)within the past 5 years. Project Descriptions:All 6 projects below required WCA to provide the same service as requested by the City of Miami Beach. , This is WCA's only service. i WATER COMPANY OF AMERICA LISTING of RECENT FLORIDA CLIENTS Contract Governmental Entity Term of Public or Client Contact Title email Telephone Period Engagement Private 2017-Current Polk County,FL 5 yr Public Charles Richards Customer Service/Finance Manager charlesrichards@polk-county.net 863-298-4135 2015-Current Oldsmar,FL 3 yr Public Al Braithwaite Administrative Services Director abraithwaite@ci.oldsmar.fl.us (813)749-1107 2014-Current Gainesville Regional Utilities 3 yr Public Steve McElroy Technical Systems Analyst Senior MCELROYSL@gru.com 352-393-1653 2014-Current Largo,FL 3 yr. Public Kimball Adams Management Services Director kadams@largo.com 727-587-6747 2014-Current Pace Water System,FL 1 yr Public Damon Boutwell General Manager dboutwell@pacewater.org 850-994-5129 2014-2017 Dunedin,FL 3 yr Public Paul Stanek Assistant Utilities Director pstanek@dunedinfl.net 727-244-2236 Specific examples,of various types of the work product produced by WCA on any Project,whether related to Water,Sewer,Stormwater or Solid Waste are available upon request.The WCA work product is refered to in this RFP reponce as a•"Work Order".This is the document that identifies the"Find"(meaning an unbilled or misbilled service)and the"Recommended Corrective Action"necessary to remedy the cause of the unbilled or misbilled service.Each Work Order refers to a specific service(water,sewer,storm,etc.)at a specific service address or parcel and the nature of the problem discovered by WCA. • • • • Steve Hooper,(281)352-0047, steve(ewatercompanvofamerica.com rev:1Jun18 ti I f 2.2 Qualifications of Proposer Team Company Organizational Chart ;r te :• r^fj,4— y° ^^ �.. ,•s 4,77..s r 'xG e, .�T T- .n^. t .J '`,--Y r l'',''?":';'', t ;",..-1":5',';!,,,:: :',',r !. tY �3., \ :5 .45 i., •>> s..x Cor"porate (�(` f 2 1 r f� ! , 1 'j k ! J r )Yr l�. Management. _, , N 4 , ;. :, Manager. f< < � r _}°„ ,, 7 a :gt 1 r r b 4 i `- +, • } i ; ", ''t „,,,,,:r./,,,,... ..,..,.i,,,-z,.,..,,, fYt 3. t yr .. a -1 f R. _,o-v.f,._......✓1-�.21Cu.max.” �..w.. �.. �''''as'-,-c-'- �... . . South Florida. ; . Contract ',_ ;II - CIS/Data LC.: Region r Manager s S FF Security Y t t'> - s �.. .a.,.i4 ,-,..kL'._.. `..t.4',...tsti..»b.' .,.,...,... ti.f .�, 4. ' . :. fix 3..a.,.,,iax ;3;.t s,,.�.,�-.'N.." ,_ : k izzasmlz .r;„ _) F.+-,..vr. '.".4----71-17:-'"--'-'477777 r.--�4...,�T'r1 , .iL: . ..as�axmrdr�c :. .. _.�.._.., a1` '1` y. 1:1=.27,77.:.. <: Account Field : t,j,;,. . Field - e{ '"` . , Data f Technician {`' °` .: ;,� Re-Search ::',i''.,1- , ,,r Technician }r'7,�; analytics t ..., . ,.,. .xw+ay., ,,'..:3 ._ ..enna;OVA..,, +7w::a..<t;'.n r - Personnel WCA will perform the service proposed herein with trained management and field personnel with the requisite experience to accomplish the goals of the project. These employees are familiar with field procedures; appreciate the need fora clear_understanding of applicable City billing policies, Ordinances, Rules and Regulations; comprehend variations in water distribution and sewer collection systems,and thus are capable of rapid mobilization for the City. Staffing needs for this project will be met by the Company in the following three manners: 1. Utilize existing full time salaried employees located in Central Florida 2. Bring experienced personnel from other locations 3. Recruit, hire and train from the local area By approaching the issue of staffing in this manner, WCA can effectively perform the Scope of Work in a timely and effective manner. J The following key study personnel are herein proposed. MRS. ADA IZQUIERDO - Contract Manager In her capacity,Ada is responsible for the day-to-day operations,workflow,production and client communication required for assigned projects. He is well versed in providing the quality,factual information from the field needed to remedy unbilled and misbilled service from all utility services. To date, she was key person on 21 South Florida Contracts. In addition, Ada has developed many of the procedures utilized by the Company today, including the assessment of unique Work Order types for new utility clients and procedures associated with electronic field documentation and submittal.Her training included in depth application of the Company analytic software and "on site" practical property analysis in the field, during active contract operations in South Florida from Florida City to Boynton Beach. She is a hands on manager, conducting office and field activities while ensuring safety compliance.Ada reports to Mr. Hooper. MR.JEFF HADDOCK—CIS/Data Security Manager Mr. Haddock has been an integral part of the Company since 2000. He performed the duties of Central Florida Contract Manager from 2000 — 2012 and that of data manager from 2012 to current. He oversees the company's electronic assets and resources, coordinates data needs with clients, and directs Company software development with programmers. Helps determine the ' information technology goals of the Company and is responsible for implementing computer systems to meet those goals. • Manage the Company's data security practices and policies • Oversee company's flow and processing of data from clients under contract • Manage and maintain hardware and software assets • Assist Contract Managers with data acquisition • Intermediary with Programmers and to assist them as needed • Assist with data manipulation.and reporting at contract level as needed. • 'Setup field ready hardware and software systems as needed Management level, reports to the General Manager. MR. STEVEN M. HOOPER—General Manager Mr. Hooper is responsible for management of ISI Water Company. He has 29 years of hands-on experience in the field of documenting unbilled utility revenue on a performance fee basis for governmental entities. From the first days of the first project of this nature, initiated in March of 1 1989, through the successful operation of contracts nationwide, he has developed the business plan, employee training procedure, best practices, specialized software application/design, flow and test meter application, national marketing strategy, and financial management. Participation in industry trade organizations and functions such as the American Water Works Association, the Water Environment Federation and the Government Finance Officers Association benefits the firm and clients by staying•current with regard to industry standardsand trends. He will coordinate all insurance requirements of the study, as well as oversight of company compliance and safety policy. Other duties include project resource allocation, production oversight, asset utilization, personnel deployment, and recruiting (as required). Hooper reports directly to Mr. Tim Herbert, Company President. Authorized Negotiator Steven Hooper, General Manager is authorized by the Company to negotiate contract terms and render binding decisions of contract matters. [Balance of this page intentionally left blank; Resumes follow] Ada Izquierdo Miami, Florida (305)668-2822 PERSONAL DATA Married 2 children EDUCATION Bachelor of Science in Business Administration Management Jersey City State College, 1987 • BUSINESS HISTORY ISI/ Water Company of America, Contract Manager 1998-present Office Manager 1996-1998 Company manager of projects designed to recover unbilled and misbilled revenue related to water and wastewater service for municipal utilities. Specializes in customer billing analysis and increase revenue documentation. Trained in the effective application of WCA proprietary software. Miami Energy Inc. 1991-1995 Office Manager Germaine de Capaccini 1989-1991 Assistant General Manager Kitchen Depot Inc. 1988-1989 Office and Sales Manager Family Spring Water Company 1986-1988 Owner - ,. r West New York Board of Education 1978-1988 Secretary • Jeff Haddock Winter Springs, FL (407)382-6626 PERSONAL DATA Married 3 children BUSINESS HISTORY ISI Water Company, CIS/Data Security Manager 2014-present Manager of the company's electronic assets and resources, coordinates data needs with clients, and directs Company software development with programmers. Helps determine the information technology goals of the Company and is responsible for implementing computer systems to meet those goals. ISI Water Company, Contract Manager 2000-2014 Company manager of projects designed to recover unbilled and misbilled revenue related to water, wastewater and stormwater service for municipal utilities. Specializes in retail billing account analysis and field'documentation through the use of the company WATERS software and field account analysis techniques. Target Marketing 1994-2000 Vice President Owned and operated small plumbing supply firm in Orlando; FL. Specialized in sales of plumbing supplies to wholesale customers. Managed 20 employees as well as all finances for the firm. Sold interest in firm in 2000. Orange County 1981-1994 Inventory Manager Manager of inventory for the maintenance section for the Orange County Sheriffs Office. Inventory control, Purchasing and distribution of product for a 1600 unit fleet of vehicles were among the duties. Steven M. Hooper Houston, Texas 281-352-0047 PERSONAL DATA Married Three Children EDUCATION Bachelor of Science Texas A&M University(1978) BUSINESS HISTORY ISI Water Company General Manager March 1989 to Present Responsible for the management of ISI Water Company, Advise and assist Contract Managers in all matters. Howe Building Corporation 1987 to 1989 Project Manger Nash/Phillips/Copus Homebuilders 1985 to 1987 General Superintendent S & S Construction 1980 to 1985 Owner—Partner MEMBERSHIPS AND AFFILIATIONS American Water,Works Association Water Environment Federation Government Finance Officers.Association Subconsultants and/or Subcontractors The use of Subconsultants or subcontractors is not contemplated by WCA. WCA is well qualified to perform this study with experienced, full time employees possessing multiple years of hands on practice and skill. As the preeminent provider of this service, with over twenty-three years of continuous uninterrupted experience with utilities of all sizes in Florida, WCA is wellsuited to team with the City to fairly and accurately ferret out problematic customer accounts. In summary, WCA's,qualifications will benefit,Miami Beach in at least the following ways: ➢ The Company has a proven history of investing the resources necessary to uncover those problem accounts that are not obvious.This level of commitment to the goal of enhancing revenue reflects a business plan that is unique. Evidence of the plan's success is reflected in repeat business and consistent succession of new contracts in Florida for over 2 decades. > WCA's proprietary analytical software enables the Company to find problems that are not evident in existing exception reports. ➢ A proven technologythat generates found revenue for discretionary use by the City. ➢ Diverse data handling experience enables quick adaptation to the Miami Beach CIS with an insignificant time requirement of City IT staff- initially or long term. > The Company is experienced with the inherent challenges of like sized Florida systems. ➢ The proven approach to account data analysis causes zero impact to the City's CIS. > An experienced resident South Florida multi-discipline staff is available and capable to accomplish the project. > Local WCA contract operations directed from the local office facilitate a clear understanding of the logistics of field operations in the City specifically and South Florida in general, enabling efficient effective operation of this contract. > The 'established method employed by WCA provides long term benefit to the City following program completion. > Provide a proven program that, by its existence, motivates internal personnel toward greater efficiency. ➢ Provide training in revenue recovery techniques to the City staff upon completion. J • 3. Approach and Methodology Summary WCA offers solutions to municipal governments large and small to improve the billing accuracy for all services while preserving public resources.A primary objective is to partner with key staff personnel of the governmental entity to identify causes of, and implement remedies for, system inaccuracies and deficiencies that adversely affect the accuracy of customer fees. WCA originated, and is the number one provider of the service whereby private industry provides a revenue enhancement program at no cost to municipal utilities, with compensation strictly contingent on contract performance. The history of the company dates back to the first ever contract of the nature contemplated by the City in this RFP. This first project was initiated in March of 1989 for the City of Houston. Subsequent to that time, WCA has established itself as the number one provider of the service, having successfully conducted or in the process of conducting identical projects for numerous governmental entities nationwide. System Concept and Solution The Study work shall consist of 3 general tasks and 13 specific steps that involve actions and decision points of the utility and-of WCA. The steps are shown below in written form to explain the detail of each, and a flow chart diagram is•included to illustrate the process. Mobilization of this project can be accomplished within thirty(30) days and the discovery phase is expected to be complete within one year and should the revenue opportunity justify additional work, extension years could be utilized. Good communication is a key to the success of this project. A"start work"meeting shall be conducted with key members of each affected Department. Objectives are spelled out, an overview of the method of approach is discussed, and a clear chain of command and reporting is determined. Guidelines for subsequent updates can be established as well. An operational methodology based on good clear communication facilitates maximum production for the City. TASK I—IDENTIFY AND ANALYZE Step 1: Account Data Information Gathering and Review Account data is accessed in two ways, first, a download of raw unjoined data run at a consistent point in time each month and second, an electronic link for review of real time data. All necessary data queries and reports are created and run by WCA personnel on WCA computers with no City staff time requirement. (1) Download (a) WCA will meet with the City IT representative to identify those needed data fields, typically a backup file, from the CIS to be included in the download. (b) City generates a script(aka a stored routine)that writes raw unjoined tables of data to a file. (c) This file is run monthly on a consistent day and time of the City's choosing. (d) WCA retrieves this file in whatever method is most advantageous for the City(typically FTP) (e) This download is run monthly for the duration of the project, as it is used for initial investigation and to monitor the collection of Increased Revenue and thus to determine compensation(the WCA Share). (2) Electronic link—this resource is critical for WCA to gather current (as opposed to stale)data. Real timeinformation is obtained through this read only password protected modem link to the CIS. This information link allows the rapid reference to additional unique pieces of information not contained in the download described above. By gaining access to real time data in this manner, any related City staff time requirement is eliminated. Data that is typically reviewed includes; historical consumption and billing data as well as standard customer information such as; service address, customer name, meter number, billing codes, unit count, meter installation date,.sewer surcharge level, etc. Once this customer account information is in hand, WCA begins the task of adapting its.proprietary' computer software by designing a customfront end unique to the City. Queries and sort routines that facilitate the identification of unbilled and misbilled service revenue are tailored to City account data. These adaptations allow WCA to effectively utilize Utility data in whatever format it may be available. The company's investment in development costs of over$650,000 has yielded proprietary software that is flexible, adaptable and custom built for studies of this nature for the Water, Wastewater, Stormwater and Solid Waste industries. It operates independently of the City's CIS, and in no way impacts the integrity of that data. The analysis of account data in this manner, which is unlike other less effective methods utilized by others, provides significant benefit to the City, including at least the following; 1) Quantity of revenue produced. 2) Quality of discoveries and correctiveaction stand the test of time 3) Accuracy of quantifying revenue enhancement 4) WCA is committedto isolate the more difficult account problems (unknown or unlisted taps and connections), rather than merely the obvious Step 2: Account Information Analysis Criteria WCA analyzes the reliability of the account data as it relates to billing, identifying those key fields that could negatively impact billing if entered incorrectly. Experience has shown many of these criteria to be standard from one City to the next. However, every City has its own unique combination of factors that ultimately determine a customer billing. Therefore, WCA will perform a comprehensive study of the City's rates, Ordinances, Resolutions, billing policies and operational practices to clearly understand the correct method. Armed with this understanding, WCA will review customer accounts for instances of no bills, underbilling and over billing on an individual basis to identify increase revenue opportunities. The accuracy of CIS data pertinent to , billing is critical to the success of the project. Typical account data and data analysis,criteria include the following: 1) Service codes and resultant billing drivers 2) Meter size, age, type and total recorded flow 3) Meter repair history and frequency 4) User classification, whether commercial, industrial, multi- family or residential 5)_Number of units and calculated consumption per unit 6) Property flow and dentand characteristics and how those factors compare with consumption 7) Property geographic location as it relates to water, wastewater and solid waste collection service areas 8) Consumption analysis including monthly, quarterly and annual averages from year to year 9) Consumption patterns and trends that indicate failed meters 10)Comparison of usage to consumers with like profiles 11)Comparison of property type and/or Classification to the appropriate billing rate 12)Meter read/reread history The Utility's historical data is essential to Step 2 and is the basis upon which the remaining steps are predicated: Step 3: Internal Property Selection Report WCA produces a Property Report of suspect locations from the data analysis process described in Step 2. This "first cut" report provides a list of accounts ear-marked for further research. Each account record is scrutinized for additional facts that can validate account problems as probable. Step 4: . DECISION POINT: A preliminary survey of work to be performed is conducted to maximize efficiency and to prioritize the work. Based on this preliminary review, WCA selects properties from the initial analysis for field work. Step 5: Field Work Selection Report WCA prepares a Field Work Selection Report that identifies the individual accounts and/or areas to be researched in the field. This plan may be communicated to the City if so desired. Step 6: Field Work Order Issued After the Project Manager approves the Field Work Selection Report, WCA issues a Field Work Order to its field personnel. This document will be completed on site and is used to confirm all current property data. All causes of revenue loss will be explored including: meter inaccuracy, service theft, unmetered fire lines,wastewater service problems, coding problems, billing accuracy, and unlisted sewer connections and/or water taps or meters. Generally, customers like seeing water utility representatives in the field. This field research typically promotes confidence to the customer that the utility is properly maintaining the system. Step 7: Field/Research & Account Documentation Field personnel conduct site visits to research the property for all information required_on the Field Work Order, often including, but not limited to, the following information: 1) Date and time of research 2) Type of property 3) Classification of water service a. Domestic b. Fire c. Irrigation d. Process 4) Approximate building square footage 5) Number of dwelling units 6) Current and historicaloccupancy information 7) Meter location, ID#, size, manufacturer and type 8) Current meter reading 9) Preliminary evaluation of meter's operating condition 10) Individual contacted a. Name b. Title c. Telephone number d. Hours of availability Note: Additional fieldwork is frequently required subsequent to the initial contact. Follow-up research may be necessary to: • Insure positive customer relations • Confirm short period and off peak period use • Gain access to specific locations previously denied Step 8: DECISION POINT: Potential Revenue Enhancement Once field account analysis and field work are complete, WCA selects specific accounts with the potential for revenue enhancement for submission to the City. Accounts not selected will be filed systematically for future reference. TASK II—QUANTIFYING REVENUE ENHANCEMENT Step 9: Formal Work Order submission WCA will submit to the Utility a Formal Work Order on an account-by- account basis with complete documentation where additional revenue recovery is possible. This report provides complete and accurate documentation for use by the City to update and correct customer records. The document is a report produced by the WCA software, written specifically for Miami Beach. Included in this standard document is the projection of incremental revenue increase. This projection is essential to the utility, in that accurate projections must be in hand before decisions can be made as to the relative importance of problem correction and as to the cost effectiveness of the remedy. This projection is supported by precise calculations that are based on the property analysis and the analysis of the meter or meters in question. In addition, when required and where conditions permit, WCA will provide electronic flow measurement utilizing a non-pipe intrusive Transit Time Flowmeter. Measurements from the flowmeter serve to verify and _ document unauthorized flow through unmetered fire lines, for example, and serve to confirm the accuracy of large meters. This capability enables more accurate projections, and therefore is a substantial benefit to the utility in TASK II. The Formal Work Order typically includes the following support documentation: 1) Historical and current account data 2) Property Selection Report 3) Field Research Report 4) Notes, sketches,test results, photographic evidence 5) Discovery notes and comments 6) Recommended corrective action All problems noted in the system are mapped by address in the mapping - software to determine the frequency and location of problems in the system. - Step 10: DECISION POINT: • The City will review the Formal Work Order and approve WCA's ' recommended changes. The City retains the ultimate unilateral right to approve each Formal Work Order. submitted. Any Formal Work Order not initially approved will be returned to WCA for additional work and resubmission, and/or filed for future reference. ( TASK III—COORDINATING THE IMPLEMENTATION AND EXECUTION OF CORRECTIVE ACTION Step 11: Corrective Action Following Formal Work Order approval, the necessary changes will be made to the account. These changes fall into two broad categories; changes in billing and changes to the physical service. WCA will assist the utility by coordinating the necessary activities and/or procedures between the various disciplines by acting as liaison to resolve issues that might otherwise stalemate the remedy. Examples of this assistance: generating interdepartmental correspondence, preparing letters for City signature that notify customers, as well as the assimilation of signed hardcopy for archive purposes. Water Company of America takes great pride in its ability to work cooperatively with our utility partners to ensure follow-through with corrective action. Step 12: Identified New Revenue on Accounts Once the change to the account is complete, the Utility may identify (flag)the account in the Utility Billing Database as one to which WCA is eligible for participation in a share of increase revenue. Step 13: Reports and)Proposed Revenue Sharing Plan WCA compiles and delivers a monthly report(Detailed Revenue Report) to the City that details the collected revenue for the period and calculates WCA compensation. This amount is based on actual account collection. The collection activity is monitored from the same monthly download of account data identified in Step 1. The revenue report is generated on an account-by-account basis, for review and approval by the Department. This eliminates the need for the utility to expend the resources necessary to write a computer program to accomplish the task, while reserving to the utility the approval authority for the disbursement of increase revenue. The monthly report summarizes each month's activity arid typically includes the following information: I) Formal Work Order approval date 2) Account number 3) Formal Work Order Number 4) Service address 5) Billing period/counter 6) Increase revenue calculation 7) WCA Share of Increase Revenue In addition, and if desired by the City, WCA will.prepare a Status Report, on a frequency determined by the City. This custom report details those specific pieces of information meaningful to the City related to the documentation of revenue findings. This report is not"canned" but is tailored to the needs and desires of the City. This approach to reporting, as well as to final reporting at the contract end is possible because the full picture of an account is available from one'database source; history, findings, discovery notes,type of find,type property, corrective action, problem resolution, and records of Increase Revenue collections over time. This information is available for inclusion on any requested report, monthly or otherwise—on demand.This flexibility has been very well received by managers in past. This approach to the typical need for progress reporting is significantly more meaningful to the client than a"one size fits all" approach offered by others. WCA will prepare a Final Report on the specific results of the project including an assessment of existing billing and metering practices and an estimate of annual recovery by area of deficiency. Confidentiality Agreement (reference TASK I, Step 1 above) WCA regards client data confidentiality with the highest priority. WCA maintains strict protocols managed by a dedicated, full time CIS/Data Security Manager. WCA agrees to comply with the requirements of laws concerning confidentiality of utility customer records, and any other applicable ordinances of the City. The above 13 tasks are illustrated in the following flow diagram charts on the following two pages: PROGRAM TASK.PROCESS - RESPONSIBILITIES OF WCA STEP 1 STEP 2 • STEP 3 ACCOUNT DATA ANALYZE INFORMATION SORTING PROPERTY GATHERING REPORT 44' STEP 5 STEP 6 i •STEP=S • • iiiII. IIiiii' - /FIELDWORk/ REPORT ORDER REVIEW&SELECTION ISSUED OF PROPERTIES FOR FIELD RESEARCH • • TASK 9 • STEP 8 STEP 7 AL NO YES FORMAL WORK POTENTIAL FOR i. ORDER ISSUED REVENUE ENHANCEMENT FIELD RESEARCH • PERFORMED .11111 NEXT PAGE • • • _/ PROGRAM TASK PROCESS - RESPONSIBILITIES OF THE UTILITY STEP 10 FORMALAPPROVED WORK ORDER UTILITY VERIFYS WORK ORDER • • • REJECTED CORRECTIVE STEP 11 ACTION TAKEN REJECTED WORK ,ORDER NEW STEP 12 REVENUE • IDENTIFIED ON ACCOUNTS • • STEP 13 WCA CDREPORT• FILE The WCA program utilizes technical work methods conducted in an efficient manner and designed to optimize revenue impact without disruption to normal operating procedures of the Utility. All WCA field operations will be conducted in a manner consistent with requirements imposed by the Utility on its own personnel. Some of the basic WCA rules of operational conduct • are listed below. • WCA will advise the Utility of all fieldwork performed. • WCA will conduct all operations to comply with applicable Department procedures. • WCA employees will adhere toall applicable safety requirements of City and the WCA. • WCA will insure that property conditions affected by field research activity will be returned to original or better than original condition. • WCA vehicles will be clean and clearly marked with the Company Logo. ^,• WCA employees will be uniformed. • WCA employees will display identification badges affixed to the employee's uniform. • WCA employees will at all times maintain a neat and clean appearance that represents the professionalism of the Utility and WCA. • WWCA employees will exhibit a courteous and polite manner when dealing with any customer of the Utility. Sample-System Inaccuracies addressed by WCA Problem Types,Problem Explanations and Problem Solutions The accurate measurement of water is the means by which water utilities generate revenue to offset expense, determine.equitable fees among users, promote conservation and minimize wastewater treatment loads. WCA will assist the various Miami Beach Departments in identifying causes of, and suggesting remedies for system inaccuracies and deficiencies with respect to water,wastewater,and reclaimed water utility charges. System inaccuracies arise from many situations. Some of these situations are: unbilled connections, meters not listed in the billing database, unknown taps, unauthorized fireline usage, meter bypass abuse, inaccurate submeter credits, and other conditions that are routinely encountered. These inaccuracies can be identified and corrective action taken to insure compensation for services rendered. In general,the above situations can be grouped into the five major categories listed below: o Meter Inaccuracy and Malfunction o Service Theft o Unmetered Firelines o Other. Unbilled or Misbilled Usage o Stormwater These categories are addressed in the text that follows. A. METER INACCURACY It is critical for any-Utility to be able to identify those meters within the utility system that perform below accepted levels of efficiency. Three typical contributing factors are: o Failure of Meters and Other Mechanical Devices o Lack of System Capabilities o Budgetary Limitations Problem #1: Failure of Meters and Other Mechanical Devices Problem Explanation: A meter's propensity for accuracy loss and potential failure is due to the very nature of a mechanical device with moving parts. This accuracy loss is random among meters and often cannot be predicted. When vandalism and other meter damage issues areadded to the equation, the problem of inaccuracy becomes even more unpredictable. Solution #1: WCA has developed systems to detect abnormal trends that may indicate mechanical failures in a timely manner. The analysis of these trends, coupled with field investigations,will detect meter failures.Field investigations will determine if there is a potential for loss of revenue. Based upon the field work performed, WCA will recommend the appropriate course of corrective action. As a result of these actions, the potential for revenue increases will be greatly enhanced. Problem #2: Lack of System Capabilities Problem Explanation: An example of the lack of system capabilities is as follows. A meter read is taken on a meter that is not performing to standard and registering low reads. This situation has occurred over an extended period of time. The meter reader (manual or AMI) has no concept of years prior consumption for the given property. The meter reader has no data to correlate with property characteristics such as property size, activity of occupant and occupancy rate. Therefore, an inaccurate meter with a history of low reads would not show a consumption pattern that would be indicative of a problem. Solution #2: WCA utilizes a system that compares like properties and isolates consumption differences. Consumption differences of this nature are selected for field review. The field review process confirms or denies consumption patterns with property characteristics. Problem #3: Budgetary Limitations Problem Explanation: Budgetary limitations may restrict Department personnel from performing efficiently in isolating meter inaccuracies. Meter repair programs are usually limited to replacing known malfunctioning meters. Department personnel may be diverted from looking for meter inaccuracies to work on other distribution problems. Several operational factors impacted by this limitation are: o Allocation of existing manpower o Staffing capability o Acquisition of testing equipment o Acquisition of fleet and facility support Solution#3: WCA's program will provide a system for identifying meter inaccuracies at no cost to the Department during the term of the contract.All meter testing performed by the WCA shall recognize American Water Works Association (AWWA) standards, as utilized by the Department B. SERVICE THEFT Service theft is the act of receiving utility service without proper remuneration. There are many factors that contribute to this problem,and the discovery of each factor must be approached systematically. Service theft can be divided into two broad categories, intentionaland unintentional. These categories are discussed separately below. 1. INTENTIONAL SERVICE THEFT Intentional service theft is the deliberate act on the part of a consumer of receiving service without proper remuneration to the utility. In general, intentional service theft is achieved from the following situations: o Incorrect Piping Arrangements o Usage on "Inactive"Accounts o Emergency Meter Bypass Abuse o Fire Hydrant Abuse Problem #1: Incorrect Piping Arrangements. Problem Explanation: Theft of service can result from incorrect piping arrangements. Tampering is generally involved in these situations. Some examples of these situations are as follows: o Straightconnects or an illegal cut-across o Installing a jumper after a meter was pulled, subject to the limitations below. o Removing a lock after a lock-out procedure, subject to the limitations below. o Removing a blind gasket after service termination Solution # 1: WCA will identify these situations by way of account review and on-site inspection of suspect locations. A comprehensive field analysis of known problem areas will often reveal cases that cannot be traced via Departmental data. When multiple problems occur in a specific area,a saturation survey of the entire area is conducted to verify that all connections are proper. Problem #2: Usage on "Inactive" Accounts Problem Explanation: An account could be classified within the Department's system as "inactive". However, the meter serving this account could be in use. Solution #2: Subject to the provisions below, WCA typically will make a field inspection on accounts classified as "inactive". Inactive accounts utilizing service will be identified and appropriate documentation submitted to the Department to initiate a change in account status. However, WCA will not receive compensation on Accounts in which the Department 'has terminated service due to non-payment of bills, also known as "cut off for nonpayment" or "CONP". These "known" (to the City) cases may often result in meter removal by the Department, which in turn may result in the illegal installation of a jumper by the customer. The Department has in place a process to field check all such accounts as part its routine procedures and therefore, for the sixty day period following a CONP, findings of jumpers or other illegal connections on such accounts are not subject to payment by the Department to WCA under the terms of this Agreement. WCA will investigate and submit findings only after the stipulated time period established by the City has been exceeded on the account. • Problem #3: Emergency Meter Bypasses Problem Explanation: The abuse of large meter emergency bypasses contributes to the theft of service problem. Open meter bypasses are especially difficult to identify when it represents only a portion of total usage. For example, a bypass could be partially opened thus allowing unmetered service and yet not prompting action since an account billing is being generated. Solution #3: WCA will identify all bypassed meters within the Department's system. • Resolution of the bypassed meter problem is based upon a focused investigation of all meter installations with meter bypasses. WCA will physically inspect all bypassed meters on a regularly scheduled basis to determine if unmetered service is being provided. Only if a situation is found that is unknown to the City,and for which no active City Service Work Order is in effect, and has existed for a period of sixty days or longer, will WCA submit the item as a"find". Problem #4: Fire Hydrant Abuse Problem Explanation: Service theft is compounded by the use of fire hydrants supplying water for purposes other than extinguishing fires. The/Department controls the majority of these situations by way of policy and procedure in their rules and regulations Solution #4: WCA will review the existing policies and procedures as they relate to fire hydrants. If there appears to be any revenue enhancement potential that can be acted upon, recommendations will be made to the Department. These recommendations'will include a benefit to cost analysis of any suggested solutions. 2. UNINTENTIONAL SERVICE THEFT , Unintentional service use is defined as the receipt of water and/or wastewater service for which the customer has no knowledge. In general the following situations are the cause of this type of service theft: o Incorrect Piping Arrangements o Incorrect Account Data Problem #1: Incorrect Piping Arrangements Problem Explanation: The unintentional incorrect piping arrangement is a common contributor to the unbilled revenue problem. Accurate site utility plats are not always available during construction. These plats indicate which tap serves a particular location. If a tap is not identified correctly with the property receiving the service, errors occur. For example, if an adjacent location's tap is incorrectly identified, the property could ultimately receive water through a meter not associated with that property. Solution #1: WCA will locate incorrectly identified property by conducting comprehensive on-site inspections of selected properties, customer account research and comparisons to other adjacent properties. By performing these inspections, many instances of this kind will be discovered and the appropriate remedy will be submitted to the Department for corrective action. However, if the taps are being billed,no additional revenue will result.Therefore, WCA will not receive compensation on such Accounts. • Problem #2: Incorrect Account Data Problem Explanation: Thetap or meter that is not correctly identified with the appropriate property is often unbilled. Sometimes a location is served by more than one tap. One meter can be generating legitimate billings while another is not. Confusion of service address with meter location can be a problem leading to incorrect account data. For example, a secondary meter might be physically located on a side street away from the primary or known meter. The second meter carries a different street address and normal search procedures by the Department,result in fruitless efforts to locate,read or maintain the account. This occurs frequently in developed areas that were annexed by the Department and where installation records and"as built"drawings were • not equivalent to those required by the Department today. Solution # 2: WCA will compare like properties with similar usage characteristics to identify those consumers with lower than anticipated consumption. Ultimately,the correct association of multiple connections to a single property can only be ascertained by comprehensive field inspection and testing. C. UNMETERED FIRELINES The Department has established policies designed to minimize the abuse of unmetered firelines. Regulations specifically restrict unmetered fireline use. The Department's policy regarding Detection Check Meters provides further safeguards against abuse. WCA will,by way of physical property research, make appropriate reports to the Department should any customer be found to be out of compliance with the Rules and Regulations. Problem #1: Unauthorized taps on Unmetered Firelines Problem Explanation: The existence of connections made to unmetered firelines for use other than intended represents a loss of revenue faced by all utilities. The problem can be categorized into three basic areas: • o Deliberate, illegal taps into fire systems o Control measures on identified firelines, such as detector check meters that are inoperative or are not checked routinely o Unmetered firelines that have no control devices to indicate usage Solution #1: WCA will isolate unmetered fireline abuses by researching properties with known service as well as searching for connections that are unknown to the Department. A few of the methodologies employed are: o Focus research on recently annexed areas and within areas of the system built during periods of rapid growth. o Research a random sample of that portion of the account population with known firelines. o Site inspections of a property always include an inspection of the fire protection system components. o In the case of large-scale installations with pressure alarms, a non-intrusive portable flowmeter will be utilized to verify unauthorized flow. o Other relevant databases of information such as State or Local fire insurance records can be compared to Departmental data regarding fireline billings. o The piping arrangement present in any location is traced and identified to the greatest extent possible. D. OTHER SYSTEM DEFICIENCIES AND UNBILLED SERVICES A multitude of factors impact the ability of the Department to bill correctly for its services. Other than those areas previously discussed, the following problems have been encountered in other utility systems. Other unbilled or misbilled usage can be the result of the following situations: " o Incorrect Account Data o Abuse of Submeter Allowances o Unknown Accounts Problem #1: Incorrect Account Data Problem Explanation: An example of this type of problem is as follows. A building is served by an unmetered firel.ine. However, the Customer Information System has no record of this data. Therefore, the Department may be losing revenue because of incorrect account data. Solution #1: Standard operating procedure utilized by WCA via its field research techniques is to verify all existing account data against actual property configurations. In that all account data 'is verified with the physical property configurations, discrepancies are noted and communicated to the Department by way of a Formal Work Order. Problem #2: Abuse of Submeter Allowances Problem Explanation: Submeters allow credits for wastewater charges due to non-returned water to the sanitary system. Submeters for such uses as irrigation, processes and coolant towers provide reasonable usage credits to end users. However, if they are not properly installed, configured and monitored they can be abused. The net result of such situations is that the Department may not receive the appropriate remuneration for wastewater services. Solution #2: WCA will undertake a study of all known Submeter Account billings within the Customer Information System. All such properties will be researched to determine the validity of these credits with respect to credit calculations, and the appropriateness of those accounts receiving such credits. Problem #3: Unknown Accounts Problem Explanation: Most major, utilities have experienced growth by way _,of annexations of existing systems. If the accounting data from these acquired systems was not correct during the conversion,the probability is high that subsequent corrections to this data may not have been made. Also, if the utility has experienced billing system conversions, some accounts tend to be lost during the conversion. Unknown accounts produce no revenue for the utility,while adding to the unaccounted-for water loss equation. Solution# 3: Standard operating procedure for WCA field crews is to make checks of adjacent properties while performing selected field research. WCA's standard operating procedure utilizes radio-dispatched crews to perform field research. WCA's office staff uses a computer link to the Customer Information System to retrieve current account data. Communication between office staff and field personnel enables WCA to verify information on adjacent properties which may be unknown. Thelmportance of the Criteria which Determine Utility Billing A clear understanding of the billing policy of the City is absolutely critical to the success of the project. A lack of understanding will result in two things. The first is missed opportunity, defined as lower than expected discovery of Increased Revenue. The second is that submittals which are tendered to the City for review will be incorrect and thus rejected. An error in billing on an Account cannot be ferreted out without first gaining a working knowledge of the way things. should be. In the experience of WCA, no two utility clients apply exactly the same setiof criteria to determine customer fees for water, wastewater and stormwater service. In all contracts entered into bey the Company, all applicable sources of client billing reference information are carefully researched to determine the intended billing methodology. These include (but are not limited to) Statute, Charter, Ordinance, Rate Study, billing policy, special case rules, and finally, the utility billing software utilized by the client. The understanding gathered in this process enables WCA to correctly and fairly analyze individual customer billings and to recommend only those changes and corrections that fit within existing City guidelines.These guidelines determine both billings going forward in time as well as any appropriate retroactive billings. This same methodology will be applied by WCA for the City. The Company's knowledge of utility systems in general and with SunGard HTE specifically is extensive. Therefore, WCA is well suited to accomplish the goals of this project. The City can be assured that WCA will only recommend account changes that are in accord with the intent of the City in determining customer fees. Proposed schedule for completing the work Data access through read only link and the data download process (described in Section 4,Task I. Step 1.)is a function of the City-over which WCA has no control.Because this period of time is impossible to forecast, it is not included in the Contract Term. "Notice to Proceed" is defined as the written notification by the City to WCA to initiate Work. This notification is issued upon the successful receipt and conversion of Account data from the City by WCA.The date of the Notice to Proceed shall mark the initiation of the Contract Term. Contract Term - It is anticipated that the period of time necessary for the "Work", (described in Section 4,Task I.,Steps 2-8 and Task II.) for this project is three years. In addition, renewal option should be included. Because every Contract undertaken by WCA in years past has proven to be unique— in terms of results and the amount of time necessary to produce those results - adequate opportunity for the City to achieve maximum benefit must be allowed. Insofar as the day to day and week to week schedule is concerned, WCA will gear the frequency of reports, updates and submittals of Work Orders according to the limitations, requests and requirements of the City. What is the risk associated with the service? Municipal Utility Managers typically ask about the risk associated with the project, therefore a response to that concern is provided in this RFP response. The inherent risk in the project is that WCA could submit a recommendation to the City which resulted in an increase to a customer's utility bill that ultimately proved to be wrong. In the event of an overbilling due to WCA advice, the City would not suffer damages because the customer is credited to offset the overbilling. In the rare event that any customer related issue arises related to any WCA recommendation, WCA personnel respond to the customer concern, in the field, at his location if necessary. More often than not, in the rare event that a customer complaint is received, a site visit by WCA to explain the change will alleviate the complaint. The issue of the City suffering harm or damages as the result of a WCA overbilling has never occurred in the Company's entire history. Exception, General Conditions Statement, Miscellaneous Statements Insurance: The RFP calls for Professional Liability Insurance. WCA takes exception to PLI for the following reason: Professional Liability Insurance is not required. The Commercial General Liability Insurance provided by WCA covers 100%of the work activities performed by WCA under the Contract. There are no services called for in the proposed Scope of Work to be provided by WCA for the City to which Professional Liability Insurance applies. Were the Scope to require an Engineer's seal, for example, then PLI for errors and omissions would be appropriate and necessary. This question has been vetted previously in other RFPs and is often a vestige of a General Engineering Services Contract requirement. It comes down to a question of risk to the City— how could the City be harmed. The answer is that the worst that could happen is for WCA to erroneously recommend change to an account which proves to be wrong. The customer is overbilled one month and credited back the next, and the harm is eliminated. General Conditions Compliance Statement WCA has read and agrees to comply with all requirements stated in the General Conditions, except for the exception stated above regarding Professional Liability Insurance which does not apply and to which the Company cannot comply. Miscellaneous Litigation: WCA is not now,•nor has it ever been involved in arbitration or litigation with any client governmental entity or with any utility customer of any client. Financial stability: WCA has never filed for reorganization or bankruptcy. Addenda: WCA acknowledges receipt of three (3)Addenda to the RFP. Value Added Services • The experience of WCA is not limited to water and sewer. WCA offers a very significant amount of South Florida experience in validating the accuracy of Stormwater and Solid Waste fees for service rendered by our City and County clients. WCA offers that same experience to the City of Miami Beach at the same terms and conditions as stated in this RFP response. Stated simply, should the City choose to authorize WCA to validate Stormwater and Solid Waste, WCA would only be paid the performance fee share of any collected Increased Revenue generated under the Contract. APPENDIX D REVENUE PROPOSAL FORM 'Failure'tosubmit.the Revenue'Proposal'Form;•in::its entirety and-fuilyr".executed,•by the'deadline established for,•: <' 'the receipt of proposals uirilf 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. y r 'i ^'' , z< ,.. _proposed ,�c" Grosses '„Net Revenue t, l Description Revenues Savings to the qty.:_. Sharing �rforcalculation * : - Rate to,the purposes only) ; - 1. Revenue Share for Cost Savings Realized by the City as a Result of the Revenue % $1 00,000* $_57.5 COG Enhancement Study/Recovery 2. Revenue Share for Cost Savings/Avoidance/Efficiencies Realized by , QO % $100,000* $ 90CJ the City as a Result of Recommendations for Future Efficiencies • 1Total Net Revenueto the City*..: $1'-f-S COD 1Basis for Allocation of Revenue Points. Bidder's Affirmation Comm': t la-4-.e,-' eon, o I Authorized Representative: S. ,0_ /4 aQ De.;— Address: •rr . /f r;dzt:�, SF F�fl Eo.� YX 770 2-q Telephone: /z .l 3 Z — op 4_ ? Email: s4-e.rtrr-c.P en o-A 424—;Go—. e o r+ .- Authorized Representative's Signature: = r eA -rig rak•es - L rt 4k-10V 0-4”g- Cx-S0-61- es.-- Q. 3Z)c-1-11 (U) N`oer - Pap-19). . .4 s, WATER COMPANY OF AMERICA I Serving Water,Wastewater,Stormwater and Solid Waste Utilities _A- .,,o :Er-"]nr2,0ar,,So;ict ika :i:.c.19,:f RESOLUTION OF THE BOARD OF DIRECTORS OF ISI WATER COMPANY The undersigned being all of the members of the Board of Directors of ISI Water Company a Texas corporation (the "Company"),do hereby consent to the adoption of the following resolutions, effective the 1st day of March 2018: Whereas the Board of Directors of the Company wishes to designate certain persons to execute contracts on behalf of the Company and its subsidiaries; Now, be it RESOLVED that each of the following individuals,namely Timothy Herbert, and Steve Hooper, are hereby authorized to and directed to enter into contracts on behalf of the Company, and execute agreementsrwith governmental authorities or other entities in connection with such contracts,effective on the date of this resolution and until such authority is withdrawn by further resolution of the Board or by the President of the Company; and Further, RESOLVED that the resolution shall be filed with the minutes of the proceedings of the Board of Directors of the Company. 3 In witness whereof,the undersigned have executed this resolution effective as of the date above written. P -____--- , Timothy Herbert, : µ l -+, a9 #' +, i f. ..i,"4-; `;',:f•-::"...7-y 'f,i,'iEf ' • . y j L ..! .- y + f",`tCv :,,,_, ' 1 ! t a4,. ,. - i, , 1. Fi . 4ft ar rOampzm ,,`" 1, ` ,54�,Stdetrty,Slreet4Haustan,T 17029' 281152.QA47; m � itif , Se " 1 . ' .q" tt.;.:-'„'i h, .A�1:t 4:r ..4 '0e ,- 4,rr;Pr:e C ;44,14.".f i*,b 4,, .;:at, � 4n-0.4, ,24.r 1b# •4 t#:- .r i-7 .. - . ._ Tab 5 Public Benefit Addendum#1 of the RFP states that the City maintains a 501 (C)(3)that is used to support the educational initiatives of the Mayor and City Commission. Proposers may propose a recurring or non-recurring financial contribution to the educational initiatives 501 (C)(3). In response to this RFP, WCA proposes a financial contribution equal to '/2 of 1%(.005%) of the WCA Share of Increased Revenue received by WCA under the Contract, if awarded. ATTACHMENT D INSURANCE REQUIREMENTS • •* • APPENDIX E MIAMIBEACH Insurance Requirements RFP 2018-234-JC REVENUE ENHANCEMENT STUDY FOR UTILITIES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2018-234-JC 31 MIAMI BEAc H INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. (XXX Workers''Compensatiik and-E-mployeY' iability per the Statutory-l'imits`nhe state o1FlondaJ X:2 Comprehensive-General-L-iability (occurrence form);-Iimits-of liability $ 1 000;000:00-per occurrences for bodily injury property damageto mcludeTPremises/=Operations;=Produets,:Completed=Operations and Contractual L afji6ty .Contractual Liability and Contractual Indemnity, (Hold harmless endorse em nt e�cactly as written m "insurance-require em nts�,ofispecificatioris):� `��°'" 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. 2511C 32