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Contract no.21-322-01
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
TROY & BANKS, INC.
FOR
UTILITY BILL AUDITING AND EXPENSE REDUCTION CONUSLTING SERVICES
FOR GAS AND ELECTRIC PURSUANT TO
RFQ-2021-322-ND
9/16/2022 1 4:42 EDT
This Professional Services Agreement ("Agreement") is entered into this
("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), TROY & BANKS, INC. a
New York Corporation, whose address is 2216 Kensington Avenue, Buffalo, NY, 14226
("Consultant").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be the Adrian Morales, Facilities & Fleet Department
Director.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach RFQ No. 2021-322-
ND for UTILITY BILL AUDITING AND EXPENSE REDUCTION
CONSULTING SERVICES FOR GAS AND ELECTRIC together with all
amendments thereto, issued by the City in contemplation of this
Agreement RFQ, and the Consultant's proposal in response thereto
("Proposal"), all of which are hereby incorporated and made a part hereof;
provided, however, that in the event of an express conflict between the
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Proposal Documents and this Agreement, the following order of
precedent shall prevail: this Agreement; the RFQ and the Proposal.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext.6435; and fax number(305)673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the mutual agreements hereafter set forth, Consultant shall conduct
an audit or survey of the City gas and electrical utility service accounts for the purpose of
securing refunds, credits, and cost reductions resulting from the discovery of charges or costs in
excess of those permitted or allowed by applicable contracts, tariffs, statutes, rules and
regulations and/or from overcharges or billing errors as more fully delineated in Exhibit "A"
hereto.
If there are any questions regarding the Services to be performed, Consultant should contact
the following person:
Adrian Morales
Director, Facilities and Fleet Management Department
1833 Bay Rd. 2nd Floor
Miami Beach, FL 33139
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit"A"hereto.
SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon execution of this Agreement by all
parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of three
(3) years with an additional two (2), one (1) year renewal options, to be exercised at the City
Manager's sole option and discretion, by providing Consultant with written notice of same no
less than thirty(30)days prior to the expiration of the initial term.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services,
as same is/are set forth in the timeline and/or schedule referenced in Exhibit"A"hereto.
SECTION 4
FEE
4.1 intentionally omitted.
4.2 Overcharges. Consultant will audit and review the utility billing history for the previous
five (5) years as per the State of Florida Statute of Limitations. For each refund, credit or rebate
the City receives due to Consultant's review of prior overcharges, billing errors or costs in
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excess of those permitted by applicable contracts, tariffs, statutes, rules or regulations,
Consultant shall receive a one-time payment of 20% of the monies refunded or credited to the
City, in accordance with the Scope of Services Approach, attached hereto as Exhibit A. The City
will issue a separate Task Order to authorize any approved refund claim negotiations and cost
savings implementation.
4.3 Reduction of Ongoing Costs. Consultant will analyze rates and provide recommendations
to reduce on-going (future) costs in accordance with Phase IV Reductions of Ongoing Costs,
attached hereto as Exhibit A. Prior to performing the additional task of evaluating future
saving opportunities, written authorization is required from the City on the scope of those
evaluations. The City will issue a separate Task Order to authorize any approved reduction of
ongoing costs. Consultant shall be paid 20%of the savings, as more fully delineated in Exhibit A
sectior B, Reduction of Ongoing Costs attached hereto.
4.4 Consultant makes no guarantee or assurance of any credit or refund amount or cost
saving results. If City does not receive refunds, credits, or reductions in future billings, there
will be no fee for Consultant services.
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its City
Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Consultant of its violation of
the particular term(s) of this Agreement and shall grant Consultant ten (10) days to cure such
default. If such default remains uncured after ten (10) days, the City may terminate this
Agreement without further notice to Consultant. Upon termination, the City shall be fully
discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this
Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Consultant. The City, at
its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that It
deems to be in its best interest in order to enforce the City's rights and remedies against
Consultant. The City shall be entitled to recover all costs of such actions, including reasonable
attorneys'fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR
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WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE
SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE
ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT
SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE
DATE OF TERMINATION: FOLLOWING WHICH THE CITY SHALL BE DISCHARGED
FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY
VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is
placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of
creditors. In such event, the right and obligations for the parties shall be the same as provided
for in Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its
officers, employees, agents, and contractors, from and against any and all actions (whether at
law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Consultant, its officers, employees, agents,
contractors, or any other person or entity acting under Consultant's control or supervision, in
connection with, related to, or as a result of the Consultant's performance of the Services
pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses
and shall pay all such costs and judgments which may issue from any lawsuit arising from such
claims and losses, and shall pay all costs and attorneys' fees expended by the City in the
defense of such claims and losses, including appeals. The Consultant expressly understands
and agrees that any insurance protection required by this Agreement or otherwise provided by
the Consultant shall in no way lirrit the Consultant's responsibility to indemnify, keep and save
harmless and defend the City or its officers, employees, agents and instrumentalities as herein
provided.
The parties agree that one percent (1%) of the total compensation to Consultant for
performance of the Services under this Agreement is the specific consideration from the City to
the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and
of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
6.3 The Consultant shall maintain the below required insurance in effect prior to awarding
the agreement and for the duration of the agreement. The maintenance of proper insurance
coverage is a material element of the agreement and failure to maintain or renew coverage may
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be treated as a material breach of the contract, which could result in withholding of payments or
termination of the Agreement.
A. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's
profession, with limit no less than $1,000,000.
6.4 Additional Insured — City of Miami Beach must be included by endorsement as an
additional insured with respect to all liability policies (except Professional Liability and Workers'
Compensation) arising out of work or operations performed on behalf of the Consultant
including materials, parts, or equipment furnished in connection with such work or ope,atims,
and automobiles owned, leased. hired or borrowed in the form of an endorsement to the
Consultant's insurance.
6.5 Notice of Cancellation — Each insurance policy required above shall provide that
coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS
Insurance Compliance Services.
6.6 Waiver of Subrogation — Consultant agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However, this
provision applies regardless of whether the City has received a waiver of subrogation
endorsement from the insurer.
6.7 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M.
Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida
Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed
and authorized to do insurance bLsiness in the State of Florida.
6.8 Verification of Coverage—Consultant shall furnish the City with original certificates and
amendatory endorsements, or conies of the applicable insurance language, effecting coverage
required by this contract. All certificates and endorsements are to be received and approved by
the City before work commences. However, failure to obtain the required documents prior to
the work beginning shall not waive the Consultant's obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER ON ALL COI MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing
agent, EXIGIS, at:
Certificates-miamibeach@riskworks.com
6.9 Special Risks or Circumstances — The City of Miami Beach reserves the right to
modify these requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other specia circumstances.
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Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Agreement, Consultant and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement with Consultant's
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of$10,000 for any action or claim for breach of contract arising out of the performance
or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida
Statutes.
SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Consultant shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services, Consultant shall comply with all applicable laws, ordinances,
and regulations of the City, Miami-Dade County, the State of Florida, and the federal
government, as applicable.
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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 Consultant, without the prior written consent of the City
Manager, excepting any information, records etc. which are required to be disclosed pursuant to
Court Order and/or Florida Public Records Law.
All reports, documents, articles, devices, and/or work produced in whole or in part under this
Agreement are intended to be the sole and exclusive property of the City, and shall not be
subject to any application for copyright or patent by or on behalf of the Consultant or its
employees or sub-consultants, without the prior written consent of the City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/ or inspect, any and all other documents and/or records relating to all matters covered by
this Agreement. Consultant shall maintain any and all such records at its place of business at
the address set forth in the "Notices"section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis, perform
reviews, audits, inspections and investigations on all City contracts, throughout the
duration of said contracts. This random audit is separate and distinct from any other
audit performed by or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of witnesses and monitor
City projects and programs. Monitoring of an existing City project or program may
include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Consultant,
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
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compliance with the contract documents and to detect fraud and corruption. Pursuant to
Section 2-378 of the City Code, the City is allocating a percentage of its overall annual
contract expenditures to fund the activities and operations of the Office of Inspector
General.
(C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal) submittals, activities of the Consultant
its officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and
records in the Consultant's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not limited
to original estimate files, change order estimate files, worksheets, proposals and
agreements from and with successful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and supporting
documentation for the aforesaid documents and records.
(E) The Consultant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three (3)
years after final payment under this Agreement or for any longer period required by
statute or by other clauses of this Agreement. In addition:
If this Agreement is completely or partially terminated, the Consultant shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Consultant shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this Agreement until such
appeals, litigation, or claims are finally resolved.
(F) The provisions in this section shall apply to the Consultant, its officers, agents,
employees, subcontractors and suppliers. The Consultant shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
Consultant in connection with the performance of this Agreement.
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(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Consultant or third parties.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract. assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as
approved pursuant to this section, and any attempt to make such assignment (unless
approved)shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of
race, color, national origin, sex, age, disability, religion, income or family status.
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.6 CONFLICT OF INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County
Code, as may be amended from time to time; and by the City of Miami Beach Charter and
Code, as may be amended from time to time; both of which are incorporated by reference as if
fully set forth herein.
Consultant covenants that it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of the
Services. Consultant further covenants that in the performance of this Agreement, Consultant
shall not employ any person having any such interest. No member of or delegate to the
Congress of the United States shall be admitted to any share or part of this Agreement or to
any benefits arising therefrom.
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10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119 0701 of the Florida Statutes, if the Consultant meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of the Agreement, the Consultant shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Consultant of the
request, and the Consultant must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
(2) Consultant's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3)avail itself of any available remedies at law or in equity.
(3) A Consultant who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services, the court shall assess and award
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against the Consultant the reasonable costs of enforcement, including
reasonable attorneys' fees, if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Consultant has not complied with the request, to the City and to the
Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOMIAMIBEACHFL.GOV
PHONE: 305-673-7411
10.8 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of
the Consultant or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to
an intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or Consultant's performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately,
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upon learning of the occurrence of the event or of the commencement of any such delay,
but in any case within fifteen (15) business days thereof, provide notice: (i) of the
occurrence of event of Force Majeure, (ii) of the nature of the event and the cause
thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of
the delay, and (v) of what course of action such party plans to take in order to mitigate
the detrimental effects of the event. The timely delivery of the notice of the occurrence of
a Force Majeure event is a condition precedent to allowance of any relief pursuant to this
section; however, receipt of such notice shall not constitute acceptance that the event
claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of
the occurrence of a Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part, by
Force Majeure to carry out such obligations. The suspension of any of the obligations
under this Agreement due to a Force Majeure event shall be of no greater scope and no
longer duration than is required. The party shall use its reasonable best efforts to
continue to perform its obligations hereunder to the extent such obligations are not
affected or are only partially affected by the Force Majeure event, and to correct or cure
the event or condition excusing performance and otherwise to remedy its inability to
perform to the extent it-4 inability to perform is the direct result of the Force Majeure
event with all reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a. Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to
the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend
the City's payment obligations under the Agreement, and may take such action without
regard to the notice requirements herein. Additiorally, in the event that an event of
Force Majeure delays a party's performance under the Agreement for a time period
greater than thirty (30) days, the City may, at the sole discretion of the City Manager,
terminate the Agreement on a given date, by giving written notice to Consultant of such
termination. If the Agreement is terminated pursuant to this section, Consultant shall be
paid for any Services satisfactorily performed up to the date of termination; following
which the City shall be discharged from any and all liabilities, duties, and terms arising
out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure
extend this Agreement beyond its stated term.
10.9 E-VERIFY
(A) Consultant shall comply with Section 448.095, Florica Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Consultant shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees during
the Term of the Agreement. Additionally, Consultant shall expressly require any
subconsultant performing work or providing services pursuant to the Agreement to
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Contract no.21-322-01
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subconsultant during the
contract Term. If Consultant enters into a contract with an approved subconsultant, the
subconsultant must provide the Consultant with an affidavit stating that the
subconsultant does not employ, contract with, or subcontract with an unauthorized
alien. Consultant shall maintain a copy of such affidavit for the duration of the
Agreement or such other extended period as may be required under this Agreement.
(B) TERMINATION RIGHTS.
(1) If the City has a good faith belief that Consultant has knowingly violated Section
448.09(1), Florida Statutes, the City shall terminate this Agreement with
Consultant for cause, and the City shall thereafter have or owe no further
obligation or liability to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant otherwise complied with such
subsection, the City will promptly notify the Consultant and order the Consultant
to immediately terminate the Agreement with the subconsultant. Consultant's
failure to terminate a subconsultant shall be an event of default urder this
Agreement, entitling City to terminate the Consultant's contract for cause.
(3) A contract terminated under the foregoing Subsection (6)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Consultant or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (B)(1) or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Consultant under the foregoing
Subsection (B)(1), Consultant may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6) Consultant is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
SECTION 11
NOTICES
Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT: TROY & BANKS, INC.
Attn: Thomas Ranallo
2216 Kensington Avenue
Buffalo, NY, 14226
Ph: 716-517-3955 1800-499-8599 ext. 1005
Email: tranallo(a.troybanks.com
TO CITY: Facilities and Fleet Management Department
Attn: Adrian Morales
1833 Bay Rd. 2nd Floor
Miami Beach, FL 33139
Ph: 305-673-7000 ext. 22932
Email: adrianmorales(a miamibeachfl.gov
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All notices mailed electronically to either party shall be deemed to be sufficiently transmitted.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of
such provision or modification of this Agreement. A party's waiver of any breach of a provision
of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties, the language has been agreed to by parties to express their mutual intent and the
resulting document shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the parties to this Agreement.
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Contract no.21-322-01
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST
Docu Signed by:
B Kafat,�, Graun.A.1,6
y �l�6"6l�BBFD§C1CF..
Rafael E. Granado, City Clerk T. Hudak, City Manager
9/16/2022 I 4:42 EDT
Date
FOR CONSULTANT TROY& BANKS, INC.
ik rreji
Signature
Thomas T. Ranallo, President
Print Name and Title
Date 08/19/2022
APPROVED AS TO
FORM&LANGUAGE
528 R E(X'' TION
tti ti" it✓'c11111 L
)41Fity Attorney Date
15
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Contract no.21-322-01
EXHIBIT A
SCOPE OF SERVICES
The scope of the services includes, but is not limited to the following:
1. Reviewing invoices and other documents for overcharges and mistakes.
2. Research inaccuracies in classification parameters.
3. Searching hidden profit margins.
4. Analyzing cause(s) of overcharges.
5. Expense reduction strategies for gas and electric utilities.
6. Identifying errors and submitting claims to utilities on behalf of the City.
Approach:
Troy & Banks ("T&B") can extract the necessary billing detail electronically. The
Florida Power & Light (FPL) bill information will be gathered from EnergyCAP. The
gas utility accounts will be gathered from TECO. Our auditors will review the utility
billing history for the previous five (5) years as per the State of Florida Statute of
Limitations.
T&B will collect all pertinent FPL and TECO account records from the City including
invoices and contracts for services. We will perform a full inventory audit to ensure that
all services are being utilized in the most efficient and effective manner.
T&B will complete a forensic bill analysis to determine billing errors and ensure those
mistakes are corrected immediately to reduce the City's costs and secure any refunds
due.
T&B will not only perform the audit and examine the records but also ensure correction
ofrecords, ensure collection of any over billed services, and provide recommendations
for improvements.
T&B is committed to ensuring timely and successful completion of every audit
undertaken. All audits are monitored by an audit coordinator and tracked in the T&B
database.This ensures that all audits are progressing smoothly. T&B also has a team
dedicated to following up on requests for billing history, as well as claims submitted on
the City's behalf, ensuring that requests for information and claims are responded to
prom ptly.
The schedule of the audit will be tailored to the needs of the City of Miami Beach. T&B
follows a three-phase process - an organizational phase (phase 1), an audit phase
(phase 2), and a claim resolution phase (phase 3). They are described as follows:
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PHASE I AUDIT SET UP (Approx.45 days)
• Obtain account numbers and online access from FPL and TECO (dating back five
(5) years per Florida Statute of Limitations) and EnergyCap (dating back to
January 2019). If online information is not available, then obtain one (1) monthly
copy of all invoices from the respective City Departments.
• Obtain from FPL street light inventories and GIS mapping.
• Obtain from the City all contracts executed with FPL and TECO.
• Collect Customer Service Records and historical transcripts from FPL and TECO.
• Organize any invoices not able to be attained in EnergyCAP and data into T&B's
specialized software.
PHASE II—DETAILED AUDIT (Approx. 2-8 weeks)
• Conduct a physical inventory (if necessary) of all services at the City's facilities.
Thisvisit would be coordinated with the proper City personnel.
• T&B shall perform a detailed audit of the City's utility accounts. Our analysts shall
review all monthly charges rendered by utility providers for potential savings or
billing discrepancies. Our software is designed to check for billing errors in present
tariff rates, discounts, contracts, or FPL and TECO.
• If over-billing has occurred, T&B shall prepare a claim letter documenting the
findings.
PHASE III-- REFUND CLAIM NEGOTIATIONS
&COST SAVINGS IMPLEMENTATIONS (Approx.4-8 weeks)
• T&B will report any errors found to FPL and TECO with supporting evidence and
requests for reimbursement. These reports shall be given simultaneously to the
appropriate customer contact for the City.
• Negotiate any refund claims (including applicable interest) directly with Florida
Power& Light and TECO as provided by law and regulation and consistent with the
time periods established by applicable statutes of limitation. Confirm that all
erroneous charges are removed from future billings. T&B will prepare a statement
of the amounts of each credit and an estimated date of receipt of the credit or
refund.
• T&B will report any future reduction recommendations to the appropriate City
contact for acceptance or rejection. The City will issue a separate Task Order to
authorize any approved refund claim negotiations and cost savings implementation.
• T&B will report to FPL and TECO any future savings recommendations accepted
and approved by the City.
The following is a general time schedule for the scope of work for the audit:
A. Analyze historical account billing for accuracy of charges for Florida Power & Light
and TECO:
✓ It will take approximately 30-45 days to obtain the historical account billing. As
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soon as account information is received, we will start the analysis. It will then take
about two toeight weeks to conduct the audit of all monthly charges.
B. Prepare a written report to the City on any billing inaccuracies or discrepancies:
✓ It will take about two weeks to prepare the written report on any billing inaccuracies
ordiscrepancies following the T&B detailed audit.
C. Prepare a written report on the recommended steps for the City to take to correct
billing inaccuracies and procure refunds, if applicable:
✓ We estimate about two weeks to prepare the written report on the recommended
steps for the City to take, if applicable, following the T&B analysis.
D. P-epare a detailed list of recommendations, including an implementation plan and
estimated cost savings for each recommendation:
✓ T&B will prepare a detailed list of recommendations at the conclusion of the audit
and, obtain approval from the City prior to implementing recommendations.
E. Assist the City in correcting billing inaccuracies, implementing recommendations
andprocurinq refunds:
✓ In general, it will take approximately six to eight months to assist the City in
correcting billing inaccuracies, implementing recommendations and procuring
refunds.
Troy & Banks will identify errors and submit claims to the service providers on behalf of
the City. At a minimum, T&B shall identify errors related to:
a. Meter reading errors
b. Rates not in accordance with the City's contracts
c. Charges billed for incorrect or nonexistent equipment
d. Meter malfunction types
e. Incorrect meter installed by the utility company
f. Clerical errors in bill computations
g. Wrong factors applied
h. Incorrect tax charges
PHASE IV REDUCTION OF ONGOING COST(Future Savings)
A. In addition to error detection and recovering refunds, T&B will analyze rases and
provide recommendations to reduce on-going costs that could result in reduced
expenses primarily through the identification of alternate tariffs and rates that may be
available. Cost-savings recommendations shall be always subject to the review and
approval of the City prior to implementation. Cost savings recommendations may
include. but are not limited to:
a. Alternate rates and riders offered by existing suppliers that may result in lower
costs.
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b. Combination of splitting of meters for billing purposes.
c. Correction of power factor penalties.
d. Negotiation of special contracts to eliminate punitive clauses.
B. Prior to performing the additional task of evaluating future savings opportunities,
written authorization is required from the City on the scope of those evaluations. In the
even; that the City elects to move forward with any of the recommendations presented
by T&B and approves its implementation, a separate Task Order will be issued by the
City. In order to measure the savings on which payments will be made, the existing bill
which was issued using the new rate or tariff will be recalculated after twelve
consecutive months (one calendar year) using the old rate or tariff. The difference
between the bill under the new rate or tariff and the bill recalculated under the old rate
or tariff shall be the savings. Once the savings have been received and validated by
the City, a one-time 20% fee of the savings shall be paid to T&B for the respective
utility account.
T&B will provide quantitative and narrative reports over the course of the audit. The
reports will identify and describe the basis for any refund and on-going reduction of
charges. The reports shall include possible cost savings recommendations that would
result in reduced expenses for the City. At a minimum, reports will include:
a. Utility bills reviewed and evaluated
b. Refunds due to the City
c. Current list of all accounts/meters will include buildings/facilities covered under
utility franchise agreements. Listing at a minimum, facility name, address, utility
usage, meter numbers, account numbers, total annual cost by meter, and
generalusage information.
d. Correspondence from utility providers agreeing to amounts of the refund due to
theCity, and methods to be used to refund money owed the City.
e. Recommendation and guidance on industry best practices for utility bill intake,
processing, data entry, and record keeping.
f. User-friendly guide to identify common utility billing errors for each type of utility
billreviewed by City staff for training purposes.
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ATTACHMENT A
RESOLUTION &COMMISSION AWARD MEMO
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RESOLUTION NO. 2022-31978
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER, PERTAINING TO REQUEST FOR QUALIFICATIONS NO.
2021-322-ND, FOR UTILITY BILL AUDITING & EXPENSE REDUCTION
CONSULTING SERVICES — GAS & ELECTRIC; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH TROY & BANKS
CONSULTANTS, THE TOP RANKED PROPOSER; FURTHER, IF THE
ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT
WITH TROY & BANKS CONSULTANTS, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE ERIC RYAN
CORPORATION, AS THE SECOND RANKED PROPOSER; FURTHER, IF THE
ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT
WITH THE ERIC RYAN CORPORATION, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH BOTTOM LINE
CONCEPTS, LLC, AS THE THIRD RANKED PROPOSER; AND FURTHER
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, on May 7, 2021, the Mayor and City Commission authorized the issuance of
Request for Qualifications (RFQ) 2021-322-ND for Utility Bill Auditing & Expense Reduction
Consulting Services—Gas & Electric (the "RFQ"); and
WHEREAS, on July 28, 2021, the RFQ was issued; and
WHEREAS, a voluntary pre-proposal meeting was held on August 12, 2021; and
WHEREAS, on September 20, 2021, the City received a total of 4 proposals; and
WHEREAS, on September 6, 2021, the City Manager, via Letter to Commission No. 367-
2021, appointed an Evaluation Committee consisting of the following individuals: Rodney
Knowles, Greenspace Division Director, Public Works Department; Manny Marquez, Assistant
Director, Finance Department; Elizabeth Miro, Assistant Director, Facilities and Fleet
Management Department; and Yanira Pineda, Sustainability Coordinator, Environment and
Sustainability Department; and
WHEREAS,the Evaluation Committee convened on October 20, 2021 to review and score
the proposals; and
WHEREAS, the Evaluation Committee received an overview of the project, information
relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general
information on the scope of services and a copy of each proposal; and
WHEREAS, the Evaluation Committee was instructed to score and rank each proposal
pursuant to the evaluation criteria established in the RFQ; and
WHEREAS, the Evaluation Committee process resulted in the ranking of proposers as
follows: Troy & Banks Consultants, as the top ranked proposer; The Eric Ryan Corporation, as
the second ranked proposer; Bottom Line Concepts, LLC, as the third ranked proposer; and
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Influctec, Inc., as the fourth ranked proposer; and
WHEREAS, after reviewing all of the submissions and the Evaluation Committee's
rankings and commentary, the City Manager concurs with the Evaluation Committee and
recommends that the Mayor and City Commission authorize the Administration to enter into
negotiations with Troy&Banks Consultants,the top ranked proposer;further, if the Administration
is not successful in negotiating an agreement with Troy & Banks Consultants, authorize the
Administration to enter into negotiations with The Eric Ryan Corporation, as the second ranked
proposer; further, if the Administration is not successful in negotiating an agreement with The Eric
Ryan Corporation, authorize the Administration to enter into negotiations with Bottom Line
Concepts, LLC, as the third ranked proposer; and further authorize the City Manager and City
Clerk to execute an agreement upon conclusion of successful negotiations by the Administration.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pertaining to Request For
Qualifications No. 2021-1322-ND for Utility Bill Auditing & Expense Reduction Consulting
Services — Gas & Electric, authorize the Administration to enter into negotiations with Troy &
Banks Consultants, the top ranked proposer; further, if the Administration is not successful in
negotiating an agreement with Troy & Banks Consultants, authorize the Administration to enter
into negotiations with The Eric Ryan Corporation, as the second ranked proposer; further, if the
Administration is not successful in negotiating an agreement with The Eric Ryan Corporation,
authorize the Administration to enter into negotiations with Bottom Line Concepts, LLC, as the
third ranked proposer; and further authorize the City Manager and City Clerk to execute an
agreement upon conclusion of successful negotiations by the Administration.
PASSED and ADOPTED this ...)° day of 74"k4'Y 2022-
ATTEST: =
v
RA AEL E. GRANADO, CITY CLERK--` DAN GELBER, MAYOR
JAN 2 5 2022
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
r It-- VI— ZI
City Attorney 90 g Dote
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C7 - Resolutions L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: January 20, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE CITY MANAGER, PERTAINING TO REQUEST FOR QUALIFICATIONS
NO. 2021-322-ND, FOR UTILITY BILL AUDITING AND EXPENSE
REDUCTION CONSULTING SERVICES - GAS AND ELECTRIC;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH TROY AND BANKS CONSULTANTS, THE TOP RANKED
PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL
IN NEGOTIATING AN AGREEMENT WITH TROY AND BANKS
CONSULTANTS, AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH THE ERIC RYAN CORPORATION, AS THE
SECOND RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS
NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE ERIC
RYAN CORPORATION, AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH BOTTOM LINE CONCEPTS, LLC, AS THE
THIRD RANKED PROPOSER; AND FURTHER AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMI NI STRATI ON.
RECOMMENDATION
It is recommended that the Mayor and City Commission approve the Resolution authorizing the
Administration to negotiate with Troy& Banks Consultants, as the top ranked proposer, for utility
bill auditing &expense reduction consulting services—gas &electric. If the Administration is not
successful in negotiating an agreement with Troy & Banks Consultants, authorize the
Administration to enter into negotiations with The Eric Ryan Corporation, as the second ranked
proposer. If the Administration is not successful in negotiating an agreement with The Eric Ryan
Corporation,authorizing the Administration to enter into negotiations with Bottom Line Concepts,
LLC, as the third ranked proposer. Further authorizing the City Manager and City Clerk to
execute an agreement upon conclusion of successful negotiations by the Administration.
BACKGROUND/HISTORY
In order to maximize resources, the Administration periodically reviews its accounts for various
utilities to assure that invoices reflect the rates that the City should be paying and are inclusive of
Page 318 of 1313
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all discounts to which the City may qualify. These services are known as utility bill auditing and
expense reduction services and are typically performed by third-party firms with industry-specific
expertise. Through the RFQ, the City requested qualifications from firms experienced in utility
bill auditing and related expense reduction, primarily for electric and gas utilities.
ANALYSIS
On July 28, 2021, the Mayor and City Commission authorized the issuance of Request for
Qualifications (RFQ) 2021-322-ND for Utility Bill Auditing & Expense Reduction Consulting
Services — Gas & Electric. On July 30, 2021, the RFQ was issued. A voluntary pre-proposal
conference to provide information to proposers submitting a response was held on August 12,
2021. Two addenda were issued. The Department issued bid notes to 5,596 companies
through the e-procurement system, with 56 prospective bidders accessing the advertised
solicitation. RFQ responses were due and received on September 20, 2021. The City received
a total of four(4)proposals from the following firms:
• Bottom Line Concepts, LLC.
• I nfluctec, I nc.
• The Eric Ryan Corporation
• Troy& Banks Consultants
On October 7, 2021, the City Manager appointed the Evaluation Committee via LTC # 429-
2021. The Evaluation Committee convened on October 20, 2021, to consider proposals
received. The Committee was comprised of Alyssia Berthoumieux, Sustainability Specialist,
Environment and Sustainability Department; Rodney Knowles,Assistant Director, Public Works
Department; Manny Marquez, Assistant Director, Finance Department; and Elizabeth Miro,
Assistant Director, Facilities and Fleet Management 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. The Committee was also provided
with general information on the scope of services and a copy of each proposal. The Committee
was instructed to score and rank each proposal pursuant to the evaluation criteria established in
the RFQ. The evaluation process resulted in the ranking of proposers as indicated in
Attachment A, in the following order:
1st—Troy& Banks Consultants
2nd—The Eric Ryan Corporation
3rd — Bottom Line Concepts, LLC
4th— I nfluctec, Inc.
A summary of each top-ranked firm follows:
Troy& Banks Consultants
Troy & Banks Consultants (Troy and Banks) since 1991 has helped clients recover refunds for
billing errors that may have happened in the past and ensures that those errors do not reoccur in
the future. By hiring former utility, telecommunications and Public Service Commission
employees, Troy& Banks' auditors are able to identify mistakes in utility and telecommunication
rates, tariffs, and service option. Among its over 20,000 clients, Troy and Banks has
successfully performed audits for thousands of cities, counties, public school districts, and
universities.
The Eric Ryan Corporation
The Eric Ryan Corporation (ERC) was founded in 1990 with the knowledge that businesses,
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both large and small, were overpaying on their utility and telecommunications billings. The firm's
intent was to recover overspent dollars on utility and telecommunications billings and provide the
service on a contingency or shared savings basis. ERC has since evolved into a full-service
utility and telecommunications consulting firm and is one of the countrys largest providers of
said services.
Bottom Line Concepts, LLC
Bottom Line Concepts, LLC (Bottom Line) is a performance-based financial consulting firm.
Bottom Line audits old invoices for errors and gets the clients refunds and credits. It has
perfected its process through the years to the point that its clients require very little time. All
efforts result in the client receiving the highest quality product or service for the least amount of
cost.
SUPPORTING SURVEY DATA
Not Applicable
FINANCIAL INFORMATION
NA. The RFQ is expected to recover funds incorrectly invoiced by gas and electric utility
providers.
CONCLUSION
After reviewing all of the submissions and the Evaluation Committee's rankings and
commentary, I concur with the Evaluation Committee and find Troy & Banks Consultants to be
the best-qualified firm to audit the City's gas and electric utility bills. Troy & Banks Consultants
has over 30 years of experience in gas and electric utility bill auditing. They have ample
government experience with entities such as the U.S. Postal Service, school boards, airports,
and Amtrak. Moreover, they have performed forensic audits for municipalities throughout the
state of Florida, including Deerfield Beach, Fort Lauderdale, and Doral. Finally, their approach
and methodology practices are thorough and include a detailed process that takes no more than
eight weeks to complete, with minimal involvement on the part of the City.
The second-ranked and third-ranked firms, The Eric Ryan Corporation and Bottom Line
Concepts, respectively, are well-qualified and should be considered, in order of rank, if
negotiations with Troy& Banks Consultants are not successful.
Therefore, I recommend that the Mayor and City Commission approve the Resolution
authorizing the Administration to enter into negotiations with Troy & Banks Consultants, the top-
ranked proposer, further, if the Administration is not successful in negotiating an agreement with
Troy & Banks Consultants, authorize the Administration to enter into negotiations with The Eric
Ryan Corporation, as the second-ranked proposer; further, if the Administration is not
successful in negotiating an agreement with The Eric Ryan Corporation, authorizing the
Administration to enter into negotiations with Bottom Line Concepts, LLC, as the third-ranked
proposer, and further authorizing the City Manager and City Cleric to execute an agreement upon
conclusion of successful negotiations by the Administration.
Applicable Area
Not Applicable
Is this a "Residents Right Does this item utilize G.O.
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to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Facilities and Fleet/Procurement
ATTACHMENTS:
Description
D Attachment A
D Resolution
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ATTACHMENT B
ADDENDA AND RFQ
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M I A M I BEACH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
ADDENDUM NO. 2
REQUEST FOR QUALIFICATIONS NO. 2021-322-ND
UTILITY BILLING & EXPENSE REDUCTION CONSULTING SERVICES—GAS & ELECTRIC (the "RFQ")
September 10, 2021
This Addendum to the above-referenced RFQ 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).
1. RESPONSES TO QUESTIONS RECEIVED.
Q1: Who does the city buy water/sewer and waste services from. Is it outsourced? Is this a utility category that
we are able to include in our RFQ submission?
Al: Water/sewer and waste services are performed by City personnel. It is not to be included in the
scope of services for this RFQ.
Q2: When was the last time that you had a utility bill audit and who conducted (or was awarded)the bill audit?
A2: Unable to determine.
Q3: Do you intend for this service to be a review and done bill audit service or concurrent as well (monthly
thereafter throughout the term)?
A3: Initial with any concurrent services to be negotiated.
Q4: Please confirm whether the convention center is the Miami Beach's budget. Basically, do you pay those
bills and is it included in this audit?
A4: The Convention Center is managed via a third party and those bills are not to be included in this
audit.
Q5: Is the utility bill data being tracked in bill tracking platform (if so which one) and will that data be available
electronically? If so, confirm that consumption and charges are being tracked monthly.
A5: The City currently uses EnergyCAP. Yes, data will be available electronically and is tracked
monthly.
Q6: What were the results of the last audit specifically speaking to total refunds and rate reductions?
A6: See response to Q2 above.
RFQ No.2021-322-ND
Addendum#2
9/10/2021
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M I A M I BEACH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
Q7: What is your annual spend for electricity and natural gas and how many total accounts comprise that spend
(not counting street lighting)?
A7: Average annual spend for electricity between 2018 and 2020 was $2,847,509.66. There are
currently 323 electricity accounts.
Q8: Is the procurement intent of this RFQ to provide the city with utility bill auditing and analysis services? Or
this will also include scope execution and guarantee of optimization and energy saving solutions?
A8: This RFQ is to provide the City with utility bill auditing and analysis services only.
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 RafaelGranadomiamibeachfl.qov
Contact: Telephone: Email:
Natalia Delgado 305-673-7000 ext. 6263 nataliadelgado@miamibeachfl.gov
Proposers are reminded to acknowledse receipt of this addendum as part of our RFQ submission.
cerel ,
AjDen
is
urement Director
RFQ No.2021-322-ND
Addendum#2
9/10/2021
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M I A M I BEACH Procurement Department
1755 Meridian Ave, 3rd Floor, Miami Beach, Florida 33139
www.miamibeachfl.gov
ADDENDUM NO. 1
REQUEST FOR QUALIFICATIONS NO. 2021-322-ND
UTILITY BILLING & EXPENSE REDUCTION CONSULTING SERVICES —GAS & ELECTRIC (the"RFQ")
June 21, 2021
This Addendum to the above-referenced RFQ 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).
The deadline for •uestions has •assed. No further •uestions will be considered.
1. RFQ DUE DATE AND TIME. The deadline for receipt of electronic submittals through Periscope S2G is
extended until 3:00 p.m., Monday, September 20, 2021. Proposals will be opened promptly at the time and
date specified. The City will in no way be responsible for delays caused by technical difficulty or caused by any
other occurrence.
All proposals received and time stamped through PeriscopeS2G, prior to the proposal submittal deadline shall
be accepted as timely submitted. Proposals cannot be submitted after the deadline established for receipt
of proposals. Hard copy proposals or proposals received electronically, either through email or facsimile,
submitted prior to or after the deadline for receipt of proposals are not acceptable and will be rejected. Late bids
cannot be submitted, bidders are cautioned to plan sufficiently. The City will in no way be responsible for delays
caused by technical difficulty or caused by any other occurrence.
PUBLIC BID OPENING WILL BE VIA CONFERENCE ONLY
Dial-In Instructions:
• Dial the Telephone Number: +1 786-636-1480
• Enter the Conference ID No: 218 550 772#
A FORTHCOMING ADDENDUM WILL CONTAIN RESPONSES TO QUESTIONS RECEIVED.
Any questions regarding this Addendum should be submitted in writing to the Procurement Management
Department to the attention of the individual named below, with a copy to the City Clerk's Office at
RafaelGranado(c�miamibeachfl.gov
Contact: Telephone: Email:
Natalia Delgado 305-673-7000 ext. 6263 nataliadelgado@miamibeachfl.gov
Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission.
m e ely,
Alex D is
procurement Director
RFQ No. 2021-322-ND
Addendum#1
9/3/2021
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TABLE OF CONTENTS
RFQ 2021-322-ND
UTILITY BILL AUDITING & EXPENSE REDUCTION CONSULTING SERVICES - GAS & ELECTRIC
SOLICITATION SECTIONS:
0100 INSTRUCTIONS TO RESPONDENTS
0200 GENERAL CONDITIONS
0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT
0400 PROPOSAL EVALUATION
APPENDICES:
APPENDIX A INSURANCE REQUIREMENTS
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SECTION 0100 INSTRUCTIONS TO RESPONDENTS
1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the"City"), as the
means for prospective Proposers to submit proposals for the City's consideration in evaluating qualifications to select
a firm with whom it may negotiate an agreement for the purpose noted herein.
The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings.com or www.bidsync.com)for
automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any
addendum to this RFQ. Any prospective Proposer who has received this RFQ by any means other than through
Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFQ.
Failure to receive an addendum may result in disqualification of proposal submitted.
2. PURPOSE.
The City periodically reviews its accounts for various utilities to assure proper invoicing and categorization by utility
service providers. Through this RFQ, the City is requesting qualifications from firms experienced in utility bill auditing
and related expense reduction, primarily for electric and gas utilities.
This RFQ anticipates a qualifications-based selection. Therefore, qualifications shall be submitted in accordance with
Section 0300. The City will evaluate the qualification submittals and may select a firm(s) in accordance with Section
0100, Sub-section 10. It is anticipated that the selected firm will review invoices for mistakes, inaccuracies in
classification parameters, hidden profit margins, etc. and will prepare a written analysis documenting its findings.
However,final scope and share of recovered funds or real savings will be negotiated with the selected firm.
The City expects to incur no expenses as a result of this RFQ. It is the City's intent that the fees paid to the selected
consultant(s) will be based on a percentage of actual funds recovered.
3.ANTICIPATED RFQ TIMETABLE.The tentative schedule for this solicitation is as follows:
RFQ Issued July 30, 2021
Pre-Proposal Meeting August 12, 2021 @ 9:00 a.m. ET
Deadline for Receipt of Questions August 25, 2021 @ 5:00 p.m. ET
Responses Due September 13, 2021 @ 3:00 p.m. ET
To join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
(1) Dial the TELEPHONE NUMBER: 1 786-636-1480
(Toll-free North America)
(2) Enter the MEETING NUMBER 218 550 772#
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing TBD
Negotiations
Contract Negotiations Following Commission Approval
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4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact: Telephone: Email:
Natalia Del'ado 305-673-7000 x26263 NataliaDel I ado@miamibeachfl.•oy
Additiollally, the City Clerk 1`, to be CO iied 0n all C0ITlIllrllllC0tl0115 Vla e mail at Raf<lelGranadlO' (OV:
or via fac,,inlile: 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 0100-3.
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. Attendance for the pre-proposal meeting shall be via telephone and recommended as
a source of information but is not mandatory. Proposers interested in participating in the Pre-Proposal Meeting must
follow these steps:
(1) Dial the TELEPHONE NUMBER: 786-636-1480 (United States, Miami Toll-free)
(2) Enter the MEETING NUMBER: 570 972 95#
Proposers who are participating via telephone should send an e-mail to the contact person listed in this RFQ
expressing their intent to participate via telephone.
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda
clarifications considered necessary by the City in response to questions. Only questions answered by written addenda
will be binding and may supersede terms noted in this solicitation.Addendum will be released through Periscope S2G.
Any prospective proposer who has received this RFQ by any means other than through Periscope S2G must register
immediately with Periscope S2G to assure it receives any addendum issued to this RFQ. Failure to receive an
addendum may result in disqualification of proposal. Written questions should be received no later than the date
outlined in the Anticipated RFQ Timetable section.
7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the
City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be
subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of
such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement
Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov
8.ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal,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).
9. 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.
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10.DETERMINATION OF AWARD.The City Manager may appoint an evaluation committee to assist in the evaluation
of proposals received. The evaluation committee is advisory only to the city manager. The city manager may consider
the information provided by the evaluation committee process and/or may utilize other information deemed
relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation
committee process 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 Manager 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 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.
11.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.
12. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat.,
"Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize
the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees
hired by the subcontractor during the Contract term.
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SECTION 0200 GENERAL CONDITIONS
TERMS & CONDITIONS —SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer
agrees to be bound by and in compliance with the Terms and Conditions for Services (dated April 13, 2020),
incorporated herein, which may be found at the following link:
https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/
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SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. ELECTRONIC RESPONSES(ONLY). Proposals must be submitted electronically through Periscope S2G (formerly
BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or
facsimile are not acceptable and will be rejected.
A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the
deadline for proposal submittals. The City will only consider the latest version of the bid.
Electronic proposal submissions may require the uploading of attachments. All documents should be attached as
separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded
documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including
all attachments, is uploaded successfully.
Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal
submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted.
Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical
issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or
S2G@periscopeholdings.com. The City cannot assist with technical issues regarding submittals and will in no way be
responsible for delays caused by any technical or other issue.
It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in Periscope S2G
prior to the deadline for proposal submittals.
2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non-
responsiveness. Non-responsive proposals will not be considered.
1. Bid Submittal Questionnaire (submitted electronically).
2. Failure to comply with the Minimum Eligibility Requirements (if applicable).
3. OMITTED OR ADDITIONAL INFORMATION. Failure to include the Bid Submittal Questionnaire (completed
and submitted electronically) shall render a proposal non-responsive. Non-Responsive proposals will not be
considered. With the exception of the Bid Submittal Questionnaire (completed and submitted electronically),the City
reserves the right to seek any omitted information/documentation or any 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. Failure to submit any omitted or
additional information in accordance with the City's request shall result in proposal being deemed non-responsive.
4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist
the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed
in accordance with the tabs,and sections as specified below.The electronic submittal should be tabbed as enumerated
below and contain a table of contents with page references. The electronic proposal shall be submitted through the
"Line Items"attachment tab in Periscope S2G.
TAB 1 Cover Letter&Table of Contents
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact
for the purposes of this solicitation. The table of contents should indicate the tabs, sections with tabs and page
numbers to facilitate the evaluation committee's review.
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TAB 2 Experience& Qualifications
2.1 Organizational Chart:An organizational chart depicting the structure and lines of authority and communication
for all firms, principals and personnel involved in the project. Include information that describes the intended
structure regarding project management, accountability and compliance with the terms of the RFQ.
2.2 Relevant Experience of Prime Proposer: Summarize projects where the Proposer and/or its principals have
provided invoice auditing or expense reduction,primarily for gas and electrical utilities. For each project provide
the following:
a. project name and scope of services provided;
b. name of individuals that worked on the referenced project that have been included in Section 2.1 above.
c. client;
d. client project manager and contact information;
e. funds recovered; and
f. term of the engagement.
2.3 Relevant Experience of Sub-consultant(s)/Sub-contractor(s): Summarize projects where the Sub-
consultant(s)/Sub-contractor(s) and/or its principals have provided invoice auditing or expense reduction,
primarily for gas and electrical utilities. For each project provide the following:
a. project name and scope of services provided;
b. name of individuals that worked on the referenced project that have been included in Section 2.1 above.
c. client;
d. client project manager and contact information;
e. funds recovered; and
f. term of the engagement.
TAB 3 Approach and Methodology
Submit detailed information on the approach and methodology that the Proposer and its team has utilized on
previous engagements to accomplish a similar scope of work, including detailed information, as applicable, which
addresses, but need not be limited to:
1. Reviewing invoices and other documents for overcharges and mistakes.
2. Research inaccuracies in classification parameters.
3. Searching hidden profit margins.
4. Analyzing cause(s) of overcharges.
5. Expense reduction strategies for gas and electric utilities.
6. Identifying errors and submitting claims to utilities on behalf of the City.
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SECTION 0400 PROPOSAL EVALUATION
1. EVALUATION OF PROPOSALS. All responsive proposals will be evaluated in accordance with
this section. If more than one proposal is received, the City Manager may appoint an Evaluation
Committee to consider and provide feedback on the qualitative factors of each proposal. 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 RFQ, may, without an evaluation
committee, recommend to the City Commission that the Administration enter into negotiations. In the
evaluation of proposals, Proposers may be requested to make additional written submissions of a
clarifying nature or oral presentations to the Evaluation Committee. Failure to provide the requested
information within the time prescribed may result in the disqualification of proposal.
2. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance
with the following criteria:
3. QUALITATIVE CRITERIA. The Evaluation Committee shall review responsive, responsible
proposals and assign points for the qualitative factors only. The Evaluation Committee shall not
consider quantitative factors (e.g. revenue) in its review of proposals. The Evaluation Committee
shall act solely in an advisory capacity to the City Manager. The results of the Evaluation Committee
process do not constitute an award recommendation. The City Manager may utilize, but is not bound
by,the results of the Evaluation Committee process,as well as consider any feedback or information
provided by staff, consultants or any other third-party in developing an award recommendation in
accordance with Section 0100, Sub-section 10. In its review of proposals received, the Evaluation
Committee may review and score all proposals, with or without conducting interview sessions, in
accordance with the following criteria.
Qualitative Criteria Maximum Points
Experience and Qualifications 60
Approach and Methodology 40
TOTAL AVAILABLE POINTS for Qualitative Criteria 100
Quantitative Criteria Maximum Points
Veterans Preference 5
TOTAL AVAILABLE POINTS for Qualitative, Quantitative 105
and Veteran's Preference Criteria
4. QUANTITATIVE CRITERIA. Procurement Department staff will assign points for the quantitative
criteria. Veterans' Preference points will be assigned in accordance with Section 2-374 of the City
Code
5. DETERMINATION OF FINAL RANKING. The sum of the evaluation criteria points will be
converted to rankings in accordance with the example below:
Proposer A Proposer B Proposer C
Qualitative Points 82 74 80
Committee Quantitative Points 5 5 0
Member 1 Total 87 79 80
Rank 1 3 2
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Qualitative Points 82 85 72
Committee Quantitative Points 5 5 0
Member 2 Total 87 90 72
Rank 1 2 3
Qualitative Points 90 74 66
Committee Quantitative Points 5 5 0
Member 2 Total 95 79 66
Rank 1 2 3
Low Aggregate Score 3 7 8
Final Ranking* 1 2 3
It is important to note that the results of the proposal evaluation process in accordance with Section
0400 does not represent an award recommendation. The City Manager will utilize the results of the
proposal evaluation process, and any other information he deems appropriate, to develop an award
recommendation to the City Commission,which may differ from the results of the proposal evaluation
process and final rankings.
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APPENDIX A
MAM BEACH
Insurance Requirements
2021 -322-ND
UTILITY BILL AUDITING & EXPENSE
REDUCTION CONSULTING SERVICES -
GAS & ELECTRIC
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
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INSURANCE REQUIREMENTS
The vendor shall maintain the below required insurance in effect prior to awarding the contract and
for the duration of the contract. The maintenance of proper insurance coverage is a material element
of the contract and failure to maintain or renew coverage may be treated as a material breach of the
contract,which could result in withholding of payments or termination of the contract.
A. Professional Liability(Errors&Omissions) Insurance appropriate to the Consultant's
profession, with limit no less than $1,000,000.
Additional Insured-City of Miami Beach must be included by endorsement as an additional insured
with respect to all liability policies (except Professional Liability and Workers'Compensation) arising
out of work or operations performed on behalf of the contractor including materials, parts, or
equipment furnished in connection with such work or operations and automobiles owned, leased,
hired or borrowed in the form of an endorsement to the contractor's insurance.
Notice of Cancellation- Each insurance policy required above shall provide that coverage shall not
be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance
Services.
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect
the waiver of subrogation on the coverages required. However, this provision applies regardless of
whether the City has received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers— Insurance must be placed with insurers with a current A.M. Best rating
of A:VII or higher. If not rated,exceptions may be made for members of the Florida Insurance Funds
(i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do
insurance business in the State of Florida.
Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory
endorsements, or copies of the applicable insurance language, effecting coverage required by this
contract. All certificates and endorsements are to be received and approved by the City before work
commences. However,failure to obtain the required documents prior to the work beginning shall not
waive the Contractor's obligation to provide them. The City reserves the right to require complete,
certified copies of all required insurance policies, including endorsements, required by these
specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 4668 — ECM#35050
New York, NY 10163-4668
DocuSign Envelope ID:5F30C593-E975-4B51-B106-D2EAD78841337
MIAMI BEACH
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent,
EXIGIS, at:
Certificates-miamibeach@riskworks.com
Special Risks or Circumstances-The City of Miami Beach reserves the right to modify
these requirements, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
Balance of Page Intentionally Left Blank
DocuSign Envelope ID:5F30C593-E975-4B51-B106-D2EAD7884B37
ATTACHMENT C
SUNBIZ & PROPOSAL RESPONSE TO RFQ
DocuSign Envelope ID 5F30C593-E975-4B51-B106-D2EAD7884B37 DIVISION OF CORPORATIONS
Ltvt ioti of
;DpLpo 'rr_r0t\r
an official sits of Florida webilti
Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number /
Detail by FEI/EIN Number
Foreign Profit Corporation
TROY& BANKS CONSULTANTS, INC.
Cross Reference Name
TROY& BANKS, INC.
Filing Information
Document Number F12000004110
FEI/EIN Number 16-1464075
Date Filed 09/25/2012
State NY
Status ACTIVE
Principal Address
2216 KENSINGTON AVENUE
BUFFALO, NY 14226
Mailing Address
2216 KENSINGTON AVENUE
BUFFALO, NY 14226
Registered Agent Name&Address
CORPORATION SERVICE COMPANY
1201 HAYS STREET
TALLAHASSEE, FL 32301-2525
Name Changed: 07/22/2019
Address Changed: 07/22/2019
Officer/Director Detail
Name &Address
Title P
RANALLO, THOMAS T
' 126 SOUTHWEDGE DR
GETZVILLE, NY 14068
' Title VP
RANALLO, BONNIE L
19S SfI ITHWFlt;F f1R
DocuSign Envelope ID:5F30C593-E975-4B51-B106-D2EAD7884B37
(iE I LVILLh, NY 1405
Title S
Pancurak, MOLLY B
2033 Enfield Lane
Erie, PA 16509
Annual Reports
Report Year Filed Date
2019 01/30/2019
2020 01/16/2020
2021 02/02/2021
Document lmage_s
02/02/2021 --ANNUAL REPORT View image in PDF format
01/16/2020--ANNUAL REPORT View image in PDF format
07/22/2019--Reg.Agent Change View image in PDF format
01/30/2019--ANNUAL REPORT View image in PDF format
01/25/2018--ANNUAL REPORT View image in PDF format
01/09/2017--ANNUAL REPORT View image in PDF format
01/29/2016--ANNUAL REPORT View image in PDF format
01/07/2015--ANNUAL REPORT View image in PDF format
01/08/2014--ANNUAL REPORT View image in PDF format
04/17/2013--ANNUAL REPORT View image in PDF format
09/25/2012--Foreign Profit View image in PDF format
Florida Department of State,Division of Corporations
Rin ci IRiuITTAL QUESTIONNAIRE
DocuSign Envelope ID:5F30C593-E975-4B51-B106-D2EAD7884B37
SEC: I ION 1 - t3IU CERTIALAI ION
This uuuulilent is a REQUIRED FORM that must be submitted fully completed and submitted.
Solicitation No: Solicitation Title:
2021-322-ND Utility Bill Auditing & Expense Reduction Consulting Services -
Gas & Electric
BIDDERS NAME.Troy&Banks,Inc.
NO.OF YEARS IN BUSINESS.30 NO.OF YEARS IN BUSINESS LOCALLY.24 NO.OF EMPLOYEES.17
OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS nla
BIDDER PRIMARY ADDRESS(HEADQUARTERS).2216 Kensington Avenue
CITY Buffalo
STATE NY ZIP CODE:14226
TELEPHONE NO 716-8394402
TOLL FREE NO 800499-8599
FAX NO.'718-394452
BIDDER LOCAL ADDRESS.1713 Whitehall Drive,Suite 203
CITY:Davie
STATE:FL ZIP CODE 33324
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT Thomas Ransilo
ACCOUNT REP TELEPHONE NO.:7165173955
ACCOUNT REP TOLL FREE NO.:800499.8599 ext.1005
ACCOUNT REP EMAIL tranalloatroybanks.com
FEDERAL TAX IDENTIFICATION NO.:16-1464075
By virtue of submitting a bid, bidder agrees: a)to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents of any Addenda released hereto;
b) to be bound, at a minimum, to any and all specifications, terms and conditions contained herein or Addenda; c)that the bidder has
not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other
bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida
Sunshine and Public Records Laws; e) the bidder agrees if this bid is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida, for
the performance of all requirements to which the bid pertains; and f) that all responses, data and information contained in the bid
submittal are true and accurate.
The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the
contents of said document(s)are complete, true, and correct to the best of his/her knowledge and belief.
Name of Bidder's Authorized Renresentative: I Title of Bidder 's Authorized
DocuSign Envelope ID 5F30C593-E975-4B51-B106-D2EAD7884B37
,nuuy o ranL,uIan r<CNresentative:
Office Manager/ Corporate Secretary
DocuSign Envelope ID.5F30C593-E975-4B51-B106-D2EAD7884B37
,tc,I ION L - MLKNOWLtuUtIVILNT OF ADDENDUM
After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide
additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder
having received solicitation through the City's e-procurement system. However, bidders are solely responsible
for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the bidder has received all addendum released by the City pursuant to this
solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification.
Enter Initial to Enter Initial to Enter Initial to
Confirm Confirm Confirm Receipt
Receipt Receipt
TTR Addendum 1 Addendum 6 Addendum 11
TTR Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
If additional confirmation of addendum is required, submit under separate cover.
SECTION 3 - CONFLICT OF INTEREST
All bidders must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,
parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all bidders must disclose
the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more
in the bidder entity or any of its affiliates.
YES NO
If yes, please disclose the name(s):
2
3
4
5
6
SECTION 4 - FINANCIAL CAPACITY
When requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification
Report (SQR) directly to the City. 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 bidder. The
bidder shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696
Bidders are responsible for the accuracy of the information contained in its SQR. It is highly
recommended that each bidder review the information contained in its SQR for accuracy prior to
submittal to the City and as early as possible in the solicitation process. For assistance with any portion
of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495.
At time of request, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the
City, with bid or within three (3) days of request.
Crr-rarmi c _ NAr1DATr%DII IAA r i TDA1/CI Tn AND THE PURCHASE OF GOODS OR SERVICES FROM
DocuSign Envelope ID:5F30C593-E975-4B51-B106-D2EAD7884B37
MISSISSIPPI
Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the state of
Mississippi, as well as the purchase of goods or services sourced in Mississippi. Bidder shall agree that no
travel shall occur on behalf of the City of Miami Beach to Mississippi, nor shall any product or services it
provides to the City be sourced from this state.
By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Resolution 2016-29375
https://www.miamibeachfl.gov/wp-content/uploads/2017/11/2016-29375-Resolution-Vendor-Moratorium-for-
Services-Sources-from-North-Carolina-Mississippi-1.pdf
DocuSign Envelope ID 5F30C593-E975-4B51-B106-D2EAD7884B37
SECTION 6 - REFERENCES AND PAST PERFORMANCE
Project No. 2021-322-ND
Project Title Utility Bill Auditing & Expense Reduction Consulting Services - Gas
& Electric
Bidder shall submit at least three (3) references for whom the bidder has completed work similar in size and
nature as the work referenced in solicitation.
Reference No.1
Firm Name: City of New Haven CT
Contact Individual Name and Title: Michael Gormany, Budget Director/Acting Controller
Address: 200 Orange Street, New Haven, CT 06510
Telephone: 203-946-6413
Contact's Email: mgormany@newhavenct.gov
Narrative on Scope of Services Provided:
Troy & Banks will ensure the City of New Haven that all utility and telecom accounts are correctly billed. T&B shall
review and evaluate historical data including, but not limited to invoices, assigned PURA rates, and tariffs. We shall
review and audit invoices, and shall be responsible for final recovery of all owed amounts on behalf of the City.
In addition to recovering refunds, Troy & Banks will identify recommendations that will result in reduced expenses
primarily through the identification of alternate tariffs and rates that may be available.
Reference No.2
Firm Name: City of Virginia Beach VA
Contact Individual Name and Title: Lyndon Remias, City Auditor
Address: 2401 Courthouse Dr., Bldg. 1, 3rd Fl., Virginia Beach, VA 23456
Telephone: 757-385-5872
Contact's Email: LRemias@vbgov.com
Narrative on Scope of Services Provided:
Conduct audits of electric, sewer, water, fuel oil, natural gas, propane, telecom, cable TV, internet and cellular
services accounts; review and analyze billings; identify errors, submit claims, and obtain refunds from suppliers
resulting from billing errors; identify supplemental incentive programs; report project status, findings, refunds
recovered, savings produced, and recommendations to City staff as requested.
Reference No.3
Contact Individual Name and Title: City of Deerfield Beach FL - Ron McKenzie, Chief Information Officer
Address: 150 NE 2nd Ave., Deerfield Beach, FL 33441
Telephone: 954-571-7577
Contact's Email: rmckenzie@deerfield-beach.com
AA DocuSign Envelope ID:5F30C593-E975-4B51-B106-D2EAD7884B37
IVGI IGUVG V11 JL�V F./G VI JGI VIIiGJ rt VVIUGU.
Conduct audits of energy and utility and telecommunication accounts. Secure refunds, credits and cost reductions
resulting from the discovery of charges or costs that are in excess of those permitted or allowed and/or from
overcharges or billing errors.
ADocuSign EnvelopeICI ID 5F30C593-E975-4B51-B106-D2EAD7884B37
..uIu�I IQI I\c CI I%.0
Firm Name: City of Fort Lauderdale FL
Contact Individual Name and Title: Jason Bocchinfuso, Sustainability Administrator, Public Works Dept.
Address: 101 N.E. 3rd Ave., Fort Lauderdale, FL 33301
Telephone: 954-828-5267
Contact's Email: jbocchinfuso@fortlauderdale.gov
Narrative on Scope of Services Provided:
Energy Savings Consulting Services -to conduct energy audits, surveys, and training of select staff on energy, utility,
and telecommunication accounts.
SECTION 7 - STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions are available at https://www.miamibeachfl.gov/city-hall/procurement/standard-
terms-and-conditions/ By virtue of submitting a bid, bidder attests that they have read and understand the
applicable Standard Terms and Conditions as indicated in the solicitation.
Project No. 2021-322-ND
Project Title Utility Bill Auditing & Expense Reduction Consulting Services - Gas
& Electric
SECTION 8 - VENDOR CAMPAIGN CONTRIBUTIONS
Bidders 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
https://library.municode.com/fl/miami_beach/codes/code_of_ordinances?
nodeld=SPAGEOR_CH2AD ARTVIISTCODIV5CAFIRE
Bidders 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 bid submittal, in the event of such non-compliance.
Are there any individuals or entities (including your sub-consultants) with a controlling financial interest which
have 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.
YES NO
If yes, list name (first and last name) of individuals, occupation, amount and date:
First and Last Name "ontributor Occupation Amo_. Datt.
Contribution
1
2
3
4
5
6
7
8
9
DocuSign Envelope ID:5F30C593-E975-4B51-B106-D2EAD7884B37
btc,I IUw — ,U,rJtl!v,iurv, utbsMRMENT, OR CONTRACT CANCELLATION
Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-
performance by any public sector agency?
YES NO
If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s):
SECTION 10 - EQUAL BENEFITS FOR EMPLOYEES WITH SPOUSES
AND EMPLOYEES WITH DOMESTIC PARTNERS
When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time
employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance
2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant
to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees
with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami
Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits,
who are directly performing work on the contract within the City of Miami Beach.
Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees?
YES p NO
Does bidder provide or offer access to any benefits to employees with (same or opposite sex) domestic partners or to
domestic partners of employees?
YES U NO
Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such
as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance.
Bidder Provides for Bidder Provides for
BENEFIT Employees with Employees with Bidder does not
Spouses Domestic Partners Provide Benefit
Health X
Sick Leave X X
Family Medical Leave X X
Bereavement Leave X X
If Bidders cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no
insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures
compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable
Measures Application with all necessary documentation. Your Reasonable Measures Application will be reviewed for
consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final.
Further information on the Equal Benefits requirement is available at http://www.miamibeachfl.gov/city_
hall/procurement/procurement-related-ordinance-and-procedures/
DocuSign Envelope ID:5F30C593-E975-4B51-B106-D2EAD7884B37
SECTION 11 - BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM
APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned Contractor certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,
U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply
to this certification and disclosure, if any.
By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification.
Name of Bidder's Authorized Representative: Title of Bidder 's Authorized
Molly B Pancurak Representative:
Office Manager/Corporate Secretary
DocuSign Envelope ID 5F30C593-E975-4B51-B106-D2EAD7884B37
SECTION 12 —SUSPENSION AND DEBARMENT CERTIFICATION
The Contractor acknowledges that:
(1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is
required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2
C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor
did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the
City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C
while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further
agrees to include a provision requiring such compliance in its lower tier covered transactions."
By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification.
Name of Bidder's Authorized Representative: Title of Bidder's Authorized
Molly B. Pancurak Representative:
Office Manager/Corporate Secretary
ccrTION 13 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION
Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami-
Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County.
Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County?
L] YES NO
ACTION 14 - LGBT BUSINESS ENTERPRISE CERTIFICATION
Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an
LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC).
Does bidder possess LGBT Business Enterprise Certification by the NGLCC?
YES ;,I NO
SECTION 15 — CONE OF SIt.ENCE
Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award
recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The
Cone of Silence ordinance is available at https://library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COSl
Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited
with the of exception communications with the Procurement Director, or his/her administrative staff responsible for
administering the procurement process for this solicitation providing said communication is limited to matters of process
or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov .
Vandnr attectc that they have read iinderctanrl and are in compliance with the Cone of Silence Ordinance, pursuant to
DocuSign Envelope ID:5F30C593-E975-4B51-B106-D2EAD7884B37
Section L-425b or the Lay lobe!
p YES _. NO
DocuSign Envelope ID.5F30C593-E975-4B51-B106-D2EAD7884B37
ftl'lure le— LODE OF BUSINESS ETHICF
Pursuant to City Resolution No.2000-37879, the Bidder shall adopt a Code of Business Ethics ("Code") and submit that
Code to the Procurement Division with its response or within three (3) days upon receipt of request. The Code shall, at a
minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others,
the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
Bidder shall submit firm's Code of Business Ethics within three (3) of request by the City. In lieu of submitting Code of
Business Ethics, Vendor may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/
Bidder adopts the City of Miami Beach Code of Business Ethics?
p YES P NO
Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City?
n YES p NO
SECTION 17— DRUG FREE WORKPLACE CERTIFICATION
The Drug Free Workplace Certification is available at:
https://www.miamibeachfl.gov/wp-content/uploads/2019/04/DRUG-FREE-WORKPLACE-CERTIFICATION.pdf
By virtue of submitting bid, bidder certifies or affirms it has adopted policies, practices and standards consistent with the
City's Drug Free Workplace Certification.
SECTION 18— LOBBYIST REGISTRATION REQUIREMENTS
This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws. Bidders
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.
By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration
Requirements.
SECTION 19— NON-DISCRIMINATION
The Non-Discrimination ordinance is available at:
https://library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-375NSCCOREWA
By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami
Beach City Code.
SECT! ^' 7r1 rA'P CHANCE REQUIREMENT
The Fair Chance Ordinance No. 2016-4012 is available at:
https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR_CH62HURE ARTVFACHOR
By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's
Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon
request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of
contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages
that may be available at law and in equity.
SECTION 21 — PUBLIC ENTITY CRIMES
PIPaCe refer to SPrtinn 7R7 1111711a1 Flnrirla ctatiitec available at:
DocuSign Envelope ID: 5F30C593-E975-4B51-B106-D2EAD7884B37
haps://www.risenaIe.goviLawsitaIutesizuizizes/.1.33
By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has
not been placed on convicted vendor list.
DocuSign Envelope ID: 5F30C593-E975-4B51-B106-D2EAD7884B37
,tt.I ION LC — ift I tKHiv buSINESS ENTERPRISES PREFERENCE
Pursuant to City of Miami Beach Ordinance No. 2011-
3748, https://library.municode.com/fl/miami beach/codes/code of ordinances?
nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2-374PRPRPRVECOGOCOSE the City shall give a preference to a
responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s) or which is a
service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest and best bidder, by
providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid
amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more bidders which are a
small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute
the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation, and such bids are responsive,
responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled
veteran business enterprise.
Is the bidder a service-disabled veteran business enterprise certified by the State of Florida?
YES NO
Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government?
YES 5 NO
DocuSign Envelope ID:5F30C593-E975-4B51-B106-D2EAD7884837
City of Miami Beach, FL
Bid 2021-322-ND
TAB 1 — Cover Letter and Table of Contents
September 20, 2021
Natalia Delgado
Procurement
City of Miami Beach
NataliaDelgado@miamibeachfl.gov
RE: Bid 2021-322-ND
Dear Ms. Delgado:
It is with great pleasure that Troy & Banks, Inc. ("T&B") offers to serve the City of Miami
Beach, Florida ("City") at the same high level of service and professionalism that makes
Troy & Banks the choice of thousands of government and private clients, including The
Interlocal Purchasing System ("TIPS") of which the City of Miami Beach is a member. We
are proud to have been chosen in 2017 and again in 2020 to provide consulting and other
related services for TIPS members (TIPS Contract Number 200601).
We therefore gladly submit this Response to the Solicitation for Utility Bill Auditing & Expense
Reduction Consulting Services — Gas & Electric as requested by the City. We are confident
that the City of Miami Beach will conclude that our firm is the most experienced and qualified
firm to perform this audit. We have a proven track record in throughout the State of Florida of
auditing and negotiating/recovering savings related to the billing of utility services.
Proposer: Proposer Primary Contact:
Troy & Banks, Inc. Thomas T. Ranallo, President
2216 Kensington Avenue #716-839-4402 / 800-499-8599
Buffalo, NY 14226 tranallotroybanks.com
Troy & Banks shall review the City's accounts for various utilities to assure proper
invoicing and categorization by utility service providers.
I appreciate the opportunity to submit this proposal for your review. I can be reached at
1-800-499-8599 or tranallo a(�troybanks.com. Thank you.
Sincerely,
TROY & BANKS, INC.
BY:
Thomas T. Ranallo, President
TTR/mbp
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City of Miami Beach, FL
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Table of Contents:
PAGE NOS.
2021-322-ND-01-01 — TAB 1 — Cover Letter & Table of Contents
TAB 1 1.1 Cover Letter & Table of Contents 1-2
2021-322-ND-01-02 — TAB 2 — Experience & Qualifications
TAB 2 2.1 Organizational Chart 3 - 6
TAB 2 2.2 Relevant Experience of Prime Proposer 6 - 8
TAB 2 2.3 Relevant Experience of Sub-consultant(s)/Sub-contractor(s) 8
2021-322-ND-01-03 — TAB 3 —Approach and Methodology
TAB 3 3.1 Description 9 - 13
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City of Miami Beach, FL
Bid 2021-322-ND
SUBMIT TAB 2 — Experience & Qualifications
TAB 2.1 Organizational Chart
President
Thomas Ranallo
4N,„,s. Administrative
Staff
Audit Manager VP, Regulatory Affairs
Keith Wiese Edgar Fostveit
Lead Auditor
Justin Raybeck
Administrative Staff includes:
Molly Pancurak, Office Manager Auditor
Sarah Sauer, Office Support , Jim Campagna j
Kathy Staychock, Audit Support ......J
Auditor Auditor
Rick Staychock Jack Ranallo
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City of Miami Beach, FL
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The team for the City of Miami Beach will consist of the following key personnel:
Thomas T. Ranallo, President and Owner
• Founder - Troy & Banks, Inc.
• 30 years of management experience in the utility and telecom-auditing fields
• Successfully negotiated over $50 million in over billing refunds
• Successfully managed multiple site, multi-faceted audits for the following large
clients: Port Authority of New York & New Jersey, AMTRAK, New York Stock
Exchange, Bausch & Lomb, City of Albany, City of Buffalo, U.S. Postal Service -
Northeast Region, M&T Bank, Niagara Frontier Transportation Authority, HSBC
Bank, and Buffalo and Rochester City School Districts.
• He has had professional consulting training from the Center for Communications
Management Information including courses in the following: "Telecommunication
Audit Secrets"— Covering rules and regulations, options with competing providers
and auditing essentials; "Advanced Auditing Sessions"- Covering frame relay
technology, FCC's de-tariffing order, traffic analysis essentials and precision
auditing exercises; "Frame Relay Service and Billing"- Covering frame relay
technology; Institute on Public Utility Law — This continuing educational conference
included sessions on Network Reliability and Security, status of Telecom
Competition Three, Wind Energy, Fixed-Price Commodity Option, and Utility Land
Use Issues
Keith Wiese, Pre-Audit and Audit Coordinator
Organize audit data
Order utility and telecommunication histories and customer service records
• Coordinate the distribution of audit information to the appropriate auditors
• Perform follow-up work for the auditors
• Verify applicable credits and refunds
• 27 years with Troy & Banks
Edgar Fostveit, Regulatory Consultant
26 years with the New York State Public Service Commission, first as an
investigator, and later as a hearing officer (15 years).
• Ruled on gas and electric complaints submitted to the Commission by
consumers, and he is also experienced in tariff and Public Service Law.
Served as a consultant for the Pennsylvania Public Utility Commission and
Vermont Public Service Commission, and has provided frequent testimony in
three states as either a staff member or consultant, in cases involving utilities.
Energy Team:
Justin D. Raybeck, Energy Analyst
• 17 years' experience in the deregulated utilities industry
• Energy Consultant - analyzes rate and billing histories for New York State investor-
owned utilities and municipal utility providers, as well as out-of-state providers
• Researches and identifies over-billings, preparing necessary supporting evidence
for over-billing claims
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• Prepares discrepancy claim letters, documenting the over-billing, as well as
developing status reports
• Knowledge of tariffs for various utilities assures clients that they are being placed
on the most appropriate and money-saving rate
• Managed audits for clients such as:
Port Authority of NY & NJ Ohio Department of Transportation
City of Buffalo NY City of Phoenix AZ
New York State Police Department New York Stock Exchange
New York State Thruway Authority Onondaga-Cortland-Madison BOCES
James Campagna, Street Light Specialist
14 years' experience in the Street Lighting sector
• Prepares inventories of all street lighting accounts and verifies correct billing for
each light
Researches and identifies over-billings, preparing necessary supporting evidence
for over-billing claims
Prepares discrepancy claim letters, documenting the over-billing, as well as
developing status reports
Knowledge of tariffs for various utilities assures clients that they are being placed
on the correct street light rate
• Managed Street Light Audits for clients such as:
Geneva City Schools NY City of Buffalo NY
City of Virginia Beach VA City of Syracuse NY
James City County VA City of Olean NY
City of Utica NY Village of Royal Palm Beach FL
Rick Staychock, Client Services — Street Light Auditor
• Undergraduate and Graduate education in Geography and Planning with GIS
coursework
• Utilization of GIS technology to create digital streetlight map inventories with
desired attributes and photography for municipal clients
• Researches and identifies over-billings to prepare supporting evidence for over-
billing claims
• Prepares discrepancy claim letters, documents over-billing, as well as
development of status reports
• Since 2013 has conducted Street Light Field Audits for clients such as the Cities of
Pleasanton, CA, Macon-Bibb, GA, City of Huntington, WV
Jack Ranallo, Consultant— Street Light Auditor
Relevant Projects -
• Five years' experience in the Street Lighting sector
• Organizes GIS street light inventories
Performed Street Light Audits for clients such as:
City of Allentown, PA Town of Watertown, CT
Village of Great Neck, NY Town of Holden, MA
City of Macon-Bibb, GA Town of Rockland, MA
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City of Miami Beach, FL
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Additional Support Staff
The following individuals are responsible for the coordinating of office and support work.
Their primary responsibilities in support of the audit process are records attainment and
retention, data entry and management, application development and claim generation:
Molly Pancurak, Sarah Sauer, and Kathy Staychock.
2.2 Relevant Experience of Prime Proposer
Working for the public sector is not new for T&B. Since 1991, we have partnered with
over 20,000 clients. T&B has successfully represented over 3,500 cities, towns and
villages, 2,500 public school districts, 1,000 colleges/universities, 1,000 hospitals, 500
library systems and more than 1,500 state agencies. As you will see, the size of the
institution has never presented an obstacle for Troy & Banks.
Among its over 20,000 clients, T&B has successfully performed audits for thousands of
cities, counties, public school districts, and universities. We are proud to note that our
current municipality client list includes the Cities of Modesto, Clayton, Lafayette,
Montebello and Manhattan Beach CA; New Haven and Shelton CT; Cedar Rapids IA;
Evansville IN; Elizabeth NJ; Utica, Newburgh, Olean, and Ithaca NY; Heavener and
Woodward OK; Scranton PA; Virginia Beach, Colonial Heights, Suffolk, Newport News
and Poquoson VA; Lewisville TX; and Lewisburg and Morgantown WV, to name just a
few.
Our firm has or is currently performing forensic audits for municipalities throughout the
State of Florida such as Counties of Charlotte, Lee, St. Lucie, Gilchrist, Walton, Gulf and
Gadsden; Cities of Satellite Beach, Deerfield Beach, Fort Lauderdale, Casselberry, Port
Orange, Lauderdale Lakes, Belleair Bluffs, Dora!, Maitland, St. Pete Beach, Royal Palm
Beach and Naples, and the Town of Cutler Bay.
In the last 10 years alone, Troy & Banks has provided invoice auditing or expense
reduction, primarily for gas and electrical utilities for over 3,800 clients. Below is a
sampling of 10 clients to give you an idea of our Relevant Experience.
a. Audit of gas, electric and telecommunications service accounts
b. Thomas Ranallo, Keith Wiese, Ed Fostveit, Justin Raybeck, James Raybeck, Jack
Ranallo
c. City of Casselberry FL
d. James Newton, City Manager, #407-262-7700, jnewlon(@.casselberry.orq
e. $9,406.56 to date in refunds and savings
f. 6/8/20 to present
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City of Miami Beach, FL
Bid 2021-322-ND
a. Audit of natural gas, electric, telecommunications, water/sewer, diesel and fuel oil
services
b. Thomas Ranallo, Keith Wiese, Ed Fostveit, Justin Raybeck
c. Hillsborough County School District FL
d. Manuel Ippolito, Auditing Services Department, #813-272-4304,
Manuel.1ppolito(c.sdhc.k12.fl.us
e. $2,010,386.86 to date in refunds and savings
f. 2/8/18 to present
a. Audit of gas, electric and water/sewer accounts
b. Thomas Ranallo, Keith Wiese, Justin Raybeck, James Campagna
c. JPMorgan Chase & Co.
d. Gary Bertsch, VP-Property Management Finance, #212-622-4860,
gary.bertsch(a�jpmchase.com
e. $829,789.48 to date in refunds and savings
f. 3/17/17 to present
a. Provision of Utility and Fuel Audit Services — audit of gas and/or electric utility
service accounts
b. Thomas Ranallo, Keith Wiese, Ed Fostveit, Justin Raybeck, James Campagna
c. Onondaga-Cortland-Madison BOCES NY
d. Sean Joyce, Manager of Central Services, #315-433-8372, sjoyce(@,ocmboces.org
e. $2,276,241.87 to date in refunds and savings
f. 12/96, 7/03, 11/03, 5/11, 9/19 to present
a. Audit of Electric Service Accounts including Street Lighting — audit of City's street
lighting system and electricity service accounts
b. Thomas Ranallo, Keith Wiese, Justin Raybeck, James Campagna, Jack Ranallo
c. City of Buffalo NY
d. Kevin Kaufman, City Auditor, #716-851-4031, kkaufman@ch.ci.buffalo.ny.us
e. Almost $2 million to date in refunds and savings
f. 6/15 to present
a. Utility and Telecommunications Audit — audit of gas, electric, telecommunications
and water/sewer service accounts
b. Thomas Ranallo, Keith Wiese, Justin Raybeck
c. City of Woodward OK
d. Andrea Murlin, City Clerk, #580-254-8504, amurlin(c�cityofwoodward.com
e. Over $170,000 in refunds and credits
f. 9/24/18 — 6/17/20
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City of Miami Beach, FL
Bid 2021-322-ND
a. Utility and Telecommunications Audit— audit of electricity, gas, telephone and cell
phone/internet accounts
b. Thomas Ranallo, Keith Wiese, Justin Raybeck, Rick Staychock, Jack Ranallo
c. City of Manhattan Beach CA
d. Steve Charelian, Revenue Services Division Manager, #310-802-5555,
schareliancitymb.info
e. Over $67,000 in refunds and savings
f. 1/20/17 — 11/14/18
a. Utility and Telecommunications Audit — audit of the City's gas, electric (including
the street light system), telecommunications, and water/sewer accounts
b. Thomas Ranallo, Keith Wiese, Justin Raybeck, James Campagna, Rick Staychock
c. City of Huntington WV
d. Ericka Hernandez Hostetter, Assistant City Attorney, #304-696-4480,
hernandeze(@,cityofhuntington.com
e. $188,643.73 in refunds and credits
f. 6/9/15 — 10/15/18
a. Utility & Telecommunication Auditing Services — audit of electric, gas, water/sewer,
and telecommunication services
b. Thomas Ranallo, Keith Wiese, Justin Raybeck, James Campagna
c. Prince George's County Public Schools MD
d. Kristy Miller, Fiscal Compliance Officer, #301-952-6073, kristy.milleran,pgcps.orq
e. $1,025,062.93 in refunds and credits
f. 10/7/15 — 5/1/18
a. Utility and Telecom Auditing Services — audit of gas, electric, telecommunications,
and water/sewer accounts
b. Thomas Ranallo, Keith Wiese, Justin Raybeck, Rick Staychock
c. City of Pleasanton CA
d. Tina Olsen, Director of Finance, #925-931-5402, tolson@cityofpleasantonca.gov
e. $1,185.32 in refunds and $294,866.12 in future savings
f. 3/11/15 — 11/7/17
2.3 Relevant Experience of Sub-consultant(s)/Sub-contractor(s)
Not applicable — Troy & Banks does not utilize sub-consultants/sub-contractors.
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City of Miami Beach, FL
Bid 2021-322-ND
SUBMIT TAB 3 —Approach and Methodology
Troy & Banks standard services on all of our previous engagements to accomplish a
similar scope of work of gas and electric utility bill auditing and expense reduction
consulting services include all of the following, but are not limited to:
1. Reviewing invoices and other documents for overcharges and mistakes.
2. Research inaccuracies in classification parameters.
3. Searching hidden profit margins.
4. Analyzing cause(s) of overcharges.
5. Expense reduction strategies for gas and electric utilities.
6. Identifying errors and submitting claims to utilities on behalf of the City.
Approach:
An audit by Troy & Banks involves very little involvement on the part of the City after we
have obtained the initial paperwork.
To initiate a review, the City will simply provide us with one copy of each utility bill for the
utility accounts that serve the City facilities to ensure the accuracy of the bills. Troy &
Banks can extract the necessary billing detail electronically. Our auditors will review the
utility billing history for the previous five (5) years as per the State of Florida Statute of
Limitations.
Troy & Banks will collect all pertinent vendor account records including invoices and
contracts for services. We will perform a full inventory audit to ensure that all services are
being utilized in the most efficient and effective manner.
We specialize in forensic bill analysis to determine billing errors. In some circumstances
these mistakes have been ongoing for months or even years. We make sure those
mistakes are corrected immediately to reduce your costs and secure any refunds due.
T&B will not only perform the audit and examine the records but also ensure correction of
records, ensure collection of any over billed services, and provide recommendations for
improvements.
We are committed to ensuring a timely and successful completion of every audit
undertaken. All audits are monitored by an audit coordinator and tracked in our database.
This helps to ensure that all audits are progressing smoothly. T&B also has a team
dedicated to following up on requests for billing history, as well as claims submitted on
your behalf, ensuring that requests for information and claims are responded to promptly.
The schedule of the audit will be tailored to the needs of the City of Miami Beach.
Typically, we follow a three-phase process - an organizational phase (phase 1), an audit
phase (phase 2), and a claims resolution phase (phase 3). They are described as
follows:
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PHASE I —AUDIT SET UP (Approx. 45 days)
• Obtain from the City account numbers from utility vendors. If online information is not
available, then obtain one (1) monthly copy of all invoices.
• Obtain from the City all contracts executed with the utility vendors.
• Collect Customer Service Records and historical transcripts from the designated
vendors.
• Organize all invoice and data into T&B's specialized software.
PHASE II — DETAILED AUDIT (Approx. 2-8 weeks)
• Conduct a physical inventory (if necessary) of all services at the City's facilities. This
visit would be coordinated with the proper City personnel.
• T&B shall perform a detailed audit of the City's utility accounts. Our analysts shall
review all monthly charges rendered by utility proviers for potential savings or billing
discrpancies. Our software is designed to check for billing errors in present tariff
rates, discounts, contracts, or vendors.
• If over-billing has occurred, T&B shall prepare a claim letter documenting the findings.
PHASE III — REFUND CLAIM NEGOTIATIONS
& COST SAVINGS IMPLEMENTATIONS (Approx. 4-8 weeks)
• T&B will report any errors finds to the appropriate vendors with supporting evidence
and requests for reimbursement. These reports shall be given simultaneously to the
appropriate customer contact for the City.
• Negotiate any refund claims (including applicable interest) directly with the utility
vendors as provided by law and regulation and consistent with the time periods
established by applicable statutes of limitation. Confirm that all erroneous charges are
removed from future billings. T&B will prepare a statement of the amounts of each
credit and an estimated date of receipt of the credit or refund.
• Report any future reduction recommendations to the appropriate City contact for
acceptance or rejection.
• Report to utility vendors any future savings recommendations accepted and approved
by the City.
The following is a general time schedule for the scope of work for the audit:
A. Analyze historical account billing for accuracy of charges for the various vendors:
✓ We will be able to start the audit immediately upon notification of award by the City. It
will take approximately 30-45 days to obtain the historical account billing. As soon as
account information is received, we will start the analysis. It will then take about two to
eight weeks to conduct the audit of all monthly charges.
B. Prepare a written report to the City on any billing inaccuracies or discrepancies:
✓ It will take about two weeks to prepare the written report on any billing inaccuracies or
discrepancies following our detailed audit.
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C. Prepare a written report on the recommended steps for the City to take to correct
billing inaccuracies and procure refunds, if applicable:
✓ We estimate about two weeks to prepare the written report on the recommended
steps for the City to take, if applicable, following our analysis.
D. Prepare a detailed list of recommendations, including implementation plan and
estimated cost savings for each recommendation:
✓ T&B will prepare the detailed list of recommendations at the conclusion of our audit.
E. Assist the City in correcting billing inaccuracies, implementing recommendations and
procuring refunds:
✓ In general, it will take approximately six to eight months to assist the City in correcting
billing inaccuracies, implementing recommendations and procuring refunds.
Troy & Banks will identify errors and submit claims to the service providers on behalf of
the City. At a minimum, T&B shall identify errors related to:
a. Meter reading errors
b. Rates not in accordance with the City's contracts
c. Charges billed for incorrect or nonexistent equipment
d. Meter malfunctions types
e. Incorrect meter installed by the utility company
f. Clerical errors in bill computations
g. Wrong factors applied
h. Incorrect tax charges
In addition to error detection and recovering refunds, T&B will analyze rates and provide
recommendations to reduce on-going costs. We will identify possible cost saving
recommendations that will result in reduced expenses primarily through the identification
of alternate tariffs and rates that may be available. Cost-savings recommendations are
always subject to the review and approval of the City prior to implementation. Cost
savings recommendations may include, but are not limited to:
a. Alternate rates and riders offered by existing suppliers that may result in lower costs
b. Combination of splitting of meters for billing purposes
c. Correction of power factor penalties
d. Negotiation of special contracts to eliminate punitive clauses
In order to measure the savings on which payments will be made, the existing bill which
was issued using the new rate or tariff will be recalculated using the old rate or tariff. The
difference between the bill under the new rate or tariff and the bill recalculated under the
old rate or tariff shall be the savings.
T&B will provide quantitative and narrative reports over the course of the audit. Our
reports will identify and describe the basis for any refund and on-going reduction of
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charges. The reports shall include possible cost savings recommendations that would
result in reduced expenses for the City. At a minimum, reports will include:
a. Utility bills reviewed and evaluated
b. Refunds due to the City
c. Current list of all accounts/meters will include: buildings/facilities covered under
utility franchise agreements. Listing at a minimum, facility name, address, utility
usage, meter numbers, account numbers, total annual cost by meter, and general
usage information.
d. Correspondence from utility providers agreeing to amounts of the refund due to the
City, and methods to be used to refund money owed the City.
e. Recommendation and guidance on industry best practices for utility bill intake,
processing, data entry, and record keeping.
f. User-friendly guide to identify common utility billing errors for each type of utility bill
reviewed by City staff for training purposes.
Methodology:
T&B will be aggressive and diligent in obtaining all refunds due and cost savings that can
be realized and have been approved by the City of Miami Beach. We know that mere
identification of incorrect rate schedules is not considered an aggressive and diligent
review program. With our forensic audit services over the past 30 years, we have
successfully reviewed bills from hundreds of utility companies throughout the U.S.
Each step of the audit process requires that data is tracked and logged. Invoice copies,
transcripts, account numbers, vendors and their representatives, phone numbers, fax
numbers, e-mails, vendor addresses, updated tariff information, audit results, claim items,
claim dates, claim results, refund results, public service complaint submissions, and
hearing dates and resolutions all contribute to the data that needs to be managed,
analyzed and organized.
Our auditors make sure that customers are only charged approved and agreed upon utility
rates, tariffs, and service options. We research tariff options, billing histories, service
classifications, rate changes, service option modifications, and contract changes.
We work collectively with the utility company and the client in order to identity and to
isolate any services which are either not present or not in use. T&B will, at their
discretion, provide a technician on site to conduct an inventory of all services. Our
technicians are highly trained former carrier technicians and work on site to build an
active inventory along with service status information for use in our audit process.
The methodology used to implement the recommended changes with each utility provider
is once discrepancies to accounts are identified, T&B prepares a claim letter for the
provider, documenting our findings. If necessary, we then personally follow up with each
provider to ensure that the changes specified have taken place. We then continue to
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monitor your accounts to ensure that the billing errors have stopped, and the appropriate
changes were implemented.
Troy & Banks will identify any incorrect billing amounts for current services as well as identify
any charges for non-existent services. Once the City has reviewed and agreed to our
findings, we will assist in obtaining any refunds owed and be prepared to act on the City's
behalf when presenting the findings to the City's utility vendors.
Additional Services:
Troy & Banks shall identify supplemental incentive programs for which the City may be
qualified for with current suppliers. Further, we will identify alternative utility services or
providers which may result in cost savings, including the use of deregulated and open
market providers.
In addition to our utility management services, T&B handles commodity procurement for
numerous municipalities, state agencies, public authorities, manufacturers and non-profit
organizations and has been doing so for many years along with our bill auditing services for
those agencies. T&B's energy procurement services team works together with our clients to
develop a purchase strategy that fits the client's specific needs. Our knowledge of the
marketplace and the products available will assist the City in making the best possible
purchase of their energy. Due to our experience and reputation, suppliers are aware they
need to provide the best possible price in order to compete for our clients' business.
Further, Troy & Banks provides forensic audit services of fuel, water/sewer, and all
telecommunications accounts, including cellular, local, long distance and data.
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