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Professional Service Agreement between CMB and Matrix Consulting Services PursuantDocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E3626CE1 2(:)23- 3z,519 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND MATRIX CONSULTING GROUP, LTD FOR COST ALLOCATION CONSULTING SERVICES PURSUANT TO RFQ 2023-006-WG 8/31/2023 i 5' ?M EDT This Professional Services Agreement ("'Agreement") is entered into this (E�ective 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"), and MATRIX CONSULTING GROUP, LTD, a corporation organized in the State of California and registered to do business in the State of Florida, whose address is 1650 S. Amphlett Boulevard, Ste. 213, San Mateo, CA 94402. 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 Office of Management and Budget 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. 2023-006- WG] for Cost Allocation Consulting Services, 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 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. 26724; and fax number (305) 673-7529. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A" hereto (the "Services"). Although Consultant may be provided with a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Consultant; where the Services are performed (although the City will provide Consultant with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Consultant should contact the following person: Tameka Otto -Stewart, Budget & Performance Improvement Director Office of Management and Budget 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7510 ext. 26396 tamekaottostewarta( -miamibeachfl.gov 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit A. 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. The Consultant shall maintain, for the entirety of the initial three-year term, the fees, terms, and conditions included in Exhibit "A" Scope of Services). The agreement shall have three (3) additional one-year renewal options, to be exercised at the City Manager's sole option and discretion, by providing the Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the Consultant. 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. 2 Docu Sign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 SECTION 4 FEE 4.1 In consideration of the Services to be provided, the Consultant shall be compensated pursuant to Exhibit A Fees. 4.2 [NOT USED]. 4.3 (NOT USED) 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Accounts Payable: Payables�Dmiamibeachfl.gov 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. 3 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E36213CE1 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 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 limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. 0 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 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 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 be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. 6.3 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 operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Consultant's insurance. 6.4 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. 6.5 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. 6.6 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. 5 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E3626CE1 6.7 Verification of Coverage — Consultant 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 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(a)riskworks.com 6.8 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. 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. 0 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9l36F-1D11E3626CE1 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. 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. 7 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 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 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. H. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 (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: i. 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. (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, 4 DocuSign Envelope ID:42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami -Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the 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. Ti7 DocuSign Envelope ID:42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 (D) REQUEST FOR RECORDS, NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement, (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable 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: RAFAELGRANADO aaMIAMIBEACHFL.GOV PHONE: 305-673-7411 11 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 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, upon leaming 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 its 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. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period 12 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E362BCE1 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, Florida 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 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 under this Agreement, entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (13)(1) or (13)(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 (13)(1) or (13)(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 (13)(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. 13 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9l36F-1D11E362BCE1 SECTION 11 NOTICES Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Matrix Consulting Group, LTD 1650 S. Amphlett Boulevard, Ste. 213 San Mateo, CA 94402 Attn: Richard Brady TO CITY: Office of Management and Budget City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Tameka Otto -Stewart, Office of Management and Budget Director 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 14 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E362BCE1 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. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 15 DocuSign Envelope ID: 42FBA228-CA31-4DBC-966F-1 D11 E362113CE1 DocuSign Envelope ID: D13824DA4-411309-4048-91D19-21 CBFF0058CB 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: ATTEST: CUSigned by: ,, -- CDo.AFME46F thy: f- � Rafael E. Granado, City Clerk Date: 8/31/2023 1 5:28 PM EDT FOR CONSULTANT: MATRIX CONSULTING GROUP, LTD Richard Brady, President Print Name and Title Date: 8-24-23 16 CITY OF MIAMI BEACH, FLORIDA Ina T. Hudak, City Manager APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION o� 22 City Attorney '.r Date DocuSign Envelope ID:42FBA228-CA31-4DBC-9B6F-1D11E3626CE1 Exhibit A SCOPE OF SERVICES The cost allocations plans shall specifically focus on the following areas: 1. Citywide Federal and Full Cost Allocation Plans (FCAP) based on actual financial and statistical data for the fiscal year ending September 30. 2. Cost of City services eligible to be funded from resort taxes collected by the City, based on actual financial and statistical data for the fiscal year ending September 30, Full Cost Allocation Plan $11,500,00 Resort Tax Fund Cost Plan $ 6,500.00 Federal (OMB Compliant) Cost Allocation Plan (Upon Request only) $ 6,000.00 The plans shall document the costs of services under each area and allocate the costs to the department which spent the funding and provided the intended services. The Consultant must use a standard cost allocation methodology and cost principles based on full (FCAP) and federal (2 CFR Part 200) cost principles. The studies shall clearly outline the methodology utilized and the actual calculated allowable allocation rates. All supporting documents must be submitted. Other relevant Cost Allocation Services $250 Hourly Rate -Project Executive $200 Hourly Rate -Project Manager $125 Hourly Rate -Analyst Project Schedule and Timeline Specified Cost Allocation plans are to be initiated in November of each year with completion dates by January. Project Schedule Task Deliverable Week Data Collection and Project Schedule Week 1 Meet with Select City Staff Weeks 2 - 5 Review/Discussion of Data Weeks 3 - 6 Development of Draft Models Weeks 5 - 7 Comparison of Draft Results Weeks 6 - 9 Final Cost Plans Weeks 8 —12 Final Reports and Summary Schedule Weeks 10 —12 Task 1 Data Collection Prior to our initial meeting, the Matrix Consulting Group will provide the City with a list of initial data requirements for the study. This will allow our project team to review this information thoroughly in preparation for initial discussions with staff. A common list of data collection items includes: Budgeted expenditures on a fund, department, division, and line -item basis. • Audited actual expenditures on a fund, department, division, and line -item basis. 17 DocuSign Envelope ID:42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 • List of all budgeted personnel by fund, department, and division. • List of typical or previous metrics utilized in the development of the Cost Plans. • Copy of current organizational chart. The provision of these items allows our project team to familiarize themselves with the City's structure and its current cost allocation practices. Task 2 Study Objectives and Project Schedule Once the data has been collected, the project team will then meet with designated City staff to discuss any issues identified by the project team, as well as to clarify any existing concerns held by the City as it relates to the current cost allocation methodology. Discussions will include: • Review of the City's specific needs and critical issues surrounding the development and implementation of each cost allocation plan. • Opportunities for improvement and restructuring of previous plans, and/or review and discussion of existing cost allocation methodologies. • Discussion of the uses of each cost allocation plan, as well as concerns or issues that should be addressed during the development of each plan. At the culmination of the meeting, the project team and the designated City staff will leave with a greater understanding of the overall approach and methodology that will be taken by the project team to conduct the Cost Allocation studies for the City. Task 3 Interview Staff and Gather Data The project team would review the City's existing Cost Allocation Plan and financial structure to identify City departments and services to be allocated. To structure a custom cost allocation model, our project team would perform the following: • Review and discuss the accounting (fund and organizational levels) structure of the City based upon the budgeted expenditures to identify any anomalies from previous years. • Identify and meet with specific central services departments to develop allocation bases and ensure that the plan reflects the following aspects: - All current services provided by the Department are identified and documented within the Cost Allocation Plan. - Allocation bases to be utilized are reflective of the current level of effort and most relatable to the service being performed. • Discuss alternative allocation procedures, including possible outcomes and potential impacts of each method. The points above provide examples of the types of detailed and in-depth discussions that the project team will have with City Departments involved in the cost allocation process. At this point in the process, the project team would reach out to each department and ask for any specific allocation metrics such as purchase orders, invoices, sq. ft. per facility maintained, etc. Task 4 Review of Draft Cost Allocation Metrics Based upon units of service identified in Task 2 and the allocation metrics collected, the project team would put together allocation statistic workbooks for review with specific Central Service Departments. The purpose of these workbooks is to review the initial results of the allocation metrics gathered by the project team. The following graphic shows an example of the allocation workbook: 18 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E3626CE1 Fund Dept D46C 1 10 City Manager 1 16 Human Resources 1 20 City Attorney 1 30 Police 1 35 Fire 9 of AR Transactions per Fundt0ept Allocation % 3 0.87% 30 8.75 n 30 8 75% 58 19.83% 1 0.29% 1 40 Development Services 7 2.04% 1 50 Public Works Streets 5 1.46 50 Public Works Facilities 0.29% 1 50 Public Works Community Services 185 53.94% 10 Watef 1 0.29% 14 Sewer 8 2.33 1. 29 Self -Insured Fund Liability In 4 1.17% 343 100.00% In the sample graphic provided, based upon the number of AR Transactions per Fund/Department, the primary support is for Public Works Community Services (54%) for all the Parks and Recreation transactions, followed by Police (20%). Based upon the results of this sample, the project team would verify with Finance that the statistics were allocated to the appropriate fund/department and that the resulting percentage is reflective of the support being provided by the Accounts Receivable staff and function. This type of detailed review is critical for the development of a defensible cost allocation plan. It also ensures that departmental staff and city staff are comfortable with the use of the allocation metrics and the support that those metrics represent. Task 5 Structure and Prepare Draft Cost Allocation Model Once the Central Service departments and administrative functional areas have agreed upon the appropriate allocation metrics for their services; allowable administrative or other indirect costs are allocated to each benefiting City department, operating unit or fund. At this point the project team would begin customizing the Cost Plan model to meet the City's specified needs, including: • Ensuring methodologies and assumptions comply with Federal regulations and general accounting principles. • Providing the ability to add or remove direct or indirect costs as future needs and programs change. During the development of the cost allocation plans, the project team will ensure that any expenses included in the plan are vetted and reviewed with Budget staff as well as incorporate any direct reimbursements. The results of the draft custom cost allocation models will be provided to City staff in numerical format in excel prior to the development of a draft report. Task 6 Comparison to Previous Cost Allocation Plans The results of Task 6 will be a numerical excel workbook that compares the results of the initial draft Cost Allocation Plans to the results of the previous cost plans. This workbook typically includes the following component • Comparison of Total Costs Included; This tab compares all the central service expenditures that were included previously compared to the current year. Any significant changes are highlighted, and notes are provided for the difference. 19 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 • Comparison of Total Costs Allocated: This tab compares by central service the costs that got allocated out to receivers, as depending upon allocated or unallowable costs these can vary from the total costs included. It also provides insight into any potential structural changes and their impact on the plan's results. • Comparison of Receivers: This tab compares by receiving department and /or fund the total cost allocated to them in the prior year's cost plan compared to this the proposed costs being allocated. Any changes of more than 5% are explained in a notes section including providing numerical references where appropriate. • Detailed Summary Results: This tab shows in excel format the detailed summary schedule produced by the cost allocation plan, so by central service the total cost allocated to each receiving department for the current year. This flux analysis workbook is an efficient way in which we can review the results of the cost plan with the City. The budget office staff can determine based upon the notes if there are any concerns. This type of review also minimizes the number of draft reports that are reviewed by staff. The results of this analysis will be three different workbooks — Full Cost Comparison, OMB Comparison, and Resort Tax Comparison. For the Resort Tax Comparison, there will also be detail regarding the change in the metric's support to the Resort Tax fund. Task 7 Finalize Cost Allocation Plans Upon review and approval of the draft cost plan by central service departments and the Budget Office, the project team will finalize the Cost Allocation Plans and reports. The final deliverables associated with the Cost Allocation Plan will be: • Cost Allocation Plan Report: including all detailed allocation schedules, cost schedules, summary schedules, and narrative information regarding the central services included. • Excel Summary Schedule: the results of the full cost allocation plan in excel format for ease of calculations, incorporation into City documents, and review for City staff. • Comparison Memo: a memo describing key differences between current and previous cost allocation plans. • Indirect Rates: a summary of the indirect rates to be assessed to city funds and departments for reimbursement to the general fund. These deliverables will allow the City to have clear documentation of the final Cost Plans developed. There may be three separate reports developed — Full Cost Plan, OMB Cost Plan, and Resort Tax Cost Allocation Plan. 20 DocuSign Envelope ID 42FBA228-CA31-4DBC-9B6F-1D11E36213CE1 RESOLUTION NO 2023-32599 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) 2023-006-WG COST ALLOCATION CONSULTANT, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH MATRIX CONSULTING GROUP, LTD., THE TOP -RANKED PROPOSER; AND, IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP - RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH MGT OF AMERICA CONSULTING, LLC, THE SECOND - RANKED PROPOSER; AND, IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND -RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH MAXIMUS US SERVICES, INC., 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 December 14, 2022, the Mayor and City Commission approved the issuance of RFQ 2023-006-WG Cost Allocation Consultant; and WHEREAS, on January 26, 2023, the City received proposals from the following three (3) firms: Matrix Consulting Group, Ltd., Maximus US Services, Inc., and MGT of America Consulting, LLC; and WHEREAS, on March 20, 2023, the Evaluation Committee appointed by the City Manager comprised of Maria Cerna, Division Director, Capital Improvement Projects; Natasha Diaz, Deputy Director, Building Department; Carmen Sanchez, Deputy Director, Planning Department; Tameka Otto Stewart, Director, Budget and Performance Improvement Department; and Shandelle Stewart, Financial Analyst III, Public Works Department; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance, the Government Sunshine Law, and general information on the scope of services and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the evaluation process resulted in the proposers being ranked by the Evaluation Committee in the following order: 1 st ranked — Matrix Consulting Group, Ltd. 2nd ranked — MGT of America Consulting, LLC 3rd ranked — Maximus US Services, Inc.; and WHEREAS, after reviewing all of the submissions, the City Manager concurs with the Evaluation Committee and find Matrix Consulting Group, Ltd., the top -ranked firm, to be the best -qualified firm to provide cost allocation consulting services for the city of Miami Beach; and DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D1 1 E3626CE1 WHEREAS, Matrix Consulting Group, Ltd, provides services with a unique familiarity of the City's financial structure and needs, having developed the City's most recent Cost Allocation studies; and WHEREAS, the second -ranked and third -ranked firms, MGT of America Consulting, LLC and Maximus US Services, Inc., are well -qualified and should be considered, in order of rank, if negotiations with Matrix Consulting Group, Ltd. are not successful_ NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) 2023-006-WG Cost Allocation Consultant, authorize the Administration to enter into negotiations with Matrix Consulting Group, Ltd., the top -ranked proposer; and, if unsuccessful in negotiating an agreement with the top -ranked proposer, authorize the Administration to negotiate with MGT of America Consulting, LLC, the second -ranked proposer; and, if unsuccessful in negotiating an agreement with the second -ranked proposer,authorize the Administration to negotiate with Maximus Us Services, Inc., 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 17 day of Mey 2023. ATTEST: MAY 7023 RAFAEL . G NADO, CITY CLERK ii upto APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attomey Date DAN GELBER, MAYOR DocuSign Envelope lU 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Competitive Bid Reports - C2 C MIAAAI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: May 17, 2023 SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) 2023-006-WG COST ALLOCATION CONSULTANT, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH MATRIX CONSULTING GROUP, LTD., THE TOP -RANKED PROPOSER; AND, IF UNSUCCESSFUL, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH MGT OF AMERICA CONSULTING, LLC, THE SECOND -RANKED PROPOSER; AND, IF UNSUCCESSFUL, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH MAXIMUS US SERVICES, INC., 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. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the Resolution accepting the City Manager's recommendation pertaining to the proposals received, pursuant to RFQ 2023-006-WG, Cost Allocation Consultant, authorizing the Administration to enter into negotiations with Matrix Consulting Group, Ltd, as the top -ranked proposer, and, if unsuccessful, authorizing the Administration to enter into negotiations with MGT of America Consulting, LLC, as the second -ranked proposer; and, if unsuccessful, authorizing the Administration to enter into negotiations with Maximus US Services, Inc., as the third -ranked proposer. The Resolution further authorizes the City Manager and City Cleric to execute an agreement upon the conclusion of successful negotiations. This solicitation is currently under the cone of silence. BACKGROUND/HISTORY On December 15, 2021, the City entered into an Agreement with Matrix Consulting Group, pursuant RFLI 2022-051-JA to provide cost allocation plans for the purpose of distributing administrative and/or overhead costs to various funds and functions and other related services. The Agreement allowed for the completion of cost allocation plans for the fiscal years ending 2021 and 2022. Page 66 of 945 Docu Sign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 The cost allocations plans specifically focus on the following areas: 1. Citywide Federal and Full Cost Allocation Plans (FCAP) based on actual financial and statistical data. 2. Cost of City services eligible to be funded from resort taxes collected by the City, based on actual financial and statistical data. The plans document the costs of services under each area and allocate the costs to the department which spent the funding and provided the intended services. The consultant must use a standard cost allocation methodology and cost principles based on full (FCAP) and federal (2 CFR Part 200) cost principles. The studies clearly outline the methodology utilized and the actual calculated allowable allocation rates. Accordingly, the Administration prepared RFQ 2023-006-WG seeking proposals with the intent of selecting the most qualified fimi(s) with whom a replacement agreement could be negotiated. ANALYSIS On December 14, 2022, The Mayor and City Commission approved the issuance of RFQ 2023-006-WG Cost Allocation Consultant. The Procurement Department issued bid notices to 10580 companies utilizing the City's e-procurement system, with 37 prospective bidders accessing the solicitation. RFQ responses were due and received on January 26, 2023. The City received proposals from the following firms: Matrix Consulting Group, Ltd., Maximus US Services, Inc., and MGT of America Consulting, LLC. On March 20, 2023, the Evaluation Committee appointed by the City Manager convened to consider the proposals received. The Committee was comprised of Maria Cema, Division Director, Capital Improvement Projects, Natasha Diaz, Deputy Director, Building Department, Carmen Sanchez, Deputy Director, Planning Department, Tameka Otto Stewart, Director, Budget and Performance Improvement Department, and Shandelle Stewart, Financial Analyst III, Public Works Department. The Committee was provided an overview of the project, and 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 proposers being ranked by the Evaluation Committee in the following order (See Attachment A).- 1 st ranked — Matrix Consulting Group, Ltd. 2nd ranked — MGT of America Consulting, LLC 3rd ranked — Maximus US Services, Inc. The following is a summary of the three firms. Matrix Consulting Group. Ltd The Matrix Consulting Group was founded in 2002, incorporated, and headquartered in California, with regional offices in Irvine (CA), Edwardsville (IL), the Dallas Metroplex, Portland (OR), and the Tampa (FL) area. The firm is a management consulting firm dedicated to Page 67 of 945 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 providing quality analytical assistance to local and state governments. Matrix Consulting has worked with over 1,500 govemment agencies, conducting cost -of -service and management studies and providing recommendations relating to operations, improvements, and cost recovery. The firm has conducted 300+ cost -of -service studies for municipalities over the last 20 years across the United States, with recent clients including Miami Beach, Cape Coral, Fort Lauderdale, and Osceola County; Juneau, (AK), and Dallas (TX). MOT of America Consulting, LLC MGT of America Consulting, LLC (MGT) began operations in 1974 as a public sector research firm and has expanded its consulting capabilities and client offerings over the years. MGT is organized as a privately held, employee -owned, limited liability company with a deep roster of experienced cost allocation experts, and support resources. Prior to working as consultants, many of its consultants have worked in government agencies as managers and staff. MGT provides a wide range of cost allocation services, ranging from city and county indirect plan preparation, calculation, and negotiation of statewide indirect cost allocation plans, to public assistance cost allocation narrative review, development, and federal claiming assistance. MGT currently provides cost allocation plans for various Florida cities and counties such as the City of Fort Lauderdale, Broward County, Pinellas County, Collier County, and South Florida Water Management District. maximus uz.) z)ervlces inc, Maximus US Services, Inc. (Maximus), a wholly owned subsidiary of Maximus, Inc. As one of the nation's leading providers of govemment cost accounting services, Maximus has completed thousands of cost studies for state and local govemments for over 47 years. Maximus offers the City of Miami Beach both a national perspective and in-depth knowledge specific to Florida local govemment. In addition, the proposed project team has a thorough working understanding of the U.S. Office of Management and Budget (OMB) cost principles and proven success in executing the standard methodology. Maximus has extensive cost allocation experience, working with dozens of Florida state and local govemments. Some of their current clients include Hallandale Beach, Palm Bay, Collier County, Manatee County, Palm Beach County, and Miami -Dade County. SUPPORTING SURVEY DATA Not Applicable FINANCIAL INFORMATION Services for this contract would be funded through the Department's operational budget. Histodcally, resort tax and citywide cost allocation services have been billed on a lump -sum (per - study) basis. The initial studies were provided at a cost of $25,000 per study. However, because the studies have only required updates during the last three fiscal years, costs have been negotiated down to $15,000 per study. Amount(s)/Account(s): Page 68 of 945 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Accounts: 011-9322-000312 and 160-4300-000312 CONCLUSION After reviewing the proposal and the results of the evaluation committee, it is recommended that contract negotiations proceed with Matrix Consulting Group, Ltd., the top -ranked proposer, as the most qualified proposer. While all of the proposing firms have sufficient experience to provide services for the City of Miami Beach, Matrix Consulting Group, Ltd., is the most experienced with City operations as it has developed the City's most recent Internal Services Cost Allocation Plan, Citywide Cost Allocation, OMB Compliant Cost Allocation, and Resort Tax Cost Allocation Plans. As such, the firm possesses unique familiarity with the Citys financial structure and needs. The firm has also worked with the City on other studies including a fleet analysis and law enforcement studies. Matrix is proposing the same project team as has worked with the City previously to maintain the knowledge base. For the reasons stated herein, it is recommended that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations with Matrix Consulting Group, Ltd., as the top -ranked proposer; and, if unsuccessful, authorizing the Administration to enter into negotiations with MGT of America Consulting, LLC, as the second -ranked proposer; and, if unsuccessful, authorizing the Administration to enter into negotiations with Maximus US Services, Inc., as the third -ranked proposer. The Resolution further authorizes the City Manager and City Clerk to execute an agreement upon the conclusion of successful negotiations. Is this a "Residents Riqht Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of Management and Budget/Procurement ATTACHMENTS: Description ❑ Attachment A o Resolution Page 69 of 945 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 cwY mr.r de $ CrRm �rwr r..r. aear..t 9 ira�r �. $ iy � A= r.rr Ywrn W o rw. as.... er•r 92 a % o.w.. orY�w *A." 2. m 0 go, Q wm+ P —udk. I srrr m 0 m o..s. a+r. MOM 0.0 01 arr. o.�� ■r.r . m Mn 87 70 7 m D m ) n D r5 7 a s i kC,T oAUY YGA % 0 as 1 m 0 m mitt _ rr�uc 1011 DOPIAV PVRPOIU 0N1. nM RAM.NO Dote Norco smvm AN AWARD RELDYYEHDATIOM. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 ATTACHMENT B ADDENDUM AND RFQ SOLICITATION DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E3628CE1 MIAMI BEACH Request for Qualifications (RFQ) 2023-006-W G COST ALLOCATION CONSULTANT TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO RESPONDENTS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A SPECIAL CONDITIONS APPENDIX B SAMPLE CONTRACT APPENDIX C INSURANCE REQUIREMENTS DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 MIAMI BEACH SECTION 0100 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective 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 ensure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of the proposal submitted. 2. BACKGROUND. On December 15, 2021, the City entered into an Agreement with Matrix Consulting Group, pursuant RFLI 2022-051-JA to provide cost allocation plans. The Agreement allowed for the completion of cost allocation plans for the fiscal years ending 2021 and 2022. 3. PURPOSE. The City, through its Office of Management & Budget (OMB), is soliciting responses from qualified consultants for services relating to the development of cost allocation plans for the purpose of distributing administrative and/or overhead costs to various funds and functions and other related services. 4. STATEMENT OF WORK REQUIRED. The cost allocations plans shall specifically focus on the following areas: 1. Citywide Federal and Full Cost Allocation Plans (FCAP) based on actual financial and statistical data for the fiscal year ending September 30, 2023. 2. Cost of City services eligible to be funded from resort taxes collected by the City, based on actual financial and statistical data for the fiscal year ending September 30, 2023. The plans shall document the costs of services under each area and allocate the costs to the department which spent the funding and provided the intended services. The consultant must use a standard cost allocation methodology and cost principles based on full (FCAP) and federal (2 CFR Part 200) cost principles. The studies shall clearly outline the methodology utilized and the actual calculated allowable allocation rates. All supporting documents must be submitted. 5. ANTICIPATED RFQ TIMETABLE. The tentative schedule for this solicitation is as follows: RFQ Issued December 15, 2022 Pre -Proposal Meeting January 5, 2023 at 11:00 am ET Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 620 867 689# Deadline for Receipt of Questions January 17, 2023 at 5:00 pm ET Responses Due January 26, 2023 at 3:00 pm ET Join on your computer or mobile app Click here to join the meeting DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 MIAMI BEACH; Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 694 519 876# Evaluation Committee Review TBD Tentative Commission Approval TBD Contract Negotiations Following Commission Approval 6. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact. Telephone. Email. William Garviso 305 673-7490 WilliamGarviso(d0iamibeachfl 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 0100-5. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 7. PRE -PROPOSAL MEETING OR SITE VISIT(S). A pre -proposal meeting or site visit(s) may be scheduled. Attendance for the pre -proposal meeting shall be via web conference and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre -Proposal Meeting must follow these steps: Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 620 867 689# Proposers who are participating should send an e-mail to the contact person listed in this RFQ expressing their intent to participate. 8. 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. 9. 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(a miamibeachfl.gov DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-iD11E3628CE1 MIAMI BEACH 10. 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). 11. 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. 12. 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. 13. 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. 14. 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. 15. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier -to - Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier -to - Government www.bidsync.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 MIAMI BEACH instructions on how to register, complete vendor qualifications and submit electronic bids visit https://www.miamibeachfl.gov/city-hall/procuremenYfor-approval-how-to-become-a-vendor/. Should you have any questions regarding this system or registration, please visit the above link or contact Periscope S2G, Supplier -to -Government at support@bidsync.com or 800.990.9339, option 1, option 1. 16. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self- Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self -Service (VSS) webpage (https://selfservice.miamibeachfl.qov/vss/Vendors/default.aspx) will also provide you with purchase orders and payment information. Should you have any questions and/or comments, do not hesitate to submit them to vendorsupport c( miamibeachfl.gov 17. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the procurement of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC) and small and disadvantaged businesses, as certified by Miami -Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by Miami -Dade County, click on the link below to be added to the City's supplier registry (Vendor Self -Service) and bid system (Periscope S2G, Supplier -to -Government). These are two different systems and it is important that you register for both. Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procuremenvhow-to- become-a-vendor/. Balance of Pape Intentionally Left Blank DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E362BCE1 MIAMI BEACH SECTION 0200 GENERAL CONDITIONS FORMAL SOLICITATIONS TERMS & CONDITIONS - GOODS AND 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 (version dated 10.27.2022), incorporated herein, which may be found at the following link: https://www.miamibeachfl. o�ty-halllprocurementlstandard-terms-and-conditions/ Balance of Page Intentionally Left Blank DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E362BCE1 MIAMI BEACH 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 BidSync 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 complete and submit the Bid Submittal Questionnaire (submitted electronically) with the bid and by the deadline for submittals shall render a proposal non- responsive. 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. Cover Letter and Table of Contents 1.1 Cover Letter and Table of Contents. The table of contents should indicate the tabs, sections with tabs and page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or agent able to bind the firm. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 MIAMI BEACH ce and 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 at least two (2) previous projects within the last three (3) years where the Proposer and/or its principals have provided similar cost allocation plans as those described herein. 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. costs of the services provided; f. year of the engagement; and g. a copy of the completed cost allocation plan, including the actual allocation percentages to be applied based on the completed study. 2.3 Relevant Experience of Sub-consultant(s)/Sub-contractor(s): If utilizing sub-consultants/sub-contractors to achieve the services, summarize at least two (2) previous projects within the last three (3) years projects where the sub-consultant(s)/sub-contractor(s) and/or its principals have provided similar cost allocation plans as those described herein. 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. costs of the services provided; f. year of the engagement; and g. a copy of the completed cost allocation plan, including the actual allocation percentages to be applied based on the completed stud h and Methodo 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: • standard cost allocation methodology; • cost principles based on full (FCAP); • federal (2 CFR Part 200) cost principles; and • other relevant cost allocation services Balance of Pape Intentionally Left Blank DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D1 1 E362BCE1 SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. City staff will assign points for the quantitative criteria. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. a. 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. b. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Qualitative Criteria. Responsive proposals shall be evaluated by the Evaluation Committee in accordance with the following criteria. Experience and Qualifications Approach and Methodology 60 40 3. Quantitative Criteria. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Proposers may receive additional points, to be added by City staff, as follows. Veterans Preference DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E362BCE1 4. Determination of Final Ranking. The sum of qualitative and quantitative scores will be converted to rankings in accordance with the example below: Qualitative Points 82 14 180 Committee Quantitative Points 10 5 0 Member 1 Total 92 79 80 Rank 1 3 2 Qualitative Points 82 85 72 Committee Quantitative Points 10 5 0 Member 2 Total 92 90 72 Rank 1 2 3 Qualitative Points 90 74 _ 66 Committee Quantitative Points 10 5 0 Member 2 Total 100 79 1 66 Rank Low Aggregate It is imoortant to note that the results of the 1 Evaluation Committee 2 3 Drocess do not represent an award recommendation. The City Manager will utilize the results of the committee process, as well as any other information he deems appropriate to develop his award recommendation to the City Commission, which may differ from the Evaluation Committee process ranking. Balance of Paqe Intentionally Left Blank DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 APPENDIX A MIAMI BEACH Special Conditions 2023-006-W G COST ALLOCATION CONSULTANT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 TERM OF CONTRACT. The term of the Agreement resulting from this RFQ shall be for an initial term of three (3) years. 2. OPTION TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one-year periods at the City's sole discretion. The successful contractor shall maintain, for the entirety of any renewal period, the same revenue share, terms, and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the successful contractor. 3. COST ADJUSTMENTS. On or about the anniversary of each contract year, the contractor may request, and the city manager may approve, a cost adjustment based on documented cost increases for the following contract year. Typically, cost adjustments should be limited to changes in the applicable Consumer Price Index (CPI) for the local region. The Contractor's adjustment request must substantiate the requested increase. The City of Miami Beach, through its city manager, reserves the right to approve a requested adjustment or may terminate the agreement and readvertise for bids for the goods or services. 4. NEGOTIATIONS. Upon approval of selection by the City Commission, negotiations between the City and the selected Consultant will take place to arrive at a mutually acceptable Agreement, including final scope of services, deliverables and cost of services. 5. COMPETITIVE SPECIFICATIONS. It is the goal of the City to maximize competition for the project among suppliers & contractors. Consultant shall endeavor to prepare all documents, plans & specifications that are in accordance with this goal. Under no condition shall Consultant include means & methods or product specifications that are considered "sole source" or restricted without prior written approval of the City. CHANGE OF PROJECT MANAGER. A change in the Consultant's project manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved project manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee (i.e. the City project manager). SUB -CONSULTANTS. The Consultant shall not retain, add, or replace any sub -consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub - consultant by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub -consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub -consultants shall be the sole responsibility of Consultant. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E36213CE1 APPENDIX B MIAMI BEACH Sample Contract 2023-006-W G COST ALLOCATION CONSULTANT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND [FILL IN CONSULTANT NAME] FOR [XXXXXXXXXXXXXXXX], PURSUANT TO [FILL IN RFP, RFQ, OR ITB#] This Professional Services Agreement ("Agreement") is entered into this XXXXXX day of XXXXXXXXXXXX, 20 ("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"), and [FILL IN CONSULTANT NAME], a [FILL IN TYPE OF ENTITY/I.E. CORPORATION, LLC, ETC.], whose address is XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ("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 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 [FILL IN RFP, RFQ, OR ITB] No. FXXXXXXXXXXXXXX] for [XXXXXXXXXXXXXXXXXXXXXX], together with all amendments thereto, issued by the City in contemplation of this Agreement [FILL IN CORRECT ABBREVIATION RFP, RFQ, OR ITB], and the Consultant's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, Docu Sign Envelope ID:42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the [FILL IN RFP, RFQ, or ITB]; 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. 26724; and fax number (305) 673- 7529. SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A" hereto (the "Services"). [NOTE: EXHIBIT "A" MUST INCLUDE DETAILED DESCRIPTION OF SERVICES] Although Consultant may be provided with a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Consultant; where the Services are performed (although the City will provide Consultant with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Consultant should contact the following person: 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit [XXXJ hereto. [NOTE: TIMELINE FOR DELIVERABLES CAN ALSO BE INCLUDED IN EXHIBIT "A" OR IN SEPARATE EXHIBIT] 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 [XXXXXXXXXXXXI, with [XXXXXXXXXX] renewal options, to be exercised at the DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E36213CE1 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 [XXX] hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of $XXXXXXXX , for a total annual amount not to exceed $XXXXXXX . 4.2 [NOTE: INCLUDE AMOUNT FOR REIMBURSABLES, IF ANY]. 4.3 [NOTE: INCLUDE HOW FEE IS TO BE PAID — I.E. "X" PERCENTAGE UP FRONT; "X" UPON DELIVERY; MONTHLY; LUMP SUM; ETC.]. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Accounts Payable: Payables(a)miamibeachfl.gov 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. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E36213CE1 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 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 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E3626CE1 costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS [NOTE: INSURANCE TYPES AND LIMITS BELOW SHOULD ALWAYS BE SAME AS WHAT WAS SPECIFICED IN BID DOCUMENTS] 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 be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. A. General Liability, in the amount of $1,000,000 combined single limit, for bodily injury and property damage. The City of Miami Beach must be endorsed as an Additional Insured as their interest may appear. B. Consultant Professional Liability, in the amount of $1,000,000; and C. Workers Compensation & Employers Liability, as required pursuant to Chapter 440, Florida Statutes. A waiver of subrogation endorsement must be provided. 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 operations 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 business in the State of Florida. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E36213CE1 6.8 Verification of Coverage — Consultant 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 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(o)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 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. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $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. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E3628CE1 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. 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. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E36213CE1 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 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, DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 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 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. (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. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 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. 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. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 (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 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 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E3628CE1 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: RAFAELGRANADOCcDMIAMIBEACHFL.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, 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 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D1 1 E362BCE1 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 its 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. Additionally, 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, Florida 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 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 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 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 under this Agreement, entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (13)(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 (13)(1) or (13)(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: [FILL IN] TO CITY: [FILL IN] All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E3628CE1 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. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E3626CE1 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: ATTEST: By: City Clerk Date: FOR CONSULTANT: ATTEST: By: Print Name and Title Date: CITY OF MIAMI BEACH, FLORIDA City Manager [INSERT NAME] Print Name and Title F: ATTO/TORG/Agreements/Professional Services Agreement 2017 modified 12-19-2017 DocuSign Envelope ID: 42FBA228-CA31-4DBC-966F-1D11E362BCE1 APPENDIX C MIAMI BEACH INSURANCE REQUIREMENTS 2023-006-WG COST ALLOCATION CONSULTANT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D1 1 E362BCE1 MIAMI BEACH 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. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any, not to exceed 10% of the limit of liability. 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 c/o 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 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 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 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach a( 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. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E36213CE1 DIVISION OF CORPORATIONS IwIlt- L1y151JtY OJ ,4W".org rut of vial .star ojFlorida wrb3 tr Department of State / Division of Corporations / Search Records I Search y Entity Name / Detail by Entity Name Foreign Profit Corporation MATRIX C G INC. Cross Reference Name MATRIX CONSULTING GROUP, LTD Filing Information Document Number F06000005103 FEI/EIN Number 05-0545979 Date Filed 08/02/2006 State CA Status ACTIVE Principal Address 1650 S. Amphlett Boulevard Suite 213 San Mateo, CA 94402 Changed: 06/15/2020 Mailing Address 1650 S. Amphlett Boulevard Suite 213 San Mateo, CA 94402 Changed: 04/25/2021 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Name Changed: 08/15/2018 Address Changed: 08/15/2018 Officer/Director Detail Name & Address Title PRES, CFO, Director BRADY, RICHARD P DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D1 1 E362BCE1 1650 S. Amphlett Boulevard Suite 213 San Mateo, CA 94402 Title Director PENNINGTON, ALAN 101 SOLITHPOINTE DRIVE EDWARDSVILLE, IL 62025 Title Director, Secretary Ramos, Courtney 1650 S. Amphlett Boulevard Suite 213 San Mateo, CA 94402 Title Director Brady, Ian 1650 S. Amphlett Boulevard Suite 213 San Mateo, CA 94402 Annual Reports Report Year Filed Date 2021 04/25/2021 2022 04/24/2022 2023 01/17/2023 Document Images 01/17/2023 --ANNUAL REPORT View image in PDF format 04/24/2022 -- ANNUAL REPORT View image in PDF format 04/25/2021 -- ANNUAL REPORT View image in PDF format 05/01/2020 -- ANNUAL REPORT View image in PDF format 01/11/2019 -- ANNUAL REPORT View image in PDF format 08/15/2018 -- Reg. Ag n h ngg View image in PDF format 01/13/2018 -- ANNUAL REPORT View image in PDF format 01/11/2017 -- ANNUAL REPORT View image in PDF format 01/22/2016 -- ANNUAL REPORT View image in PDF format 06/24/2015 -- ANNUAL REPORT View image in PDF formal 04/17/2014 -- ANNUAL REPORT View image in PDF format 03/28/2013 -- ANNUAL REPORT View image in PDF format 08/16/2012 -- ANNUAL REPORT View image in PDF format 01/14/2011 --ANNUAL REPORT View image in PDF format 01/24/2010 -- ANNUAL REPORT View image in PDF format 01/22/2009 -- ANNUAL REPORT View image in PDF format 04/25/2008 -- ANNUAL REPORT View image in PDF format DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D1 1 E362BCE1 04/27/2007 -- ANNUAL REPORT View image in PDF format 08/02/2006 -- Foreign Profit View image in PDF format Florida Department of State, Division of Corporations Docu Sign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 BID SUBMITTAL QUESTIONNAIRE SECTION . -- BID CERI Y ION FORM This document is a REQUIRED FORM that must be suhmitted fully completed and submitted. Solicitation No: Solicitation Title: BID NUMBER I PROJECT TITLE BIDDER'S NAME. Matrix Consulting Group, Ltd. NO. OF YEARS IN BUSINESS. 20 NO. OF YEARS IN BUSINESS LOCALLY: NO, OF EMPLOYEES. 24 NIA OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS: NIA BIDDER PRIMARY ADDRESS (HEADQUARTERS)-. 1650 S. Amphlett Blvd. Ste 213 CITY- San Mateo STATE: CA ZIP CODE. 94402 TELEPHONE NO.: 650-858-0507 TOLL FREE NO.. FAX NO.: 650-3974050 BIDDER LOCALADDRESS: NIA CITY STATE ZIP CODE. PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT. Courtney Ramos ACCOUNT REP TELEPHONE NO.: 650-858-0507 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL. cramos@matrixcg.net FEDERAL TAX IDENTIFICATION NO.: 050545979 By virtue of submitting a bid, bidder agrees: a) to complete and unconditional acceptance of the terms and conditions of this document and the solicitation, including all addendums specifications, attachments, exhibits, appendices and any other document referenced in the solicitation 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) if 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 and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: Richard Brady, President Richard Brady DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E36213CE1 SECTION 2 - ACKNOWLEDGEMENT 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 Confirm Receipt Enter Initial to Confirm Receipt Enter Initial to Confirm Receipt N/A Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. 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. 1 NIA 2 3 4 5 6 4;FrT10N A - FiNamr'AL CAPAr.ITV At time of request by the City, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. Bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt (when requested), 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://supp ierportal.dnb.com/webapp/wcs/stores/serviet/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. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E36213CE1 SECTION 5 - REFERENCES AND PAST PERFORMANt i Project No. BID NUMBER Project Title I PROJECT TITLE 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. Bidder may submit additional references as part of its bids submittal. Reference No.1 Firm Name: Dallas, TX Contact Individual Name and Title: Janette Weedon, Assistant Director Office of Budget Address: 1500 Marilla St. Dallas, TX 75201 Telephone: (214) 670-3660 Contact's Email: janette.weedon@dallascityhall.com Narrative on Scope of Services Provided, Project Budget, and Project Dates: FY 2015-Current; $18,000 annually. Full Cost Allocation Plan OMB Cost Allocation Plan Indirect Cost Rate Proposal Special Event Fees Reference No.2 Firm Name: Fort Lauderdale, FL Contact Individual Name and Title: Laura Aker Reece Director, Office of Management & Budget Address: 100 N. Andrews Ave. Fort Lauderdale, FL 33301 Telephone: (954) 828-5894 Contact's Email: Treece@fortlauderdale.gov Narrative on Scope of Services Provided, Project Budget, and Project Dates: FY11-FY16; $18,000 annually. Cost Allocation Plan IT Cost Allocation Plan FXE PILOT Review DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Reference No.3 Firm Name: Osceola County, FL Contact Individual Name and Title: Alvin Hall, Lead Budget Analyst Address: 1 Courthouse Square, Kissimmee, FL 34741 Telephone: (407) 742-1810 Contact's Email: alvin.hall@osceola.org Narrative on Scope of Services Provided, Project Budget, and Project Dates: FY18-19, FY19-20, & FY20-21; $25,000 annually. Full Cost Allocation Plan SECTION B - SUSPENSION, DEBARMENT, OR CONJTPAr7 Cakif-Fl. ii ATION 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 I - SMALL ANU DISAUVANYAGEIU BUS11NESS 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? Q� YES Q� NO FICTION 8 - LGBT BUSINU - "-` '!PRISE f--RTIFICATION 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 NO DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 SECTION 9 - BYRD ANTI -LOBBYING AMENDMENT CERTIFICATION 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 and Title of Bidder's Authorized Signature of Bidder 's Authorized Representative: Representative: Richard Brady, President Richard Brady SECTION 10 - 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). DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 (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 and Title of Bidder's Authorized Signature of Bidder's Authorized Representative: Representative: Richard Brady, President Richard Brady SECTION 11 - CONE OF SILENCE 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://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COS1 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 . By virtue of submitting bid, bidder certifies that it is in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code. SECTION 12 - CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23789, the Bidder shall adopt a Code of Business Ethics prior to executing a contract with the City. The Code of Business Ethics shall be submitted to the Procurement Department with its response or within three (3) days of request by the City. 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 Code. In lieu of submitting Code of Business Ethics, bidder may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gQy/city- hall/procurement/procurement-related-ordinance-and-procedures/ Bidder will submit firm's Code of Business Ethics within three (3) days of request by the City? YES 0 NO Bidder adopts the City of Miami Beach Code of Business Ethics? DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Q� YES 0 NO SECTION 13 - LOBBYIST REGISTRATION & CAMPAIGN CONTRIBUTION REQUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws, including lobbyist registration requirements and prohibition on campaign contributions, including: • Lobbyist Registration Requirements sections 2-397 through 2-485.3 of City Code (https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV3LO) • Campaign Contribution Requirements sections 2-487 and 2-488 of City Code (https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE) By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration & Campaign Contribution Requirements. c�f:TION 14 - 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. SECTION 15 - FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://Iibrary.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. -PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes, available at: https://www.flsenate.gov/Laws/Statutes/2012/287.133 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. SECTION 1' - V7TERAN BUSINFSS ENTERPRISES PRE;77RENCE Pursuant to City of Miami Beach Ordinance No. 2011- 3748, https://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR S2- 374PRPRPRVEC00000SE 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 Docu Sign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 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. DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Is the bidder a service -disabled veteran business enterprise certified by the State of Florida? I YES 0 NO Is the bidder a service -disabled veteran business enterprise certified by the United States Federal Government? 0 YES p0 NO SECTION 18 - 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? II YES 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? I] YES 0 NO Please check all benefits that apply to your answers above and list in the "other' section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Bidder Provides for Employees with Spouses Bidder Provides for Employees with Domestic Partners Bidder does not Provide Benefit Health X 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 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ SECTION 19 - MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida prohibits the purchase of goods or services sourced in Mississippi. Are any of the products for which the applicant is seeking to be prequalified sourced in Mississippi? YES Q� NO If yes, explain. DocuSign Envelope ID:42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FLORIDA January 23, 2023 matrixs� consulting group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E362BCE1 Table of Contents 1 Cover Letter i 2 Experience and Qualifications 2.1 Organizational Chart 2.2 Relevant Experience of Prime Proposer 2.3 Relevant Experience of Sub -Consultants 3 Approach and Methodology 3.1 Project Approach and Quality Control 3.2 Work Plan 1 3 6 7 8 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 matrix consulting group January 23, 2023 William Garviso Procurement Contracting Officer II City of Miami Beach 1755 Meridian Ave., 3rd Floor Miami Beach, FL 33139 Dear Garviso: The Matrix Consulting Group is pleased to have this opportunity to submit a statement of qualifications for a Cost Allocation Consultant for the City of Miami Beach. We understand the City's request to include the development a Full Cost Allocation Plan, a Federal (OMB Compliant) Cost Allocation Plan, and a Resort Tax Fund Cost Plan. Our firm understands the importance of determining direct and indirect costs and is committed to helping our clients establish documented and defensible costs for services that maximize recovery opportunities. The Matrix Consulting Group stands out from other firms for the following reasons: • Experience in cost allocation studies: Our firm and team have conducted 300+ cost of service studies for municipalities over the last 20 years across the United States, with recent clients including Cape Coral, Fort Lauderdale, and Osceola County (FL); Juneau, (AK), and Dallas (TX). • Experience working with the City of Miami Beach: Our firm developed the City's most recent Internal Services Cost Allocation Plan, Citywide Cost Allocation, OMB Compliant Cost Allocation, and Resort Tax Cost Allocation Plans, providing us with a unique familiarity with the City's financial structure and needs. Our firm has also worked with the City on other studies including a fleet analysis and police studies. Project team expertise: Our Project Executive and Project Manager are not only experts in cost -of -service methodologies, but also organizational and staffing analyses. Their understanding of service and process assumptions ensures accurate and defensible results. We are proposing the same project team as has worked with the City previously to maintain knowledge base consistency. 1650 S. Amphlett Blvd.. Suite 213 ■ San Mateo, CA 94402 ■ 650.858.0507 SF Bay Area (Headquarters). Charlotte, Dallas. Fort Myers, Irvine, Portland, St. Louis DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 • Timeliness of products and transfer of knowledge: We are committed to ensuring that all client deadlines are met and that along with providing defensible work products, there is a transfer of the intangible knowledge and recommendations associated with enhancing revenue recovery. am the firm's president, authorized to negotiate on the firm's behalf and bind it contractually. Courtney Ramos, a vice president and proposed project executive, can provide clarifications on this proposal. We can be reached at the address and phone number listed below, or via email at rbrady@matrixcg.net and cramos@matrixcg.net. Richard Brady, President Matrix Consulting Group 1650 S. Amphlett Blvd., Suite 213 ■ San Mateo, CA 94402 ■ 650.858.0507 SF Bay Area (Headquarters), Charlotte, Dallas, Fort Myers, Irvine, Portland, St. Louis DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FL 12 Experience and Qualifications The Matrix Consulting Group is a management consulting firm dedicated to providing quality analytical assistance to local and state government. Our company was formed by experienced consultants to pursue an operating model in which analytical work is performed by senior level staff. Our firm's history and composition are summarized below: We were founded in 2002, incorporated in California, and have our headquarters there (the Bay Area) and regional offices in Irvine (CA), Edwardsville (IL), the Dallas Metroplex, Portland (OR), and the Tampa (FL) area. We are comprised of 24 full time and four part time highly experienced management consultants who specialize in the analysis of local government functions encompassing the entire spectrum of critical operational areas. We have a dedicated financial services team. Since our founding, we have worked with over 1,500 government agencies, conducting cost of service and management studies providing recommendations relating to operations, improvements, and cost recovery. The market and service focus of the Matrix Consulting Group has always been financial, management, staffing and operations analysis of local government. The following outlines the core services provided by our firm: Administrative (HR, Finance, IT) Fire and EMS Community Development Fleet Management Corrections and Justice Law Enforcement Emergency Communications Parks, Recreation, and Libraries Financial Services Public Works and Utilities No other firm better understands how public agencies operate, or how to help them thrive. The following sections introduce our project team with an organizational chart and outline our qualifications and experience including a summary of previous projects. 2.1 Organizational Chart The project team being proposed by the Matrix Consulting Group are all full-time employees of our firm. The following chart outlines the project team, their specific roles, and reporting structure. Matrix Consulting Group DocuSign Envelope ID. 42FBA228-CA31-4DBC-9B6F-1 D1 1 E362BCE1 Statement of Qualifications for a Cost Allocation Consultant Project oversight and overall Project approval Primary contact for the project, providing expertise in reviewing drafts and presenting results. Responsible for leading interviews, financial analysis, policy discussion and development. Coordination of data collection, support City staff in data development, and populate models. City of Miami Beach MENEM" Courtney Ramos Project Executive MIAMI BEACH, FL The following table provides a summary of experience of our proposed project team and their roles through the course of this project. Courtney Ramos Since joining the firm in 2004, Ms. Ramos has managed and assisted with numerous cost allocation plans, user fee, management, operations, and Vice President, staffing analyses for our California and national clients. Most recently, Ms. Project Executive Ramos managed cost of service studies for the following jurisdictions: San Mateo, Redwood City, Cupertino, Sunnyvale, Vacaville, Livermore, and Experience: Riverside (CA), Fort Lauderdale, Kissimmee, Osceola County, Miami Beach, 17 years and Cape Coral (FL); Asheville, (NC), and Dallas (TX). Ms. Ramos developed the Technical Models used by the Matrix Consulting Group. All the references included have Ms. Ramos as the Project Executive / Project Manager. Ms. Ramos is a GFOA member. Matrix Consulting Group DocuSign Envelope I 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FL Khushboo Ingle Ms. Ingle has been a part of the Matrix Consulting Group for more than eight years. While the primary focus of Ms. Hussain's tenure has been on Financial Senior Manager, Services studies, she is also highly knowledgeable with Management Project Manager Consulting, specializing in policies and procedures. Most recently, Ms. Ingle has led or assisted with studies for the following jurisdictions: Austin (TX), Dallas (TX), Osceola County (FL), Miami Beach (FL), Juneau (AK), Richland Experience: (WA), Asheville (NC), Fort Lauderdale (FL), San Mateo (CA), South San 11 years Francisco (CA), etc. All references included have Ms. Ingle as the Lead Analyst or Project Manager. Ms. Hussain is trained in Best Management Practices for User Fee, Impact Fee, and Revenue Enhancement practices as well as OMB Cost Allocation Guidelines. Lauren Orchard Ms. Orchard is an analyst who has recentlyjoined our firm to assist our senior staff on cost allocation plan, user fee, development impact fee, and cost of Sr. Consultant, service engagements. Analyst Prior to joining Matrix Consulting Group, Ms. Orchard has had extensive Experience: experience in local government. Most recently she served in the position of 6 years Economic Development Director for the City of West Fargo, ND. Madison Dixson A Consultant who has recentlyjoined the firm. She is assigned to support our senior staff in all service areas with a focus on Financial Services relating to Consultant, cost of service. Data Analyst Ms. Dixson has participated in over 20 cost of service studies. Recent clients Experience: include Mountain View, Sunnyvale, Fairfield, Glendale, Pasadena, and San 2 years Bernardino (CA); Dallas (TX); and Osceola County and Miami Beach (FL). Her role on this project would be to serve as an Analyst, involved in attending meetings, data input, and developing models. As noted above, our proposed project executive, project manager, and Data Analyst all have experience working with the city on previous cost allocation plans. 2.2 Relevant Experience of Prime Proposer Our firm has extensive experience developing Comprehensive Cost Allocation Plans, as well as Indirect Cost Rate Proposals for various municipal organizations across the United States. Whether we are working with large cities, small towns, special districts, or individual departments, our goal is to document and define the services being provided, Matrix Consulting Group DocuSign Envelope ID:42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultan, MIAMI BEACH, FL and accurately allocate costs to all beneficiaries. The following points highlight our experience with developing cost allocation processes and metrics: Administrative Functions: Our firm has extensive experience in evaluating processes and functions associated with Clerk, Finance, Human Resources, and Purchasing. From basic tasks and responsibilities to process improvement and oversight controls, our project teams can: Identify core service functions, such as payroll, employee benefits, budget preparation, agenda, and board support. Review current data metrics, and work with staff to ensure resulting allocations are appropriate, fair, and equitable. Recognize services that are not in direct support of departments, including land acquisition and stewardship, and ensure they are accurately identified, but not further allocated. Our project teams understand the core services associated with administrative functions, as well as the time associated with process completion, and are adept at helping staff determine daily, weekly, monthly, or annual time spent on a task. These assumptions form the core basis of a cost allocation plan, and should be defensible not only through documentation, but also by City staff. Governmental Functions: The Matrix Consulting Group has worked with and been a part of managerial studies relating to Manager and Legal services. Additionally, we have extensive experience working with, and presenting to various boards, councils, subcommittees, and the public. Our understanding of the various types of services provided allow our project teams to assess what services are best for allocation, including: Categorizing services and support that benefit the City as an organization, such as contract negotiation, and approval of internal policies. Identifying services that benefit the City economically, such as lobbying, and economic development, which should not be allocated. Our team understands how these costs can and should be treated in both a Full Cost Plan and OMB compliant plan, including making staff aware of common practices, as well as aggressive allocation options. • Internal Services: The Matrix Consulting Group has significant experience evaluating services and functions associated with Facilities Maintenance, Fleet Services, and Information Technology. While these services can be part of the general fund or internal services, their allocation is important when trying to Matrix Consulting Group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E36213CE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FL understand the indirect costs associated with any Fund, Department, or Program. Our project teams work with these departments to: - Review existing allocation processes and metrics to ensure compliance with state and federal regulations. Determine if newer metrics, or metric alterations could provide more accurate allocations. We are committed to ensuring that all cost centers being allocated comply with state and local laws, use fair and equitable allocation metrics, and are documented and defensible. The Matrix Consulting Group has worked with a variety of municipalities across the U.S. developing cost allocation plans. The following table provides references for three clients for whom similar services were provided that were managed by our Project Executive and Project Manager. Client ................................................ Osceola County, FL 1 Courthouse Square Kissimmee, FL 34741 Dallas, TX 1500 Marilla St. Dallas, TX 75201 ...................Client C.I.i.ent..C.o9tact ....................................................... Type ........................................................... Juneau, AK 105 Municipal Way #201 Juneau, AK 99801 Alvin Hall Full Cost Allocation Plan Lead Budget Analyst (407) 742-1810 alvin hall@osceola org Annually: FY19 to Present Janette Weedon Full Cost Allocation Plan Assistant Director Office of Budget OMB Cost Allocation Plan (214) 670-3660 Indirect Cost Rate Proposal Janette.weedon@dallascityhall.com Special Event Fees Annually: FYI to Present Adrien Speegle Full Cost Plan Budget Manager OMB Cost Plan (907) 586-5215 Marine Passenger Fund Cost Adrien.Speecile@*uneau.org Plan Annually: FYI to Present The City has requested to see the final deliverables for the references above, therefore, we are providing the following: Osceola, FL: This full cost plan is developed annually to help support indirect cost transfers from non -general fund sources. Dallas, TX: This OMB complaint cost plan is developed annually and used to calculate indirect rates which are audited and approved by state and federal agencies. Matrix Consulting Group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D11 E3628CE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FL Juneau, AK: This plan is developed annually for the City of Juneau to establish and justify cost reimbursements through Marine Passenger Fees. Given the size of these reports they can be found using the following link: https://drive.ci000le.com/drive/folders/l JpcJRvdUHPyllpnx7G58UzTBfiS39EkxM?usp=share_link Additional clients of the Matrix Consulting Group within the last three years for whom our proposed project team have provided Cost Allocation Plan services include. - Jurisdiction Full Cost OMB Indirect Rates Annual Plan Champaign, IL X X Citrus Heights, CA X X Cupertino, CA X X Dallas, TX X X X X Dixon, CA X X Downey, CA X X Elk Grove, CA X X X Fairfield, CA X X Fort Lauderdale, FL X X X X Garland, TX X X Hercules, CA X X Juneau, AK X X X X Livermore, CA X X X Manhattan Beach, CA X X X Maui County, HI X X X X Miami Beach, FL X X X Millbrae, CA X X Osceola County, FL X X Pacific Grove, CA X X Port of Long Beach, CA X X Redwood City, CA X X Richland, WA X Sacramento Regional Transit, CA X X X San Mateo, CA X X X Santa Clara, CA X X X South San Francisco, CA X X Sunnyvale, CA X X X We also have considerable consulting experience with Miami Beach - our firm developed the City's most recent Internal Services Cost Allocation Plan, Citywide Cost Allocation, OMB Compliant Cost Allocation, and Resort Tax Cost Allocation Plans, providing us with a unique familiarity with the City's financial structure and needs. Our firm has also worked with the City on other studies including a fleet analysis and police studies. Matrix Consulting Group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH F 2.3 Relevant Experience of Sub-Consultant(s) The Matrix Consulting Group will not be partnering with any sub -consultants on this engagement. Matrix Consulting Group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FL 13 Approach and Methodology This section of our proposal provides an overview of our project management and quality control practices, and a detailed description of our approach and methodology used to accomplish the Scope of Work outlined in the City's RFQ. '3. 1 Project Management and Quality Control The Matrix Consulting Group works with a wide variety of clients ranging from small towns to major metropolitan cities in over 44 states across the U.S. and in Canada. Every project is unique, but it is managed according to the following essential project approach: wtih City Staff "" "" nic �" Results with Buy throuqh technical ,n from internal El We believe very strongly in the science of our craft, especially as it relates to cost allocation and cost of service. Our firm utilizes quality control techniques including: Project Management: Ensuring our projects meet the needs and timelines of our clients are accomplished through the following: The project manager and lead analyst develop general and project specific data collection plans and interview guides. All project work activities are defined in advance and tied to each project team member, deliverables, the schedule, and the budget. We have frequent client review meetings to discuss the quality and direction of the project through interim deliverables and draft documents. Quantitative Results: Financial analyses are used to develop budgets and projections, and often are subject to public oversight and review. For this reason, our firm ensures data determined quality control through the following: Expenditure data entered into cost models are tied to budget documents. Matrix Consulting Group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FL Revenue projections developed are based upon existing workload and projected development activity and can be reconciled based upon numerical assumptions. These project management approaches have resulted in all our projects being delivered at a high level of quality, on time and on budget. 3..2 Work Plan The City of Miami Beach is looking to develop a Full Cost Allocation Plan, an OMB Compliant Cost Allocation Plan, and a Resort Tax Fund Cost Plan. These scopes of work will allow the City to accurately account for the full cost of providing services and allow for reimbursement from enterprise and grant funds. All three cost allocation plans follow the same task plan, with the only difference being the specific inputs into the plans. The following tasks provide an overview of our plan for develop each cost plan. T a rk I Data Collection Prior to our initial meeting, the Matrix Consulting Group will provide the City with a list of initial data requirements for the study. This will allow our project team to review this information thoroughly in preparation for initial discussions with staff. A common list of data collection items includes: • Budgeted expenditures on a fund, department, division, and line -item basis. • Audited actual expenditures on a fund, department, division, and line -item basis. • List of all budgeted personnel by fund, department, and division. • List of typical or previous metrics utilized in the development of the Cost Plans. • Copy of current organizational chart. The provision of these items allows our project team to familiarize themselves with the City's structure and its current cost allocation practices. Task 2 Study Objectives and Project Schedule Once the data has been collected, the project team will then meet with designated City staff to discuss any issues identified by the project team, as well as to clarify any existing concerns held by the City as it relates to the current cost allocation methodology. Discussions will include: Matrix Consulting Group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FL Review of the City's specific needs and critical issues surrounding development and implementation of each cost allocation plan. Opportunities for improvement and restructuring of previous plans, and/or review and discussion of existing cost allocation methodologies. Discussion of the uses of each cost allocation plan, as well as concerns or issues that should be addressed during the development of each plan. At the culmination of the meeting, the project team and the designated City staff will leave with a greater understanding of the overall approach and methodology that will be taken by the project team to conduct the Cost Allocation studies for the City. Task 3 I Interview Staff and Gather Data The project team would review the City's existing Cost Allocation Plan and financial structure to identify City departments and services to be allocated. To structure a custom cost allocation model, our project team would perform the following: Review and discuss the accounting (fund and organizational levels) structure of the City based upon the budgeted expenditures to identify any anomalies from previous years. Identify and meet with specific central services departments to develop allocation bases and ensure that the plan reflects the following aspects: All current services provided by the Department are identified and documented within the Cost Allocation Plan. Allocation bases to be utilized are reflective of the current level of effort and most relatable to the service being performed. Discuss alternative allocation procedures, including possible outcomes and potential impacts of each method. The points above provide examples of the types of detailed and in-depth discussions that the project team will have with City Departments involved in the cost allocation process. At this point in the process, the project team would reach out to each department and ask for any specific allocation metrics such as purchase orders, invoices, sq. ft. per facility maintained, etc. Task 4 1 Review of Draft Cost Allocation Metrics Based upon units of service identified in Task 2 and the allocation metrics collected, the project team would put together allocation statistic workbooks for review with specific Matrix Consulting Group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FL Central Service Departments. The purpose of these workbooks is to review the initial results of the allocation metrics gathered by the project team. The following graphic shows an example of the allocation workbook: Fund 1 1 1 1 1 1 1 1 1 10 Dept 10 Desc City Manager 16 Human Resources 20 City Attorney 30 Police 35 Fire 40 Development Services 50 Public Works Streets 50 Public Works Facilities 50 Public Works Community Services Water 14 Sewer i 29 Self -Insured Fund Liability In # of AR Transactions per Fund/Dept Allocation % 3 0.87% 30 8.75% 30 8.75% 68 19.83% 1 0.29% 7 2.04% 5 1 185 1 1.46% 0.29% 53.94% 0.29% 8 2.33% 4 343 1.17% 100.00% In the sample graphic provided, based upon the number of AR Transactions per Fund/Department, the primary support is for Public Works Community Services (54%) for all the Parks and Recreation transactions, followed by Police (20%). Based upon the results of this sample, the project team would verify with Finance that the statistics were allocated to the appropriate fund/department and that the resulting percentage is reflective of the support being provided by the Accounts Receivable staff and function. This type of detailed review is critical for the development of a defensible cost allocation plan. It also ensures that departmental staff and city staff are comfortable with the use of the allocation metrics and the support that those metrics represent. Task 5 Structure and Prepare Draft Cost Allocation Model Once the Central Service departments and administrative functional areas have agreed upon the appropriate allocation metrics for their services; allowable administrative or other indirect costs are allocated to each benefiting City department, operating unit, or fund. At this point the project team would begin customizing the Cost Plan model to meet the City's specified needs, including: • Ensuring methodologies and assumptions comply with Federal regulations and general accounting principles. Matrix Consulting Group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FL Providing the ability to add or remove direct or indirect costs as future needs and programs change. During the development of the cost allocation plans, the project team will ensure that any expenses included in the plan are vetted and reviewed with Budget staff as well as incorporate any direct reimbursements. The results of the draft custom cost allocation models will be provided to City staff in numerical format in excel prior to the development of a draft report. Task 6 j Comparison to Previous Cost Allocation Plans The results of Task 6 will be a numerical excel workbook that compares the results of the initial draft Cost Allocation Plans to the results of the previous cost plans. This workbook typically includes the following component • Comparison of Total Costs Included: This tab compares all the central service expenditures that were included previously compared to the current year. Any significant changes are highlighted, and notes are provided for the difference. • Comparison of Total Costs Allocated: This tab compares by central service the costs that got allocated out to receivers, as depending upon allocated or unallowable costs these can vary from the total costs included. It also provides insight into any potential structural changes and their impact on the plan's results. • Comparison of Receivers: This tab compares by receiving department and / or fund the total cost allocated to them in the prior year's cost plan compared to this the proposed costs being allocated. Any changes of more than 5% are explained in a notes section including providing numerical references where appropriate. • Detailed Summary Results: This tab shows in excel format the detailed summary schedule produced by the cost allocation plan, so by central service the total cost allocated to each receiving department for the current year. This flux analysis workbook is an efficient way in which we can review the results of the cost plan with the City. The budget office staff can determine based upon the notes if there are any concerns. This type of review also minimizes the number of draft reports that are reviewed by staff. The results of this analysis will be three different workbooks — Full Cost Comparison, OMB Comparison, and Resort Tax Comparison. For the Resort Tax Comparison, there will also be detail regarding the change in the metric's support to the Resort Tax fund. Matrix Consulting Group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 Statement of Qualifications for a Cost Allocation Consultant MIAMI BEACH, FL Task 7 1 Finalize Cost Allocation Plans Upon review and approval of the draft cost plan by central service departments and the Budget Office, the project team will finalize the Cost Allocation Plans and reports. The final deliverables associated with the Cost Allocation Plan will be: • Cost Allocation Plan Report: including all detailed allocation schedules, cost schedules, summary schedules, and narrative information regarding the central services included. • Excel Summary Schedule: the results of the full cost allocation plan in excel format for ease of calculations, incorporation into City documents, and review for City staff. • Comparison Memo: a memo describing key differences between current and previous cost allocation plans. • Indirect Rates: a summary of the indirect rates to be assessed to city funds and departments for reimbursement to the general fund. These deliverables will allow the City to have clear documentation of the final Cost Plans developed. There will be three separate reports developed — Full Cost Plan, OMB Cost Plan, and Resort Tax Cost Allocation Plan. Matrix Consulting Group DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 RESOLUTION NO: 2023-32599 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) 2023-006-WG COST ALLOCATION CONSULTANT, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH MATRIX CONSULTING GROUP, LTD., THE TOP -RANKED PROPOSER; AND, IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP - RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH MGT OF AMERICA CONSULTING, LLC, THE SECOND - RANKED PROPOSER; AND, IF UNSUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND -RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH MAXIMUS US SERVICES, INC., 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 December 14, 2022, the Mayor and City Commission approved the issuance of RFQ 2023-006-WG Cost Allocation Consultant; and WHEREAS, on January 26, 2023, the City received proposals from the following three (3) firms: Matrix Consulting Group, Ltd., Maximus US Services, Inc., and MGT of America Consulting, LLC; and WHEREAS, on March 20, 2023, the Evaluation Committee appointed by the City Manager comprised of Maria Cerna, Division Director, Capital Improvement Projects; Natasha Diaz, Deputy Director, Building Department; Carmen Sanchez, Deputy Director, Planning Department; Tameka Otto Stewart, Director, Budget and Performance Improvement Department; and Shandelle Stewart, Financial Analyst III, Public Works Department; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance, the Government Sunshine Law, and general information on the scope of services and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the evaluation process resulted in the proposers being ranked by the Evaluation Committee in the following order: 1 st ranked — Matrix Consulting Group, Ltd. 2nd ranked — MGT of America Consulting, LLC 3rd ranked — Maximus US Services, Inc.; and WHEREAS, after reviewing all of the submissions, the City Manager concurs with the Evaluation Committee and find Matrix Consulting Group, Ltd., the top -ranked firm, to be the best -qualified firm to provide cost allocation consulting services for the city of Miami Beach; and DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E3628CE1 WHEREAS, Matrix Consulting Group, Ltd, provides services with a unique familiarity of the City's financial structure and needs, having developed the City's most recent Cost Allocation studies; and WHEREAS, the second -ranked and third -ranked firms, MGT of America Consulting, LLC and Maximus US Services, Inc., are well -qualified and should be considered, in order of rank, if negotiations with Matrix Consulting Group, Ltd. are not successful. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) 2023-006-WG Cost Allocation Consultant, authorize the Administration to enter into negotiations with Matrix Consulting Group, Ltd., the top -ranked proposer; and, if unsuccessful in negotiating an agreement with the top -ranked proposer, authorize the Administration to negotiate with MGT of America Consulting, LLC, the second -ranked proposer; and, if unsuccessful in negotiating an agreement with the second -ranked proposer, authorize the Administration to negotiate with Maximus Us Services, Inc., 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 / 7 day of V ay 2023. ATTEST: MAY i 7023 RAFAEL G NADO, CITY CLERK DAN GELBER, MAYOR UICORPPATED, APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Date DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E36213CE1 ComMfi ive Bid Reports - CZ C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: May 17, 2023 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) 2023-006-WG COST ALLOCATION CONSULTANT, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH MATRIX CONSULTING GROUP, LTD., THE TOP -RANKED PROPOSER; AND, IF UNSUCCESSFUL, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH MGT OF AMERICA CONSULTING, LLC, THE SECOND -RANKED PROPOSER; AND, IF UNSUCCESSFUL, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH MAXIMUS US SERVICES, INC., 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. RECOMMEND►TION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the Resolution accepting the City Manager's recommendation pertaining to the proposals received, pursuant to RFQ 2023-006-WG, Cost Allocation Consultant, authorizing the Administration to enter into negotiations with Matrix Consulting Group, Ltd, as the top -ranked proposer; and, if unsuccessful, authorizing the Administration to enter into negotiations with MGT of America Consulting, LLC, as the second -ranked proposer; and, if unsuccessful, authorizing the Administration to enter into negotiations with Maximus US Services, Inc., as the third -ranked proposer. The Resolution further authorizes the City Manager and City Cleric to execute an agreement upon the conclusion of successful negotiations. This solicitation is currently under the cone of silence. I=719:{r13�I�IiQI�I F��T:�'I On December 15, 2021, the City entered into an Agreement with Matrix Consulting Group, pursuant RFLI 2022-051-JA to provide cost allocation plans for the purpose of distributing administrative and/or overhead costs to various funds and functions and other related services. The Agreement allowed for the completion of cost allocation plans for the fiscal years ending 2021 and 2022. Page 66 of 945 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 The cost allocations plans specifically focus on the following areas: 1. Citywide Federal and Full Cost Allocation Plans (FCAP) based on actual financial and statistical data. 2. Cost of City services eligible to be funded from resort taxes collected by the City, based on actual financial and statistical data. The plans document the costs of services under each area and allocate the costs to the department which spent the funding and provided the intended services. The consultant must use a standard cost allocation methodology and cost principles based on full (FCAP) and federal (2 CFR Part 200) cost principles. The studies clearly outline the methodology utilized and the actual calculated allowable allocation rates. Accordingly, the Administration prepared RFQ 2023-006-WG seeking proposals with the intent of selecting the most qualified fin-n(s) with whom a replacement agreement could be negotiated. ANALYSIS On December 14, 2022, The Mayor and City Commission approved the issuance of RFQ 2023-006-WG Cost Allocation Consultant. The Procurement Department issued bid notices to 10580 companies utilizing the Citys e-procurement system, with 37 prospective bidders accessing the solicitation. RFQ responses were due and received on January 26, 2023. The City received proposals from the following firms: Matrix Consulting Group, Ltd., Maximus US Services, Inc., and MGT of America Consulting, LLC. On March 20, 2023, the Evaluation Committee appointed by the City Manager convened to consider the proposals received. The Committee was comprised of Maria Cema, Division Director, Capital Improvement Projects, Natasha Diaz, Deputy Director, Building Department, Carmen Sanchez, Deputy Director, Planning Department, Tameka Otto Stewart, Director, Budget and Performance Improvement Department, and Shandelle Stewart, Financial Analyst III, Public Works Department. The Committee was provided an overview of the project, and information relative to the Citys 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 proposers being ranked by the Evaluation Committee in the following order (See Attachment A): 1 st ranked — Matrix Consulting Group, Ltd. 2nd ranked — MGT of America Consulting, LLC 3rd ranked — Maximus US Services, Inc. The following is a summary of the three firms. Matrix Consulting Group. Ltd The Matrix Consulting Group was founded in 2002, incorporated, and headquartered in California, with regional offices in Irvine (CA), Edwardsville (IL), the Dallas Metroplex, Portland (OR), and the Tampa (FL) area. The firm is a management consulting firm dedicated to Page 67 of 945 Docu Sign Envelope ID:42FBA228-CA31-4DBC-9B6F-1D11E362BCE1 providing quality analytical assistance to local and state governments. Matrix Consulting has worked with over 1,500 government agencies, conducting cost -of -service and management studies and providing recommendations relating to operations, improvements, and cost recovery. The firm has conducted 300+ cost -of -service studies for municipalities over the last 20 years across the United States, with recent clients including Miami Beach, Cape Coral, Fort Lauderdale, and Osceola County; Juneau, (AK), and Dallas (TX). MGT of America Consulting, LLC MGT of America Consulting, LLC (MGT) began operations in 1974 as a public sector research firm and has expanded its consulting capabilities and client offerings over the years. MGT is organized as a privately held, employee -owned, limited liability company with a deep roster of experienced cost allocation experts, and support resources. Prior to working as consultants, many of its consultants have worked in government agencies as managers and staff. MGT provides a wide range of cost allocation services, ranging from city and county indirect plan preparation, calculation, and negotiation of statewide indirect cost allocation plans, to public assistance cost allocation narrative review, development, and federal claiming assistance. MGT currently provides cost allocation plans for various Florida cities and counties such as the City of Fort Lauderdale, Broward County, Pinellas County, Collier County, and South Florida Water Management District. mammus uo services. inc. Maximus US Services, Inc. (Maximus), a wholly owned subsidiary of Maximus, Inc. As one of the nation's leading providers of government cost accounting services, Maximus has completed thousands of cost studies for state and local governments for over 47 years. Maximus offers the City of Miami Beach both a national perspective and in-depth knowledge specific to Florida local government. In addition, the proposed project team has a thorough working understanding of the U.S. Office of Management and Budget (OMB) cost principles and proven success in executing the standard methodology. Maximus has extensive cost allocation experience, working with dozens of Florida state and local governments. Some of their current clients include Hallandale Beach, Palm Bay, Collier County, Manatee County, Palm Beach County, and Miami -Dade County. SUPPORTING SURVEY DATA Not Applicable FINANCIAL INFORMATION Services for this contract would be funded through the Department's operational budget. Historically, resort tax and citywide cost allocation services have been billed on a lump -sum (per - study) basis. The initial studies were provided at a cost of $25,000 per study. However, because the studies have only required updates during the last three fiscal years, costs have been negotiated down to $15,000 per study. Amounts)/Account(s): Page 68 of 945 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D1 1 E362BCEI Accounts: 011-9322-000312 and 160-4300-000312 CONCLUSION After reviewing the proposal and the results of the evaluation committee, it is recommended that contract negotiations proceed with Matrix Consulting Group, Ltd., the top -ranked proposer, as the most qualified proposer. While all of the proposing firms have sufficient experience to provide services for the City of Miami Beach, Matrix Consulting Group, Ltd., is the most experienced with City operations as it has developed the Citys most recent Internal Services Cost Allocation Plan, Citywide Cost Allocation, OMB Compliant Cost Allocation, and Resort Tax Cost Allocation Plans. As such, the firm possesses unique familiarity with the Citys financial structure and needs. The firm has also worked with the City on other studies including a fleet analysis and law enforcement studies. Matrix is proposing the same project team as has worked with the City previously to maintain the knowledge base. For the reasons stated herein, it is recommended that the Mayor and City Commission approve the Resolution authoriang the Administration to enter into negotiations with Matrix Consulting Group, Ltd., as the top -ranked proposer; and, if unsuccessful, authorizing the Administration to enter into negotiations with MGT of America Consulting, LLC, as the second -ranked proposer; and, if unsuccessful, authorizing the Administration to enter into negotiations with Maximus US Services, Inc., as the third -ranked proposer. The Resolution further authorizes the City Manager and City Clerk to execute an agreement upon the conclusion of successful negotiations. Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Office of Management and Budget/Procurement ATTACHMENTS: Description D Attachment A o Resolution Page 69 of 945 DocuSign Envelope ID: 42FBA228-CA31-4DBC-9B6F-1 D1 1 E362BCE1 � RFOioa ...Wbdd r.%c— ---r Alpu lW 32 0 9i 2. SO 0 90 1 SS 0 M 1 N 0 N 1. 09 0 39 1 8 1, SYsrw US N�wM. Iro W 0 19 ] SD 0 ] 0 )S ] N 0 N 13 S .DrdA—Ce 93 0 GB 1 r 0 BO SS 0 2 N 0 05 2 w 0 SS ] 9 S � ems*+ n■a,.� FOR -1-1 MIRPO]EO DMLY. R RAXAI DOES MOT c—.TrruTE AN AWARD RECOMMENDAr N. Granado, Rafael From: DocuSign NA3 System <dse_NA3@docusign.net> on behalf of Alissa Caporelli via DocuSign <dse_NA3@docusign.net> Sent: Thursday, August 31, 2023 5:28 PM To: Granado, Rafael Subject: Completed: Complete with DocuSign: 23-006-01 Cost Allocation Consultant Attachments: ABC Attachments 2023-006-WG Cost Allocation Consultant.pdf; Resolution 2023-32S99.pdf [ THIS MESSAGE COMES FROM AN EXTERNAL EMAIL - USE CAUTION WHEN REPLYING AND OPENING LINKS OR ATTACHMENTS ] 0 Alissa Caporelli AlissaCaporelli@miamibeachfl.gov All parties have completed Complete with DocuSign: 23-006-01 Cost Allocation Consultant. Good afternoon, Rafael and Regis. Please find the attached agreement pursuant to RFQ 2023-006-WG for Cost Allocation Consultant, with all the supporting documents, for execution. Please date and sign where indicated. Resolution 2023-32599, Commission Date 05/17/2023, Item number C2 C. Thank you! Powered by Do Not Share This Email This email contains a secure link to DocuSign. 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