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Meter Reading Specialist, Inc.
Zt~O'7- ?~~ Z,3 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND METER READING SPECIALIST, INC D/B/A REVENUE ENHANCEMENT SERVICES FOR REVIEW OF WATER, SEWER, AND STORMWATER UTILITY FOR UN-READ, MIS-READ, AND UN-METERED SERVICES PURSUANT TO CITY REQUEST FOR PROPOSALS (RFP) No. 42-06/07 THIS AGREEMENT made and entered into this ~9 th day of~2008, by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter referred to as City), a municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and METER READING SPECIALIST, INC D/B/A REVENUE ENHANCEMENT SERVICES (hereinafter referred to as Consultant), a corporation, whose address is 10523 La Hwy 1033, Denham Springs, LA, 70726. SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant. City Manager: The Chief Administrative Officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent Consultant, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed pursuant to or undertaken under this Agreement, as described in Section 2. Fee: Amount paid to the Consultant to cover the costs of the Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, t~lep~on~, ~,~ number (305) 673-7000, Ext. 6435, and fax fi`fa~r~`"(3~5) $7Sr s yqe f, 7023. ~ ~ ~ ~ ` ;.,„ r ~ '-' ,. CITY CLERK Proposal Documents:"Proposal Documents" shall mean REQUEST FOR PROPOSALS NO. 42-06/07 FOR REVIEW OF WATER, SEWER, AND STORMWATER UTILITY FOR UN-READ, MIS-READ, AND UN- METERED SERVICES, issued by the City in contemplation of this Agreement, together with all amendments thereto, if any, and the Consultant's proposal in response thereto (Proposal), which is incorporated by reference in this Agreement and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, this Agreement shall prevail. SECTION 2 SCOPE OF WORK (SERVICES) The scope of work to be performed by Consultant is set forth below and, more particularly, in Exhibit "A," entitled "Scope of Services", attached and incorporated hereto (collectively the "Services"). The Consultant will examine the City's utility billing database, distribution system, operations and practices for the metering of water consumption, billings, collections, and revenue reporting functions. The objective of the aforementioned examination is to identify causes of, and the remedies for, inaccuracies and deficiencies in the metering and billing functions related to water, sewer and storm water service. The Services, as outlined in this Section 2 and Exhibit "A", are expected to generate new or increased revenues without requiring any expenditure of City of Miami Beach budgeted or unbudgeted funds for the performance of this project. The Services shall consist of three (3) tasks: Task I consists of, but is not limited to, identifying and analyzing the causes of revenue loss from unread, misread, or unmetered water and sewer usage, wastewater service problems, meter related malfunctions, or lost accounts; Task II consists of, but is not limited to, quantifying the potential revenue enhancement associated with the correction of these problems; and Task III consists of coordinating the implementation and execution of the corrective action. SECTION 3 COMPENSATION 3.1 COST SHARING PLAN Consultant shall be compensated for the Services, as set forth in Section 2 and Exhibit "A" on a contingency fee basis, receiving 40% of all increased revenue, after any expenses incurred by the City for a period of 36 months. 2 3.2 INVOICING Consultant shall submit a monthly invoice, which includes the percentage of increased revenue and the dollar amount of said increase, and a detailed description of the Services provided. 3.3 METHOD OF PAYMENT Payments shall be made for Services satisfactorily rendered within thirty (30) days of the date of invoice, in a manner satisfactory to, and as approved and received by, the City. Consultant shall mail all invoices to: City of Miami Beach Public Works Department Attn: Fred Beckmann 1700 Convention Center Drive 4th Floor Miami, Florida 33139 SECTION 4 GENERAL PROVISIONS 4.1 RESPONSIBILITY OF THE CONSULTANT With respect to the performance of the Services, the Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by recognized professionals with respect to the performance of comparable Services. In its performance of the Services, the Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, State of Florida, and Federal Government. 4.2 PUBLIC ENTITY CRIMES A State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes shall be filed with the City's Procurement Division, prior to commencement of the Services herein. 4.3 DURATION AND EXTENT OF AGREEMENT The term of this Agreement shall be for a period of 36 months from the date this Agreement is executed by all parties hereto. The Services to be rendered by the Consultant shall be commenced upon receipt of a written Notice to Proceed from the City subsequent to the execution of the Agreement. 3 4.4 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its employees, agents, sub-consultants, or any other person or entity acting under Consultant's control, in connection with the Consultant's performance of the Services pursuant to this Agreement; and 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 parties agree that one percent (1 %} of the total compensation to the 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 Consultant's obligation under this Subsection shall not include the obligation to indemnify the City of Miami Beach and its officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City and its officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.5 TERMINATION. SUSPENSION AND SANCTIONS 4.5.1 Termination for Cause If the Consultant shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City 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 terms of this Agreement and shall grant Consultant seven (7) days to cure such default. If such default remains uncured after seven (7) days, the City, upon three (3) days' notice to Consultant, may terminate this Agreement and 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 additionally be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counter claims against the City in any such action. 4 4.5.2 Termination for Convenience of Citv NOTWITHSTANDING SECTION 4.5.1, THE CITY MAY ALSO, FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE AT ANY TIME DURING THE TERM HEREOF BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE SEVEN (7) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF THE WRITTEN TERMINATION NOTICE. IN THAT EVENT, ALL FINISHED OR UNFINISHED DOCUMENTS AND OTHER MATERIALS, AS DESCRIBED IN SECTION 2 AND IN EXHIBIT "A",SHALL BE PROPERLY ASSEMBLED AND DELIVERED TO THE CITYAT CONSULTANT'S SOLE COST AND EXPENSE. IF THE AGREEMENT IS TERMINATED BY THE CITY AS PROVIDED IN THIS SUBSECTION, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED, AS DETERMINED BY THE CITY AT ITS DISCERTION, UP TO THE DATE OF TERMINATION. PROVIDED, HOWEVER, THAT AS A CONDITION PRECEDENT TO SUCH PAYMENT, CONSULTANT SHALL HAVE DELIVERED ANY AND ALL DOCUMENTS, MATERIALS, ETC, TO CITY. AS REQUIRED HEREIN. 4.5.3 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 4.5.2. 4.5.4 Sanctions for Noncompliance with Nondiscrimination Provisions In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such sanctions as the City, Miami-Dade County, and / or the State of Florida, as applicable, may determine to be appropriate, including but not limited to, withholding of payments to the Consultant under the Agreement until the Consultant complies and/or cancellation, termination or suspension of the Agreement. In the event the City cancels or terminates the Agreement pursuant to this Subsection the rights and obligations of the parties shall be the same as provided in Section 4.5.2. 4.6 CHANGES AND ADDITIONS Changes and additions to the Agreement shall be directed by a written amendment signed by the duly authorized representatives of the City and Consultant. No alteration, change, or modification of the terms of this Agreement shall be valid unless amended in writing, signed by both parties hereto, and approved by the City Commission of the City. 4.7 OWNERSHIP OF DOCUMENTS All documents prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein, and are intended or represented for ownership by the City. Any reuse distribution, or dissemination of same by Consultant, other than to the City, shall first be approved in writing by the City. 4.8 INSURANCE REQUIREMENTS The Consultant shall not commence any work pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. The Consultant shall maintain and carry in full force during the term of this Agreement the following insurance: Consultant Professional Liability in the amount of $500,000. 3. Workers Compensation & Employers Liability as required pursuant to Florida Statutes. 4. The insurance must be furnished by insurance companies authorized to do business in the State of Florida and approved by the City's Risk Manager. 5. Original certificates of insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the office of the Risk Manager, 3rd Floor, City Hall. 6. The Consultant is solely responsible for obtaining and submitting all insurance certificates for its sub-consultants. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement, and the City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required overage. 4.8.1 Endorsements All of Consultant's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. 6 4.8.2 Certificates Unless directed by the City otherwise, the Consultant shall not commence any Services pursuant to this Agreement until the City has received and approved, in writing, certificates of insurance showing that the requirements of this Section (in its entirety) have been met and provided for. 4.9 ASSIGNMENT, TRANSFER OR SUBCONTRACTING The Consultant shall not subcontract, assign, or transfer any work under this Agreement in whole or in part, without the prior written consent of the City. 4.10 SUB-CONTRACTORS The Consultant shall be liable for the Consultant's services, responsibilities and liabilities under this Agreement and the services, responsibilities and liabilities of sub-contractors, and any other person or entity acting under the direction or control of the Consultant. When the term "Consultant" is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or entity acting under the direction or control of Consultant. All sub-contractors must be approved in writing by the City prior to their engagement by Consultant. 4.11 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex, age, and national origin, place of birth, marital status, physical handicap, or sexual orientation. The Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during their employment without regard to their race, color, religion, ancestry, sex, age, national origin, place of birth, marital status, disability, or sexual orientation. 4.12 CONFLICT OF INTEREST The Consultant agrees to adhere to and be governed by the Metropolitan Miami-Dade County Conflict of Interest Ordinance (No. 72-82}, as amended; and by the City of Miami Beach Charter and Code, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. 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. 7 4.13 PATENT RIGHTS; COPYRIGHTS; CONFIDENTIAL FINDINGS Any patentable result arising out of this Agreement, as well as all information, specifications, processes, data and findings, shall be made available to the City for public use. No reports, other documents, articles or devices produced in whole or in part under this Agreement shall be the subject of any application for copyright or patent by or on behalf of the Consultant or its employees orsub-contractors, without the prior written consent of the City. 4.14 NOTICES All notices and communications in writing required or permitted hereunder may be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of dispatch). Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Meter Reading Specialist, Inc. d/b/a Revenue Enhancement Services Attn: Travis Carpenter, President 10532 La Hwy 1033 Denham Springs, LA, 70726 (225) 667-4284 TO CITY: City of Miami Beach Public Works Attn: Fred Beckman, Director 1700 Convention Center Drive Miami Beach, Florida 33139 (305) 673-7625 Notices hereunder shall be effective: If delivered personally, on delivery; if mailed to an address in the city of dispatch, on the day following the date mailed; and if mailed to an address outside the city of dispatch on the seventh day following the date mailed. 4.15 LITIGATION JURISDICTION/VENUE 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, THE CONSULTANT EXPRESSLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 4.16 ENTIRETY OF AGREEMENT This writing and the Services embody the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written with reference to the subject matter hereof that are not merged herein and superceded hereby. The Services and the Proposal Documents are hereby incorporated by reference into this Agreement. 4.17 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 $1,000. 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 $1,000. 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 $1,000 for any action or claim for breach of contract arising out of the performance ornon-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph 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. 9 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: Ci Clerk Robert Parcher Date FOR CONTRACTOR: May r Matti Bower Date METER READING SPECIALIST, INC D/B/A REVENUE ENHANCEMENT SERVICES ATTEST: By: Secretary t~. Print Name ~ 08 _ Da e resident Print ame ~, ~ ©~ Date Attachments: Exhibit "A" -Request for Proposal No. 42-06/07, Addendums thereto, Consultant's response to the RFP, and additional correspondence submitted during negotiations. 11 APPROVED AS TO FORM & LANGUAGE ~& FO ELUTION ~ 6'T ~~ ~~ REQUEST FOR PROPOSALS FOR THE REVIEW OF WATER, SEWER, AN D STORMWATER UTILITY FOR UN-BILLED AND MIS- BILLED SERVICE RFP # 42-06/07 RFP DUE DATE: DUNE 25, 2007 at 3:00 P.M. Maria Estevez, Procurement Coordinator PROCUREMENT DIVISION 1700 Convention Center Drive Miami Beach, FL 33139 mariaestevez@miamibeachFl.gov F:\PURC\$All\Maria\RFP'S\06-07\RFP 42-Ob-07 Un-Billed and Mis-Billed Services.doc m MIAMIBEACH m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 PUBLIC NOTICE THE REVIEW OF WATER, SEWER AND STORMWATER UTILITY FOR UN-BILLED AND MIS-BILLED SERVIC Request for Proposals (RFP) No. 42-06/07 Scope of Services The City of Miami Beach is soliciting responses from firms to provide the review of water, sewer and storm water utility for un-billed and mis-billed service. All respondents to this RFP should focus on and define proven methods that will be used to provide the review of water, sewer and storm water utility for un-billed and mis-Billed services to the City as further described in this RFP. Sealed proposals will be received until 3:00 PM on June 25, 2007 at the following address: City of Miami Beach City Hall Procurement Division -Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Any response received after 3:00 PM on June 25, 2007 will be returned to the proposer unopened. The responsibility for submitting proposals before the stated time and date is solely the responsibility of the proposer. The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Proposal Submission Meeting is scheduled for June 4, 2007, at 10:00 A.M. at the following address: City of Miami Beach City Hall -Fourth Floor 1700 Convention Center Drive City Manager's Large Conference Room Miami Beach, Florida 33139 The City of Miami Beach has contracted with BidNet as our electronic procurement service for automatic notification of bid opportunities and document fulfillment. We encourage you to participate in this bid notification system. This system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/public/home1.asg May 21, 2007 City of Miami Beach RFP No: 42-0t3/07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Service 2 of 39 If you do not have Internet access, please call the BidNet support group at 800-677-1997 extension # 214. Attendance (in person or via telephone) to this Pre-Proposal submission meeting is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the pre-Proposal submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Proposers who are interested in participating via telephone, please send an a-mail to mariaestevez@miamibeachfl.gov expressing your intent to participate via telephone at least one business day in advance of the meeting. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAYBE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp • CONE OF SILENCE --ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS --ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES --ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002- 3363. • EQUAL BENEFITS ORDINANCE -ORDINANCE NO. 2005-3494. • CAMPAIGN CONTRIBUTIONS BY VENDORS -ORDINANCE NO. 2003-3389. Sincerely, .::.. Gus Lopez, CPPO Procurement Director May 21, 2007 City of Miami Beach RFP No: 42-08!07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed $eNICe 3 of 39 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov PROCUREMENT Division Te1:305.673.7490 Fax: 305.673.7851 RFP No. 42-06/07 NOTICE TO PROSPECTIVE PROPOSERS If not submitting a proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: Our company does not handle this type of product/service. We cannot meet the specifications nor provide an alternate equal product. Our company is simply not interested in bidding at this time. Due to prior commitments, I was unable to attend pre-proposal meeting. OTHER. (Please specify) We do do not want to be retained on your mailing list for future proposals for the type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from the City's bid list. May 21, 2007 City of Miami Beach RFP No: 42-06/07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Service 4 of 39 m MIAMIBEACH City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, fox: 305-673-7851 TABLE OF CONTENTS PAGE i. OVERVIEW AND PROPOSAL PROCEDURES 6-11 II. SCOPE OF SERVICES/SPECIFICATIONS 12-13 III. PROPOSAL FORMAT 14-15 IV. EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 16-17 V. SPECIAL TERMS AND CONDITIONS- INSURANCE 18 VI. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY WITH PROPOSAL SUBMISSION -All items outlined as required under Proposal Format (Section III) and Scope of Services/Specifications (Section II) -Signed Insurance Checklist 19 -Proposer Information 20 -Acknowledgment of Addenda 21 -Declaration ~ Y2 -Sworn Statement/Section 287.133(3)(a), Florida Statutes - Public Entity Crimes 23-24 - Questionnaire 25.28 - Declaration: Nondiscrimination in Contracts and Benefits 30-32 - Reasonable Measures Application (If Applicable) 33-34 -Substantial Compliance (if Applicable) 35-37 VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS - Performance Evaluation Letters 38-39 - Performance Evaluation Survey May 21, 2007 City of Miami Beach RFP No: 42-06/07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Service 5 of 39 SECTION I -OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION /BACKGROUND The purpose of this Request for Proposals (RFP) is to select a qualified firm to provide specialized service to assist the City in minimizing un-billed and/or mis-billed service. The RFP will require the selected firm to examine the utility billing database, distribution system, operations and practices for the metering of water consumption, billings, collections, and revenue reporting functions. The objective of the aforementioned examination is to identify causes of and the remedies for inaccuracies and deficiencies in the metering and billing functions related to water, sewer and storm water service. The selected firm will perform its services on a contingency fee basis and will be paid only a percentage of the increased revenue from future billings as well as retroactive billings that are generated by the program. It is estimated that the successful consultant will increase the City's utility gross revenue by approximately $750,000 per year. The accurate measurement of water and the precise billing for that service is the means by which the utility generates revenue to offset expense, determines equitable fees among users, and promotes conservation. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP Issued Pre-proposal submission meeting Deadline for receipt of questions Deadline for receipt of Proposals Evaluation Committee meeting Commission approval authorizing negotiations Contract negotiations Projected contract start date May 21, 2007 June 4, 2007 June 12, 2007 June 25, 2007 at 3:00 P.M. July 2007 July 2007 July 2007 August 2007 C. PROPOSALS SUBMISSION An original and ten (10) copies of your complete proposal must be received no later than 3:00 o.m. on June 25, 2007, at the following address: City of Miami Beach City Hall Procurement Division --Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposer's name, address, telephone number, RFP number and title, and due date. No facsimile ore-mail responses will be considered. May 21, 2007 City of Miami Beach RFP No: 42-08/07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Service 6 of 39 The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly that of the Proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Responses received after the RFP due date and time will not be accepted and will not be considered. D. Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance") Proposers are advised that this RFP and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." 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. All Proposers shall complete and return, with their proposal, the "Declaration: Non-discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the Proposers certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that: a. The Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed; AND. b. The Contractor shall complete and retum the "Substantial Compliance Authorization Form" contained herein. It is important to note that Contractors are considered in compliance if Contractor provides benefits neither to employees' spouses nor to employees' Domestic Partners. E. PRE-PROPOSAL SUBMISSION MEETING jUl~ ~ A Pre-Proposal submission meeting is scheduled f ~ , 2007 at 10:00 A.M. at the following address: City of Miami Beach City Hall -Fourth Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the pre-RFP submission meeting via telephone must follow these steps: May 21, 2007 City of Miami Beach RFP No: 42-08/07 Review of Water, Sewer and Storrnweter Utility for Un-Blued and Mic-Biped Service 7 0( 39 (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Proposers who are interested in participating via telephone, please send an a-mail to the contact person listed below, expressing your intent to participate via telephone. F. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is Maria Estevez at phone: 305-673-7490; fax: 305-673-7851; or e- mail: mariaestevez@miamibeachfl.gov. Communications between a proposer, bidder, lobbyist or consultant and the Procurement Division are limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the Procurement Division. Facsimile ore-mail requests are acceptable. Please send all questions to ctuslopez(~miamibeachfl.gov and copy the City Clerk's office RobertParcher(c~miamibeachfl.gov. no later than the date specified in the RFP timetable. The Procurement Division will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in anywritten addendum to this RFP. Proposers should verifywith the Procurement Division prior to submitting a proposal that all addenda have been received. Proposers are advised that oral communications between the Proposer, or their representatives, and the Mayor or City Commissioners and their respective staff, or members of the City's administrative staff to include the City Manager and his staff, or evaluation committee members is prohibited. G. MODIFICATIONNVITHDRAWALS OF PROPOSALS A Proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the proposal due date or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the proposal due date and before said expiration date and letters of withdrawal received after contract award will not be considered. H. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the Proposers) and shall not May 21, 2007 City of Miami Beach RFP No: 42-08/07 Review of Water, Sewer and Stomwvater Utility for Un-Billed and Mis-Billed Service 8 of 39 be reimbursed by the City. J. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, at its sole and absolute discretion, may acceptor reject the exceptions. Incases in which exceptions are rejected, the City may require the Proposer to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. K. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of Proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". L. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require Proposers to give oral presentations based on their Proposals. The City reserves the right to enter into negotiations with the top-ranked Proposer, and if the City and the top-ranked Proposer cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the second-ranked Proposer. This process may continue until a contract has been executed or all Proposals have been rejected. No Proposer shall have any rights in the subject project or property or against the City arising from such negotiations. M. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344 which establishes procedures for resulting protested RFP's selection for awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. N. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with, and comply with, all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the Proposer will in no way relieve it from responsibility for compliance. O. DEFAULT Failure or refusal of a Proposer to execute a contract following award by the City Commission, or untimely withdrawal of a proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor fist. May 21, 2007 City of Miami Beach RFP No: 42-08J07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Service 9 of 39 P. CONFLICT OF INTEREST All Proposers must disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer or any of its affiliates. Q. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All Proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. R. PROPOSER'S RESPONSIBILITY Before submitting proposal, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, and will not be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Proposer. S. RELATION OF CITY It is the intent of the parties hereto that the successful Proposer be legally considered to be an independent contractor and that neither the Proposer nor the Proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity ,and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFP is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid. May 21, 2007 City of Miami Beach RFP No: 42-08/07 Review of Water, Sewer and Stormvrater Utility for Un-Biled and Mis-Billed Servke 10 of 39 W. PROHIBITED CAMPAIGN CONTRIBUTIONS BY VENDORS Pursuant to Section 38-6 of the City Code, no person who is a vendor to the City shall give a campaign contribution directly, or through a member of the person's immediate family, or through a political action committee, or through any other person, to a candidate, or to the campaign committee of a candidate, for the offices of mayor or commissioner. No candidate, or campaign committee of a candidate for the offices of mayor or commissioner, shall solicit or receive any campaign contribution from a person who is a vendor to the City, or through a member of the person's immediate family, or through a political action committee, or through any other person on behalf of the person. This prohibition applies to natural persons and to persons who hold a controlling financial interest in business entities. X. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000-23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code")and submit that Code to the Procurement Division with your bid/response or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. Y. AMERICAN WITH DISABILITIES ACT Call 305-673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. Z. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. May 21,2007 City of Miami Beach RFP No: 42-08/07 Review of Water. Sewer and Stormwater Utility for Un-Biilleed and Mls-Billed Service 11 of 39 SECTION II --SCOPE OF SERVICES/SPECIFICATIONS The scope work as outlined herein is expected to generate new found or increase revenue, without requiring any expenditure of budgeted funds for the performance of this project. The scope of work shall consist of three (3) tasks: Task I consists of, but is not limited to, identifying and analyzing the causes of revenue loss from un- billed ormis-billed water and sewer usage due to billing-rated inconsistencies, wastewater service problems, meter related malfunctions, or lost accounts; Task II consists of, but is not limited to, quantifying the potential revenue enhancement associated with the correction of these problems; and Task III consists of coordinating the implementation and execution of the corrective action. The firm shall be entitled to receive a portion of actual increases generated. if the firm fails to identify and document un-billed or mis-billed water and sewer services, then the City shall be under no obligation to compensate the firm. Special qualifications desired are expertise and nation-wide experience in teaming with state or local government utilities to identify and recover un-billed and mis-billed water revenues. Some of the benefits from a successful award of contract would be: 1. Performance Based Contract; delivering revenue enhancement to the utility while the firm bears the risk; 2. Brings recognized technical expertise to assist utility's staff; 3. Provides immediate increased revenue on current services; 4. Delivers ongoing increased revenue to the utility after the program's completion; 5. Improves accountability for services to all customers; and 6. Improves "rate payer" equity among all users. EVALUATION PROCESS The procedure for response evaluation and selection will be as follows: • RFP issued • Receipt of responses. • Opening and listing of all responses received. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFP. If further information is desired, respondents maybe requested to make additional written submissions ororal presentations to the Evaluation Committee. May 21, 2007 City of Miami Beach RFP No: 42-08/07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Service 12 of 39 • The Evaluation Committee will recommend to the City Manager the response(s) which the Evaluation Committee deems to be in the best interest of the City by using the following criteria for selection: 1. Firm's Experience and Qualifications of the Firm 20 points 2. Past Performance Evaluation Surveys 10 points 3. Proposed Revenue Sharing Program 25 points 4. Methodology and Approach to Recovery 20 points 5. Interview of Key Personnel 25 points • The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. • After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses acceptance of which the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. • Negotiations between the selected respondent and the City take place to arrive at a contract price. If the City Commission has so directed, the City may proceed to negotiate a contract price with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable contract price within a reasonable period of time. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. • If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected respondent(s) has (or have) done so. May 21, 2007 City of Miami Beach RFP No: 42-08/07 Revrew of Water, Sewer and Stormwater Utility for Un-Billed and Mia-Blued Service 13 of 39 SECTION III -PROPOSAL FORMAT Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Proposers must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non-responsive. The City will not accept fee/cost information after deadline for receipt of proposal. 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter outlining the proposer's professional specialization, provide past experience to support the qualifications of the submitter. Interested Proposers shall submit documents that provide evidence as to the capability to provide and implement the wide area network communications services as outlined in this RFP. b) Proposers must provide documentation which demonstrates their ability to satisfy all of the minimum requirements detailed in this RFP. c) References: List at least five client references, to include contact name, title, company, address, telephone number, a-mail address, fax number. d) Qualifications of Proposer: Outline in detail the experience and qualifications of the business, and individual members of the business assigned to this project, in accomplishing similar services. e) Client Survey: Please provide your other clients with the Performance Evaluation Letter and Survey attached herein on pages 38 and 39 and request that your clients submit the completed survey to the contact person noted on page 8. f) Past Performance Information: Past performance information will be collected on all proposers. Proposers are required to identify and submit their best projects. Proposers will be required to send out Performance Evaluation Surveys to each of their clients. Proposers are also responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. May 21, 2007 City of Miami Beach RFP No: 42-08/07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Service 14 of 39 g) Risk-Assessment Plan (RAP): All proposers must submit aRisk-Assessment Plan. The Risk-Assessment Plan must not be longer than two pages front side of page only. The RAP should address the following items in a clear and generic language: (1) What risks the project has. (Areas that may cause the Successful Proposer not to finish on time, not finish with budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimize. (3) Propose any options that could increase the value of this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. No brochures or marketing pieces. 3. Costs to the City: Provide a proposed revenue sharing program. 4. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms. 5. Any other Documents Required by this RFP. May 21,2007 City of Miami Beach RFP No: 42-06/07 Review of Water, Severer and Stonnwater Utility for Un-B01ed and Mis-Billed Service 15 of 39 SECTION IV -EVALUATION/SELECTION PROCESS The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening of responses and determination if they meet the minimum standards of responsiveness. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, Proposers maybe requested to make additional written submissions ororal presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors, for a total of 100 possible points. The Evaluation Committee will rank no less than three firms as follows: The firm with more than 50% of the Committee Members' first-place ranking will be deemed the top- ranked firm. The second and third rank hrms will be ranked based on the total low aggregate ranked score. For example, a Committee of seven (7) members ranks the firms as follows: Firm A. 4 - 1ST place votes (4x1=4) 1 -2nd place vote (1x2=2) 2 -3rd place votes (2x3=6) Firm B. 2 - 1st place votes (2x1=2) 4 - 2nd place votes (4x2=8) 1 - 3rd place votes (1x3=3) Firm C. 1 -1st place votes (1x1=1) 2 - 2nd place vote (2x2=4) 4 -3rd place votes(4x3=12) TOTAL LOW AGGREGATE 12 RANKED SCORE 13 17 Firm A received more than 50% (4 out of 7) first place votes, and is therefore the top ranked firm. Firm B received a ranked score of 13, and is therefore, the second-ranked firm, and so forth. If no firm receives more than 50% of the first-place votes, then the top-ranked and subsequent ranked firms will be determined on the total low aggregate ranked score as shown on the above example. 6. .After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the Mayor and Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The Mayor and Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, the Mayor and Commission shall select the proposal or proposals acceptance of which the Mayor and Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected Proposers and the City Manager take place to arrive at a May 21, 2007 City of Miami Beach RFP No: 42.08/07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Service 18 of 39 contract. If the Mayor and Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the Mayor and Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the Mayor and Commission, the Mayor and City Clerk sign the contract(s) after the selected proposers) has (or have) done so. Important Note: By submitting a proposal, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. May 21,2007 City of Miami Beach RFP No: 42-08107 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Servk~e 17 of 39 SECTION V -SPECIAL TERMS AND CONDITIONS: INSURANCE INSURANCE: Successful Proposer shall obtain, provide and maintain during the term of the Agreement the following types and amounts of insurance which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Any exceptions to these requirements must be approved by the City's Risk Management Department: Commercial General Liability. A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Selected Proposer or City, and shall name the City and the officers, agents and employees of said organizations as additional insured while acting within the scope of their duties but only as to work performed by the Selected Proposer under this Agreement. This policy cannot be canceled without thirty (30) days prior written notice to the City. The Selected Proposer shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the Agreement. No work shall be done by the Architect during any period when it is not covered by insurance as herein required. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed Agreement. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancy of selected Proposer outside the proposed Agreement, selected Proposer shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Selected Proposer shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: Selected Proposer's failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. May 21, 2007 City of Miami Beach RFP Plo: 42.08/07 Review of Water, Sewer and Stormwater Utility for Un-BYled and Mis-BfUed Service 18 Of 39 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1.000.000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4 . Excess Liability - $ . 00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value $ . 00 _ Liquor Liability $ . 00 _ Fire Legal Liability $ . 00 _ Protection and Indemnity $ . 00 Professional Liability $ .00 Employee Dishonesty Bond $ .00 Theft Covering Money and/or Property Of Others $ .00 XXX 7.Thirty (30) days written cancellation notice required. XXX 8.Best's guide rating B+:VI or better, latest edition. XXX 9.The certificate must state the RFP number and title PROPOSER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Proposer May 21,2007 City of Miami Beach Signature of Proposer RFP No: 4208/07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Service 19 of 39 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of , 2006. The undersigned, as propose ,declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The proposer states that the response is based upon the documents identified by the following number: RFP No. 42-06/07. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) May 21, 2007 City of Miami Beach RFP No: 42.08/07 Review of Water, Sewer and SWrmwater Utility for Un-Biled aril Mis-Billed Service 22 of 39 SWORN STATEMENT UNDER SECTION 287.133(3)(x), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to [print name of public entity] by [print individual's name and title] for [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(x), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shalt be considered an affiliate. May 21, 2007 City of Miami Beach RFP No: 42.08/07 Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis-Billed Service 23 of 39 5) I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which othervvise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this day of , 2006 Personally known OR Produced identification Notary Public -State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) May 21,2007 City of Miami Beach RFP No: 42.08/07 Review of Water, Sewer and Stonnwater UfiGty for Un-Billed and Mis-Billed Service 24 of 39 QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors RFP No: 42-08/07 May 21, 2007 City of Miami Beach Review Ot Water, Sewer and Stormweter Utility tot Un-BfUed end Mis-Billed 25 0( 39 Questionnaire (continued) If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 2. Have any agreements held by Proposer for a project ever been canceled? Yes() No() If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: RFP No: 42-08/07 May 21,2007 City of Miami Beach Review of Water, Sewer and Stormwater Utility for Un-Billed and Mis$illed Service 28 of 39 Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes () No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFP and Qualification Form have ( )have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) May 21, 2007 RFP No 42-08/07 City of Miami Beach 27 of 38 Questionnaire (continued) 8. Public Disclosure. in order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. May 21,2007 RFP No 42-06/07 Cily of Miami Beach 28 of 39 Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Contract and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: Signature Print Name WITNESS: Signature Print Name WITNESS: Signature Print Name (CORPORATE SEAL) May 21,2007 City of Miami Beach IF INDIVIDUAL: Signature Print Name IF PARTNERSHIP: Print Name of Firm Address By: General Partner Print Name IF CORPORATION: Print Name of Corporation Address By: President Attest: RFP No 42-06/07 29 of 39 ~ ~ ~ j~ ~~~ ~~ ~ ~ _ a.. CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: Vendor Number (if known): Federal ID or Social Security Number: Approximate Number of Employees in the U.S.: Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ^ Race _Yes _ No ^ Sex _Yes _ No ^ Color _Yes _ No ^ Sexual orientation _Yes _ No ^ Creed _Yes _ No ^ Gender identity (transgender status) _Yes _ No ^ Religion _Yes _ No ^ Domestic partner status _Yes _ No ^ National origin _Yes _ No ^ Marital status _Yes _ No ^ Ancestry _Yes _ No ^ Disability _Yes _ No ^ Age _Yes _ No ^ AIDS/HIV status _Yes _ No i. ; Height _Yes _ No ^ Weight _Yes _ No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. _ Yes _ No May 21, 2007 RFP No 42-08/07 City of Miami Beach 30 of 39 Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must a some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? _ Yes _ No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? _ Yes _No ___ _ __ *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an intemal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such govemmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered "NO" to both Questions 2A and 26, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. Ifyou answered "YES" to either or both Questions 2A and 26, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the "other« section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benel'fts are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Employees with S ouses Yes for Employees with Domestic Partners No, this Benefit is Not Offered Documentation of this Benefit is Submitted with this Form Health o ^ ^ o Dental ^ ^ ^ ^ Vision . ^ ^ ^ ^ Retirement (Pension, 401 k etc. ^ ^ o ^ Bereavement o ^ ^ o Famil Leave ^ ^ ^ ^ Parental Leave o ^ ^ ^ Employee Assistance Pr ram ^ o o ^ Relocation & Travel o ^ ^ o Company Discount, Facilities & Events ^ ^ ^ ^ Credit Union ^ ^ o ^ Child Care ^ ^ ^ ^ Other ^ ^ ^ o May 21, 2007 RFP No 42-06/07 City of Miami Beach 31 of 39 Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you maybe eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes _ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year , at City State Signature Name of Signatory (please print) Mailing Address City, State, Zip Code Title ~Y 21. ~~ RFP No 42-08/07 City of Miami Beach 32 of 39 ~~ ,~. ~ #~ ~. ~ ~ ~y... r CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such beneifts providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Signature Name of Signatory (please print) Title May 21, 2007 City of Miami Beach Mailing Address of Company City, State, Zip Telephone Number Date RFP No 42-08/07 33 of 39 Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether, a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. May 21 ~ ~~ RFP No 42.08/07 City of Miami Beach 34 of 39 y A P"X "~ ! r '' t tt~ ~ ,~ ~ F CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: ~Y 21.2007 RFP No 42-08/07 City of Miami Beach 35 of 39 B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. May 21, 2007 RFP No 42-08/07 City of Miami Beach 38 0l 39 For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Signature Name of Signatory (please print) Title m MIAMIBEACH Mailing Address of Company City, State, Zip Telephone Number Date RFP No 42-06/07 37 of 39 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on the Review of Water, Sewer and Storm Water Utility for Un-Billed and Mis- Billed Service. The information will be used to assist City of Miami Beach in the procurement of such services. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client for which they have provided services. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes of your time to complete the accompanying questionnaire. Please review all items in the following document and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Maria Estevez by June 25, 2007 via fax: 786.394.4002; ore-mail mariaestevez@miamibeachfl.gov Thank you for your time and effort. Gus Lopez, CPPO Procurement Director ~ M I A M I B E AC H RFP No 42-06/07 38 of 39 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 PERFORMANCE EVALUATION SURVEY Name of Company: Point of Contact: Phone and e-mail: Please evaluate the performance of the ContractorNendor (10 means you are very satisfied and have no issues with utilizing their services again; 5 is don't know; and 1 is if you would never utilize their services again due to very poor performance). CRITERIA RATING 1 (1-10) Abili to mans a cost 2 Abili to maintain delive timeliness on-time (1-10) 3 A lication Functionali (1-10) 4 Professionalism and abili to manse (1-10) 5 Su ort and Maintenance (1-10) 6 Ability to Meet Critical Requirements (1-10) ~ Overall customer satisfaction and hiring again based on (1-10) erformance comfort level in hirin contractor a ain Overall Comments: Contact Reference Business Name: Contact Name: Contact Phone and a-mail: Date of Services: -- _ __ - - Estimated Dollar Amount for Services: Please return this questionnaire to Maria Estevez by June 25, 2007 via fax: 786.394.4002; ore-mail mariaestevez@miamibeachfl.gov May 21, 2007 RFP No 42-06/07 City of Miami Beach 39 of 39 COMMISSION ITHN SUMMARY Condensed Title: Accept the City Manager's Recommendation Pertaining to the Ranking of Firms Pursuant Request For Proposals No.42- 06107, For The Review of Water, Sewer, and Stormwater Utility for Un-read, Mis-Read, and Un-Metered Services; Authorizing to Enter Into Negotiations with Top-Ranked Proposer, Meter Reading Specialist, Inc d/b/a Revenue Enhancement Specialist, Inc; Should the Administration Not Be Successful in Negotiating With Top-Ranked Proposer, authorize negotiations wit the second-ranked proposer, ISI Water company d/b/a Water Company of America; and Further Authorizin the Ma or and C' Clerk to Execute A reements U n Conclusion of Successful N otiations. Ks Intended Outcome Su orted: To Improve the City's Overall Financial Health and Maintain Overall Bond Rating. Supporting Data (Surveys, Environmental Scan, etc.): City Services for tax dollars paid appeared as a key area for improvement for resident's perception of the City of Miami Beach as a place to live and their overall quality of life. Issue• Shall the City Commission approve the City Managers recommendation? On May 16, 2007, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 42-06107 for the Review of Water, Sewer, and Stormwater Utility for Un-read, Mis-read, and lJn-read Services. The objective of the aforementioned examination is to identify causes of and the remedies for lnaccuraaes and deficiencies in the metering and billing functions related to water, sewer and storm water service. RFP No. 42-06/07 was issued on May 21, 2007 with an opening date of June 25, 2007. Apre-proposal conference to provide information to the banking institutions submitting a response was held on June 4, 2007. BidNet issued bid notices to B5 prospective proposers, RFP Depot issued bid notices to 52 prospective proposers, and 34 proposers were notified via mail, a-mail, and fax circulation, which resulted in the receipt of four (4) proposals. The City Manager via Letter to Commission (LTC) No.169-2007, appointed an Evaluation Committee ("the Committee") that convened on August 15, 2007. The Committee members were provided with Perfiormance Evaluation Surveys and presentation from all firms being evaluated. The Committee discussed their individual pen~ptions of the contractor's qualifications, and ranked the firms being evaluated accordingly. The City Manager after exercising his due diligence by reviewing the proposals submitted by ISI Water Company d/b/a Water Company of America and Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services recommends that it is in the best economical interest to the City to accept Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services as first ranked proposer due to 60% cost revenue sharing percentage to the City proposed by Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services as compared to the 45°10 cost revenue sharing percentage to the City proposed by ISI Water Company d/b/a Water Company of America. ACCEPT THE CITY MANAGER'S RECOMMENDATION Bosrd Recommendation: Financial Information: Source of Funds: Amount Account. 1 2 3 OBPI Total Financial Impact Summary: Clerk's Office Legia Lopez extension 6641 Sian-Offs: O rtmenf Director Asststar! .IManaper C Managet ,: • .. GL FB RCM JMG i svwrnyxn~cwiu~uauiwonwrnvtrr-u~uoui weer a ywwr wxug ~ervw;ea item sunmary.nx ~ MIAMIBEACH =~ V U Ai#ENbA ITEM C? P DATE -5=07 m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 5, 2007 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFP) N0.42-06/07, FOR THE REVIEW OF WATER, SEWER, AND STORMWATER UTILITY FOR UN-READ, MIS-READ, AND UN-METERED SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE FIRST- RANKED PROPOSER, METER READING SPECIALISTS, INC d/b/a REVENUE ENHANCEMENT SERVICES; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE FIRST-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-RANKED PROPOSER, ISI WATER COMPANY d/b/a WATER COMPANY OF AMERICA; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS On May 16, 2007, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 42-06/07 for the Review of Water, Sewer, and Stormwater Utility for Un-read, Mis-read, and Un-metered Services. The purpose of this Request for Proposals (RFP) is to select a qualified firm to provide specialized service to assist the City in minimizing Un-read, Mis-read, and Un-metered Services. The RFP will require the selected firm to examine the utility billing database, distribution system, operations and practices for the metering of water consumption, billings, collections, and revenue reporting functions. The objective of the aforementioned examination is to identify causes of and the remedies for inaccuracies and deficiencies in the metering and billing functions related to water, sewer and storm water service. The selected firm will perform its services on a contingency fee basis. The accurate measurement of water and the precise bluing for that service is the means by which the utility generates revenue to offset expense, determines equitable fees among users, and promotes conservation. 249 Commission Memorandum - RFP-42-Ofi/07 September 5, 2007 Page 2 of 7 The scope work as outlined herein is expected to generate new found or increase revenue, without requiring any expenditure of budgeted funds for the performance of this project. The scope of work shall consist of three (3) tasks: Task I consists of, but is not limited to, identifying and analyzing the causes of revenue loss from Un-read, Mis-read, and Un-metered water and sewer usage, wastewater service problems, meter related malfunctions, or lost accounts; Task II consists of, but is not limited to, quantifying the potential revenue enhancement associated with the correction of these problems; and Task III consists of coordinating the implementation and execution of the corrective action. Special qualifications desired are expertise and nation-wide experience in teaming with state or local government utilities to identify and recover Un-read, Mis-read, and Un-metered water revenues. Some of the benefits from a successful award of contract would be: 1. Performance Based Contract; delivering revenue enhancement tD the utility while the firm bears the risk; 2. Brings recognized technical expertise to assist utility's staff; 3. Provides immediate increased revenue on current services; 4. Delivers ongoing increased revenue to the utility after the program's completion; 5. Improves accountability for services to all customers; and 6. Improves "rate payer" equity among all users. RFP No. 42-06/07 was issued on May 21, 2007 with an opening date of June 25, 2007. A pre-proposal conference to provide information to the banking institutions submitting a response was held on June 4, 2007. BidNet issued bid notices to'65 prospective proposers, RFP Depot issued bid notices to 52 prospective proposers, and 34 proposers were notified via mail, a-mail, and fax circulation, which resulted in the receipt of following four (4) proposals: 1. ISI WATER COMPANY d/b/a WATER COMPANY OF AMERICA 2. METER READING SPECIALISTS, INC d/b/a REVENUE ENHANCEMENT SERVICES 3. WATER SYSTEMS OPTIMIZATION, INC 4. UTILITY REVENUE MANAGEMENT COMPANY, INC. The City Manager via Letter to Commission (LTC) No. 169-2007, appointed an Evaluation Committee ("the Committee") consisting of the Following individuals: • Elie Fakie, Capital Project Coordinator, Public Works Department • Raul Soria, Revenue Manager, Finance Department • Eric Lawrence, Resident and Graduate of the Leadership Academy • Jim Sutter, Intemal Auditor, Intemal Audit Department • James Cuny, Resident and Graduate of the Leadership Academy 250 Commission Memorandum - RFP-42-06/07 September 5, 2007 Page 3 of 7 On August 15, 2007, the Committee convened and a quorum was attained. The Committee unanimously nominated Mr. James Sutter as Chair of the Committee. Mike Alvarez, Assistant Director of the Public Works Department, addressed the Committee and provided general information on the scope of services. The Committee members were also provided with Performance Evaluation Surveys and presentation from all firms being evaluated. The following Evaluation Criteria was used to evaluate and rank the groups or individuals: 1. Firm's Experience and Qualifications of the Firm 20 points 2. Past Performance Evaluation Surveys 10 points 3. Proposed Revenue Sharing Program 25 points 4. Methodology and Approach to Recovery 20 points 5. Interview of Key Personnel 25 points The method of ranking the contractors utilized by the Committee was the following: The contractors with more than 50% of the Committee Members' first-place votes will be deemed the top-ranked contractor; subsequent contractors or contractors not receiving the majority of the Committee Member's first-place votes will be ranked based on the total low aggregate ranked score. The Committee discussed their individual perceptions of the contractor's qualifications, experience, and competence, and ranked the firms being evaluated accordingly. A motion was presented by James Sutter, seconded by Eric Lawrence and unanimously approved by all Committee members for (1) ISI Water Company, to be recommended for potential award of contract for the Review of Water, Sewer, and Stormwater Utility for Un- read, Mis-read, and Un-metered Services. A second motion was presented by Eric Lawrence, seconded byJames Curryand unanimouslyapproved byall Committee members to recommend lowering the cost revenue sharing percentage of 55% proposed by ISI Water Company during the negotiation process. The final scoring was as follows: Eric LpW Elie Raul Lawrenc Jlm James AGGREGATE Fakie Soria a Sutter Cu TOTALS TOTALS ISI WATER COMPANY d/b/a WATER COMPANY OF AMERICA 81 1 75 2 94 1 93 1 88 2 421 7 METER READING SPECIALISTS, INC d/b/a REVENUE ENHANCEMENT SERVICES 80 2 77 1 86 2 88 2 89 1 420 8 WATER SYSTEM OPTIMIZATION 71 3 72 3 77 4 87 3 86 3 939 16 UTILITY REVENUE MANAGEMENT 60 4 30 4 81 3 79 4 81 4 331 19 251 Commission Memorandum - RFP-42-06/07 September 5, 2007 Page 4 of 7 (#'s 1 #'s 2 #'s 3 #'s 4 ISI WATER COMPANY d/b/a WATER COMPANY OF AMERICA 3 2 - - METER READING SPECIALISTS, INC d/b/a REVENUE ENHANCEMENT SERVICES 2 3 - - WATER SYSTEM 4 ,~ OPTIMIZATION - UTILITY REVENUE - ,~ 4 MANAGEMENT RANKING ORDER 1. ISI WATER COMPANY d/b/a WATER COMPANY OF AMERICA 2. METER READING SPECIALISTS, INC d/b/a REVENUE ENHANCEMENT SERVICES 3. WATER SYSTEMS OPTIMIZATION, INC 4. UTILITY REVENUE MANAGEMENT COMPANY, INC Background of the two top-ranked proposers foNows: Meter Readins~ Specialist Inc d/b/a Revenue Enhancement Services Meter Reading Specialist, Inc d!b/a Revenue Enhancement Services has been in the utility contracting business for over 30 years. Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services has developed a revenue enhancement program to assist cities and other governmental agencies in reducing the enormous loss in revenue resulting from unbilled water and sewer service fees. The program is designed to maximize the utility's revenue potential without increasing expenditures or affecting the operation budget of the utility. Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services currently is reading approximately 2 million meters annually throughout Louisiana and Mississippi. Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services also contracted with municipalities to operate and manage theirwater and gas departments. The scope includes meter readings, customer service, billing and collection and metering maintenance and validity. Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services' working experience has provided a tremendous insight into the importance of obtaining and maintaining an acceptable un-accountable water loss ration and accounting for every service provided. Revenue Enhancement Services was established to assist municipalities and utility authorities in achieving this important goal. David Livingston manages Revenue Enhancement Services and has over 15 years of experience managing revenue contracts including cities of New Orleans, LA; Atlanta, GA; and Nashville, TN. His staff has over 40 years of experience locating, documenting, recovering and tracking lost revenues. The direct involvement in managing utilities has provided Revenue Enhancement Services with unique opportunities in the development of the operational and administrative procedures utilized in their program. The program proposed by Revenue Enhancement Services is designed to assist the Utility 252 Commission Memorandum - RFP-42-0&/07 September 5, 2007 Page 5 of 7 or Agency in many areas that are not influenced by just dollars. Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services is teamed with CUSI (Continental Utility Solutions, Inc) to provide custom software needs. In addition, the team also includes AMR Specialists, which will assist in evaluation and recommending installation on specific account/areas where warranted. In addition, as a former Dale Carnegie instructor, the owner and vice-president of Meter Reading Specialist, Joe Carpenter, personally provides training to each employee in order to each every employee what to do and how to conduct themselves within the Agency. Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services will identify and analyze the causes of revenue loss from unbilled water and sewer usage such as: -Meter inaccuracy -Service theft, including unauthorized bypasses -Billing related inconsistencies -Sewer service related problems -Meter reading inconsistencies -Active, but unbilled customer accounts -Un-metered fire lines The program consists of six (6) components: -Mobilization -Administration (Review and Audit) -Operations (Field Investigation) -Corrective Action/Financial Reporting -Final Report -Training Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services has successfully conducted or in the process or conducting projects for the following agencies: -Ward II Water District, LA (since 1980 to present') -City of Hammond, LA -City of Scott, LA -Town of Byhalia, MS (since 2007) -City of Denham Springs, LA (2007) -East Central Vernon Water System, LA -Bellingrath Water, LA -City of Biloxi, MS -City of Franklinton, LA -Town of Abita Springs, LA -Rogue Lusa Water Works, LA -City of Breaux Bridge, LA -City of Walker, LA -City of Mandeville, LA (since 2006 to present) Cost Proposal: Meter Reading Specialists, Inc. to receive 40% of all increased revenue for a period of 36 months. ISI Water Comaanv ISI Water Company provide services to governmental entities on many levels in order to meet the maintenance, repair, and consulting needs of our nation's aging infrastructure 253 Commfssion Memorandum - RFP-42-06/07 Septem6e~ 5, 2007 Page 6 of 7 system. Headquartered in Houston, Texas, ISI has established a reputation for meeting the diverse and changing needs of government with a wide range of services. The Municipal Consulting work to identify unbilled and/or misbilled service is marketed nationally under the name of Water Company of America ("WCA"). This name has been used since 1989, and because of national name recognition and existing contracts, ISI Water Company continues to market the services as Water Company of America. "Water Company of America" is registered with the State of Florida. WCA examines a utility's customer billing database of information and aspects of utility usage in the field with the objective of identifying the causes of and remedies for inaccuracies and deficiencies in each of the various utility processes that can potentially contribute to inaccurate billings of water, wastewater, stormwater and solid waste. WCA specializes in working cooperatively with City staff to locate, assess and correct the conditions that cause lost revenue. WCA has the equipment, manpower, and expertise, including proprietary analytical software and sophisticated non-intrusive flow metering technology, to research systems of all sizes for revenue losses. WCA can positively impact the City budget without increasing manpower requirements, overtime, or rates. WCA has a history of successful collaboration with municipal departments and is confident that it can stop the billing leaks that are silently draining revenues from the City. WCA's program is conceptually straightforward and has proven to be effective based on extensive South Florida as well as national contract experience. This experience base equips WCA to offer the most effective, proven method of enhancing revenue. Each month, the utility delivers millions of gallons of water to its end users or customers. The utility's retail billing meters record consumption and determine water and sewer billings. The difference between the actual services provided and the amount billed, or accounted for, represents unbilled or misbilled service. This program targets this variance and produces increased revenue for discretionary use by the City. In other words, this is found or new revenue that will have a positive impact on the budget. WCA locates this unaccounted-forwaterthrough a proprietary analysis technique and subsequent physical investigation. Once discrepancies are located, changes are made to the utility's billing system and/or physical metering system to produce new revenues. WCA provides a turnkey service that includes technical expertise, proprietary computer software, trained field personnel, state of the art flow-meter technology and even replacement meters if necessary. WCA can discover and help the revenue billings that are rightfully the utility's, and it can do the whole job as an independent contractor without disrupting normal service or daily operations and with negligible requirement of utility staff time. Alf procedures and standards utilized by WCA have been developed through eighteen years of experience. WCA's revenue enhancement program is offered on a performance fee basis to the City. WCA will bear all the cost of program implementation. The utility will never be required to reimburse W CA for any of its working capital expenditures, including professional staff, software, or the extensive resources required forfield research. WCA will be paid only a share of any new-found collected revenue generated by this program. No other forms of payment are required. WCA has successfully conducted or in the process or conducting projects for the following Florida governments: -1995 /Miami Dade Water and Sewer Authority Department 254 Commission Memorandum - RFP-42-06/07 September 5, 2007 Page 7 of 7 -1997/ City of Homestead -1997/ City of North Miami -1999/ City of Coral Gables -2000/ City of Ft. Lauderdale -2001/ City of Hollywood -2002/ Orlando Utilities Commission -2003/ City of Hallandale Beach -2004/ Polk County Florida -2006/ City of Orlando -2007/ City of Bartow Cost Proposal: ISI Water Company to receive 55% of all increased revenue for a term of 36 months. CITY MANAGER'S REVIEW The City Manager after exercising his due diligence by reviewing the proposals submitted by ISI Water Company d/b/a Water Company of America and Meter Reading Specialist,. Inc d/b/a Revenue Enhancement Services and the Evaluation Committee final scores concluded that: 1. Both firms are equally competent and qualified to perform the services required for this project. 2. There is a minimal difference in the total final scores. 3. Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services proposed the better cost sharing plan. Meter Reading Specalist, Inc d/b/a Revenue Enhancement Services proposed a 60% cost revenue sharing percentage to the Ciiy compared to the 45% cost revenue sharing percentage to the City proposed by ISI Water Company d/b/a Water Company of America. Based on estimated collected revenue of $500,000 that could be generated by this program, the 15°~ difference between the Meter Reading Specialist, Inc d/b!a Revenue Enhancement Services and ISI Water Company d/b/a Water Company of America could signify $ 75,000. Therefore, it is in the best economical interest to the City to accept Meter Reading Specialist, Inc dib/a Revenue Enhancement Services as first ranked proposer. Based on his review of the documentation and the above findings, the City Manager recommends Meter Reading Specialist, Inc d/b/a Revenue Enhancement Services, as the top-ranked proposer. CONCLUSION A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida accepting the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Proposals (RFP) No. 42-06/07, for Water, Sewer, and Stormwater utility for Un-read, Mis-read, and Un-metered Services; Authorizing the Administration to enter into negotiations with the top-ranked proposer, Meter Reading Specialist, Inc d/b/a Revenue EnhancementServices; and should the Administration not be successful in negotiating an Agreement with thetop-ranked proposers, authorizing negotiations with the second-ranked proposer, ISI Water Company d/b/a Water Company of America; and further Authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiation by the Administration. T:WGENDA1200Tsep050TConsentlRFP-42-06-07 Water & Sewer Silting Services -Memo.doc 255 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 42- 06/07, FOR THE REVIEW OF WATER, SEWER, AND STORMWATER UTILITY FOR UN-READ, MIS-READ, AND UN-METERED SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP-RANKED PROPOSER, METER READING SPECIALISTS, INC d/b/a REVENUE ENHANCEMENT SERVICES; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND-RANKED PROPOSER, ISI WATER COMPANY dlb/a WATER COMPANY OF AMERICA; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Proposals No. 42-06/07 for The Review of Water, Sewer, and Stormwater utility for Un-Read, Mis-Read, and Un-Metered Services was issued on May 21, 2007, with an opening date of June 25, 2007(the RFP); and WHEREAS, the RFP requested proposals to select a qualified firm to provide specialized service to assist the City in minimizing un-read, mis-read, and un-metered service while examining the utility billing database, distribution system, operations and practices for the metering of water consumption, billings, collections, and revenue reporting functions; and WHEREAS, apre-proposal conference to provide information to proposers submitting a response was held on June 4, 2007; and WHEREAS, BidNet issued bid notices to 65 prospective proposers, RFP Depot issued bid notices to 52 prospective porposers, and 34 proposers were notified via mail, a-mail, and fax circulation, which resulted in the receipt of our (4) proposals; and WHEREAS, the City Manager, via Letter to Commission (LTC) No. No. 169-2007, appointed an Evaluation Committee ("the Committee") consisting of the following individuals: • Elie Fakie, Capita! Projects Coordinator, Public Works Department; • Raul Soria, Revenue Manager, Finance Department; • Eric Lawrence, Resident and Graduate of the Leadership Academy; • Jim Sutter, Internal Auditor, Internal Audit Department; • James Cuny, Resident and Graduate of the Leadership Academy, and WHEREAS, on August 15 2007, the Committee convened to rank the proposers; and WHEREAS, the Committee members were provided with general information on the scope of services, Performance Evaluation Surveys, and presentation from all i:trms being evaluated; and WHEREAS, the Committee discussed their individual perceptions of the proposers' qualifications, experience, and competence, and ranked the firms being evaluated accordingly; and WHEREAS, a motion was presented by James Sutter, seconded by Eric Lawrence, and unanimously approved by all Committee members for ranking (1) ISI Water Company d/b/a Water Company of America as the top-ranked proposer, (2) Meter Reading Specialists, Inc dlb/a Revenue Enhancement Services, (3) Water System Optimization, Inc, and (4) Utility Revenue Management Company, Inc.; and 256 WHEREAS, the City Manager has reviewed the Committee's recommendation and after exercising his due diligence by reviewing the proposals recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with the top-ranked proposer, Meter Reading Specialists, Inc, d/b/a Revenue Enhancement Services, and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorize negotiations with the second-ranked proposer, ISI, Water Company d/b/a Water Company of America. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accepts the recommendation of the City Manger pertaining to the ranking of firms pursuant to Request for Proposals (RFP) No. 42-06/07, for the Review of Water, Sewer, and Stormwater Utility Un-Read, Mis-Read, and Un-Metered Services; and hereby authorize the Administration to enter into negotiations with the top-ranked proposer, Meter Reading Specialists, Inc, d/b/a Revenue Enhancement Services; and should the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorize negotiations with the second-ranked proposer, iSl Water Company d/b/a Water Company of America; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiation by the Administration. PASSED AND ADOPTED THIS DAY OF 2007. ATTEST: CITY CLERK MAYOR T:IAGENDA12007~sep05071ConsentlRFP-42-06-07 Water & Severer Billing Services - Resolution.doc 257 APPROVED AS TO FORM & LANGUAGE m MIAMIBEACH City of Miomi Beach, 1700 Convention ~,eoie~ Drive., M,iani Bench, rioridu 331 39, www.mi~:amibeochfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786.394-4002 May 1, 2007 RE: ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) NO. 42-06/Q7 FOR THE REVIEW OF WATER, SEWER, AND STORMWATER UTILITY FOR UN-BILLED AND MIS-BILLED SERVICES fn response to questions and requests for additional information received by prospective Proposers and the Administration's additional review of the requirements set forth in the RFP, the RFP is hereby amended as follow: This contract shall commence the day specified in the contract as a result of negotiations, and remain in effect for a period of two (2) years. The City of Miami Beach has the option to renew the contract at its sole discretion for an additional three (3) year period on a year-to-year basis. Renewal of the contract is a City of Miami Beach Prerogative- not a right of the group or individual. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. In the event that the contract is held over beyond the term herein provided it shall only be from amonth-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. Option to Renew /Adjustment to Contract Amount: In the event the City of Miami Beach exercises its option to renew beyond the initial three (3) year contract, the contract prices and any other terms the City may choose to negotiate, will be reconsidered for adjustment prior to renewal due to increases or decreases in labor costs; but in no event will the prices be increased or decreased by a percentage greater than the percentage change reflected in the Consumer Price Index -All Urban Areas (CPI-U) as published by the U.S. Department of Labor. The City of Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to terminate and re-advertise for bids, whichever is in the best interest of the City. II. Section III, on pages 13 and 14, is revised (words added are denoted by an underscore; words deleted are denoted by a stfilEet#feug#) to read as follows: Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Proposers must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non- responsive. The City will not accept fee/cost, revenue sharing or methodoloav and approach information after deadline for receipt of proposal. RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #1 6/1/2007 Page 1 oft 1. Table of Contents: Outline in sequential order the major areas of the proposal, .including enclosures. All pages must be consecutively numbered and correspcnd to the table of contents. ~~-fT jy~ 2. Introduction letter outlining the proposer's professional specialization, provide past experience to support the qualifications of the submitter. Interested Proposers shall submit documents that provide evidence as to the capability to provide and implement the wide area network communications services as outlined in this RFP. 3. Proposers must provide documentation which demonstrates their ability to satisfy all of the minimum requirements detailed in this RFP. 4. References: List at least five client references, to include contact name, title, company, address, telephone number, a-mail address, fax number. 5. Qualifications of Proposer: Outline in detail the experience and qualifications of the business, and individual members of the business assigned to this project, in accomplishing similar services. 6. Past Performance Client Survey Information: Past pertormance information will be collected on all proposers. Proposers are required to identify and submit their best projects. Proposers will be required to send out Performance Evaluation Surveys to each of their clients. Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 38 and 39, and request that your client submit the completed survey to Maria Estevez, at (Fax) 786-394-4002 or (e-mail) mariaestevez(a~miamibeachfl.gov; and a copy to Gus Lopez, at (Fax) 786-394- 4007 or (e-mail) guslopezi~miamibeachfl.gov .Please understand that the Citv will not accept Client Survevs beins~ sent to Procurement from the office of the proposer. Survevs must be sent to Procurement directly from your client's office(s). Proposers are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. 7. Methodology and Approach Please provide your firm's methodology and approach to this project. Identify suspect areas of difficulties and provide your solutions though your methods and approach. Identify all project milestones and discuss each phase of the project from inception to final completion of services. RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #1 6J~/2007 Page 2 of 3 8. Costs to the City: Provide a proposed revenue sharing program. 9. Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms. 10. Any other Documents Required by this RFP. III. Questions and Answers Question #1: Do you want this bid submitted by hard copy only or can we do it electronically? Response #1: The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposer's name, address, telephone number, RFP number and title, and due date. No facsimile, electronic, or a-mail responses will be considered. IV. APre-Proposal Submission Meeting is scheduled for June 4, 2007, at 10:00 A.M. at the following address: City of Miami Beach City Hall -Fourth Floor 1700 Convention Center Drive City Manager's Large Conference Room Miami Beach, Florida 33139 Attendance (in person or via telephone) to this Pre-Proposal submission meeting is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the pre-Proposal submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Proposers who are interested in participating via telephone, please send an a-mail to mariaestevez cLDmiamibeachfl.gov expressing your intent to participate via telephone at least one business day in advance of the meeting. Proposers are reminded to please acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #1 6/1/2007 Page 3 of 3 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Ivtiiomi Beod~, ; loridc :531 ~9, www.rniom~beaehN,gov PROCUREMENT DIVISION Tel: 305673-7490 Fax: 786-394-4002 May 7, 2007 RE: ADDENDUM N0.2 TO REQUEST FOR PROPOSALS (RFP) NO. 42-06/07 FOR THE REVIEW OF WATER, SEWER, AND STORMWATER UTILITY FOR UN-BILLED AND MIS-BILLED SERVICES In response to questions and requests for additional information received by prospective Proposers during the Pre-Proposal meeting i~s.~ia u;~ Miay 4, 2007, ,..~~ '.'.;:r~ ~d;ninistration's acditi~~~ui r>;~isw of i.ile requirements set farih in th? RFP, the RFP is hereby amp^ded as , n-' ~ a ,:lr,_ ,., li4v tJ..~.l rtr.,,.-~d \'V... 1. ~ -b."!'. ,.'8wf, ,trJt., ... SiQrh~.,_,_. !!. ?-hA Pre-Prcn~sal ~;,f~~nissi~an Fb~.aeting a~„ ~ - ~ ;~ a}..~,.~:i-1~~! as ~~;rt of this addendum. III. The City Ordinances are attached as part of this aidendum. IV. The meter population is approximately 12,900. V. The firm shall coordinate the implementation and execution of the corrective action however; the Finance Department will perform the corrective action, when necessary. VI. The estimated $750,000 gross revenue, was based on the number of meters located throughout the City and based on discussion with a firm who specializes in mis-billed and un-billed services. Proposers are reminded to please acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. CITY ~'F~iAy+(15111 BEACH RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 1 oft ~ r,~~{AMIBEACH C'lTY ~I~ ?~tiA1~~tT nF.~,CTi PRIG:-Plt~)P():~1~L SiJI3MI~S1(3N Mti°l'IN(, DATE: June 4, ?007 RFP Nn.: RFP-42-06%U7 TITLE: FOR THIr R)LV1ElV OP WATER, SERVER, AI~U STORMWATER UTILITY h~DR UN-HtLLED AND MIS-ATI.LED SERYICF.S NAME IPLBn9~ PRIN-t') C+UMPANY NAME - E-MAIL AI?DRESS PHONE# )rAX11 Maria Estevez CMB -• ProcurcmcKtt Division 305-673-7490 305-673-785 I mestev a)miamibeachfl. ov Gtot>frey T. Dahill Autoscribc Corporation ~dahi~autascribe.co~n 240-361-1613 301-9$7-0730 on ~Gy 1 e ~ . ~ c ~ u~C- ~ -~r - ~3~ - Gig - 232 - ~- ~ 3 1~ ~ <~cl G ~}} 1-Ld ~_y.~~ SI~.~.__ __ _'~'_1~.G1~.1.1~. mi o'~ 2 ~ ! - 6 y~ ti~~°~ 5~r ~ - 8~ ~°~ ~ , ao; '~ ~ ~~ ~~-g39~~f~1 i a- ~~~-~~'~ a ~ ~ m~~ti ~i'~(IG/~'r`E~.~~}fllln)G ~ ~i) rf ~ cal . , /' •c ~ .:, ~ ,i' %~s~J - v~~ 7 a73~ Z - Cr•fo 7- ~~.JcF Su,21 ' ?.~~ ~ . f ~ ~ ~ ~Yo~3~19 allG ~A6~3- ' ,y luR-V/~7i - BSI ...- i RFP-42-Uti-U7 RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 2 of 12 ~~~n~~~~~c~ (::1'1'Y t1F' MIAMI tiEAC'H PRE-1'Rt~)I'C~SAI.. S[i13M1"I'TIUN IViF..ETL'~1G SItN-iN SNEET NAME (PI.EA3E PRfNT) COMPANY t:AME - E-titAlL ADDRESS PHONE# FAJi't ~A ~ ~ TQft,vs'o N Ga~-r~ S yt7~o~, s v~'Ti~i , 2~ Gt's- . vc , so n.s~~ ~e.so. vs G~f-B~ir Ciw 83f -</7a AA ~ a~r- ~. W ~ r! A..~.i D~ ~ U~iJ ~Z v/ £~'Aa tai '~ ~ .~Od=GCf-d~~'~1 3a+f bd !-~~ !J 1 -~`~' ~~ ~ 41 ~~ ~ f % ~ /.' a!Shr r~S'~ t+i [ [i~r7r ~r C L, ~„ ::, ~/r; )1 f1.i' ~C~7-.~ ~ [~I?7 ~ 1 f ~Z _ _... _. ~__..~ ___ _-~ _... ... _.~_-.__ _...~ ....._ ._... 1 ~_ -'..._._J RFY-4Z-OG-07 RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 3 of 12 URDINANCE NO. 2006-3538 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENUINU APPENDIX A OF THE CITY CODE, ENTITLED "FEF. SCHEDULE," BY AMENDING THE FEE SCHEDULES FOR SECTION 110-166 ENTITLED "SCHEDULE OF WATER RATES AND TAPPING CHARGES" BY AMENDING SUBSECTIONS (a) AND (b) THEREOF AND BY AMENDING THE FEE SCHEDULES FOR SECTION 110-168 ENTITLED "SANITARY SEWER CHARGE," OF DIVISION 2, ENTITLED "RATES, FEES, AND CHARGES," OR ARTICLE IV ENTITLED, "FEES, CHARGES, RATES AND BILLING PROCEDURE," OF CHAPTER 110 ENTITLED "UTILITIES," [N ORDER TO INCREASE THE MINIMUM MONTHLY SERVICE CHARGE IMPOSED BY THE CITY; ADJUSTING THE SCHEDULE OF RATES FOR THE MINIMUM MONTHLY WATER SERVICE CHARGE; AND INCREASING THE SANITARY SEWER SERVICE CHARGE IMPOSED BY THE CITY; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFEC'CIVE DATE. WHEREAS, the Soard of County Commissioners for Miami-Dade County adopted wastewater and water rate adjustments for the fiscal year 2005/2006 which will have an impact on the rates charged by the City in fiscal yeaz 2006/2007; and WHEREAS, the schedule of rate increases provided herein provides for the increase in wholesale rates to be charged to the City by the County and the payment of principal and interest for the Series 2000 Water and Sewer Revenue Bonds and the 2006 Gulf Breeze loan; and WHEREAS, the rate increase provided herein includes the increase adopted by the Miami-Dade Board of County Commissioners for water and wastewater; and WHEREAS, the rate increases provided herein also include payment of the County's Department of Environmental Resources Management fcc. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR ANU CITY CUMMISSIUN OF THE CITY OF MIAMI BEACI[, FLORIDA, as tbllows: SECTION l: That Appendix A to Article IV, Division 2, of Chapter 110 of the Miami Beach City Codc is hereby amended as follows: RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 4 of 12 API'IrNDIX A - PEfi SCEIEDULE Section this Code Description Chapter 110. Utilities Amount Article IY, Fees, Charges, Rates and Billirg Procedure Division 2. Rates, Fees and Charges 11 D-166 (a) Minimum service charge Size o Gallons of Water Minimum Monthly Meter Per month Service Charge e ective for billings on or der October 1. 2006) '/," 5,000 13.95 1" 7.000 19.53 1.5" 1 l .00Q 30.69 2" 17.000 47.43 ~" 40,000 111.60 4" 80,000 223.20 6" 120,000 334.80 8" 200.000 558.00 Section this Code Description 110-166(b) Water in excess of subsection 110-166(a), shall be as follows: $2.21 per 1,000 gallons, effective with billings on or after October 1, 2000; $2.26 per 1,000 gallons, effective with billings on or after October I, 2001; $2.31 per 1,000 gallons, effective with billings on or after October 1, 2002; $2.44 per 1,000 gallons, effective with billings on or after October 1, 2003; $2.49 per 1,000 gallons, effective with billings on or after October 1, 2004; a~ $2.54 per 1,000 gallons, effective with billings on or after October 1, 2005-; and 52.79 ver 1.000 gallons effective with billing`s sn or after October f , 2006. 2 RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 5 of 12 Section this Code 110-168(a) Sanitary sewer service charge, shall be as follows: $3.73 per 1,000 gallons, effective with billings on or after October 1, 2000; $3.81 per 1,000 gallons, cffective with billings on or after October 1, 2001; $3.90 pcr 1,000 gallons, effective with billings on or after October 1, 2002; $4.03 per 7,000 gallons, effective with billings on or after October 1, 2003; $4.12 per 1,000 gallons, effective with billings on or after October I, 2004; a~ $4.21 per 1,000 gallons, effective with billings on or after October 1, 2005 ;and $4.25 ner 1 000 gallons, effective with billings on or after October 1 2006. SECTION 2. CODIFICATION It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall became and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accompiish such intention, and the word "ordinance" may be changed to "section", "article" or other appropriate word. SECTION 3. REPEALER All ordinances or parts of ordinances in conflict herewith are and the same are hereby repealed. SECTION 4. SEVERABII.ITY If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity or constitutionality of the remaining portions of this Ordinance. RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 6 of 12 SECTION 5. EFFECTIVE DATE This Ordinance shalt take effect on the t s` dzy of Uctober , 2006. PASSED and ADOPTED this 11th day of October , 2006 ATTEST: 'U~1.4 ~~,~1,i~4.w ~ CITY CLERK Robert Percher APPROVED AS TO FORM & LANGUAGE & FO ECUT'ION 10 to ~4 ~Mr T:1AOENDA~Z0o6Wp06081ReyulalR~te OniinsneelttRdy.GOc RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 7 of 12 David Dermer r nneivnantl Tittsa• An ordinance amending the City of tNiart i Beams City Code Chapter 110, entitled "Utilities" amending Article tV, entitled "Peas, Charges, Rates, and Bitting Procedures Division 2. Rates ,Fees and Charges" to increase the water supply service charge imposed by the Gity; adjusting the schedule of rates for minimum monthly water service charge imposed by the City; i increasing the sanitary sewer service charge imposed by the city; providing for codification, repealer, severability and an effective date. Kev Intended Outcome Supported: Shall the City amend the City Code increasing the water and sewer rates? Item Summa /Recommendation: Late in 2005 Miami-Dade County proposed a water and sewer rate increase totaling $5.2 Million for the City of Miami Beach. With the support of the City Commission, City Staff objected to the rate increase worked with Miami-0ade County to seek an improved method of determining cost and rate structures. As a result of our objection and review, the County provided an amended rate increase which raised the wholesale water rate from $0.85 per thousand gallons to $1.10 per thousand gallons. The annual cost increase cost to the city is an estimated $1, 795,100. The County raised the average wholesale wastewater treatment rate from $1.70 per thousand gallons to $1.74 per thousand gallons, or approximately 2.4 percent. The annual increased cost to the City for wastewater treatment is estimated to be $712,969 or a total combined increase of $2.5 million. The City will absorb the increase of water and sewer rates for FY2005/2006. The rate increase estimated to tie $2,508,069 will be absorbed by the General Fund over a period of two years. The FY2005/2006 water and sewer rate increases will not be passed on to Miami Beach residents. The City Commission, at its September 6, 2007 meeting, opposed the approval of FY2006/07 water and sewer rates proposed by Miami-Dade County. At the request of the City Commission, Commissioner Bower attended the Miami-Dade Board of County Commissioners meeting of September 7, 2006 to express the City's concerns about the not fulty justified rate increases for FY 2005!06 and FY 2006/07. The Administration is re-submitting the ordinance, for second reading, increasing City of Miami Beach water and sewer rates by 4.75% to allow passing through the increase in Miamf-Dade County wholesale water and sewer rates that was implemented by the County in FY 2005/06. Should the City Commisslon approve the rate ordinance on second reading on October 11, it would provide sufficient time to implement the rate increase effective for the entire Fiscal Year. In the event the ordinance is not approved by the City Commission, for every month of delay, the impact to the City would be approximately $200,000. I Administration recommends adopting the Ordinance amendment. I Advisory Bosrd Recommendation: Source of Amount Accc Funds: ~ $ 712,969.00 425 8000 34351 2 ~ $1, 795,100.00 425 8000 34331 3 -- - - 4 - - OBPI Total $2,508,069.00 i tv Clerk's Office Letaislative Trackinsr: Si n-Offs• Department Di or Assistant Ci anager City Manager JMG 6 MIAN11 BEACH AGENDA ITEM ~~ DATE ~~ l~-+t7~/ RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 8 of 12 ~ MIAMI BEACH Ciy of Miaml Bsach, 1700 Convention Center Drive, Miami Beoch, Florida 33139, www.miomibeachN.gov COMMISSION MEMORANDGNI To: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager . ~^+'~ DATE: October 11, 2006 C SECOND READING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPENDIX A OF THE CITY CODE, ENTITLED "FEE SCHEDULE," BY AMENDING THE FEE SCHEDULES FOR SECTION 110.166 ENTITLED "SCHEDULE OF WATER RATES AND TAPPING CHARGES" BY AMENDING SUBSECTIONS (a) AND (b) THEREOF AND BY AMENDING THE FEE SCHEDULES FOR SECTION 110-168 ENTITLED "SANITARY SEWER CHARGE " OF DIVISION 2, ENTITLED "RATES, FEES, AND CHARGES," OF ARTICLE N ENTITLED, "FEES, CHARGES, RATES AND BILLING PROCEDURE," OF CHAPTER 110 ENTITLED "UTILITIES," IN ORDER TO INCREASE THE MINIMUM MONTHLY SERVICE CHARGE IMPOSED BY THE CITY; ADJUSTING THE SCHEDULE OF RATES FOR THE MINIMUM MONTHLY WATER SERVICE CHARGE; AND INCREASING THE SANITARY SEWER SERVICE CHARGE IMPOSED BY THE CITY; PROVIDING FOR CODIFICATION. REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Approve the Ordinance on the Second Reading Public Hearing. ANALYSIS The rates for water supply and sanitary sewer services consist of apass-through of the wholesale rate the City pays to the Miami-Dade Water and Sewer Department (WASD) for the purchase of potable water and treatment of sewage; debt service for the Series 2000 Water and Sewer Revenue bonds and the 2006 Gulf Breeze loan; operating and maintenance costs for the water and sewer utility; and a 7.59'o fee paid to the Miami-Dade County Environmental Resource Management Department (DERM). On August 23, 2005, two weeks before the City's first budget hearing for fiscal year 2005/06, the City Administration received notice from Miami-Dade County of a proposed increase to the wholesale water and sewer rates charged to municipalities. As such the City had very little time to fully evaluate the proposed rate increases, and impact of approximately 55.2 million to the Clty of Miami Beach. Staff, with the support of the City Commission, objected to the rate as bein8 unsupported. Through meetings with Miami-0ade County Water and Sewer Department (WASD) the rate increases were reduced to a revised estimated amount of 52,508,069, a reduction of approximately fifty percent (5096) RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11 /2007 Page 9 of 12 The lower raie increase far fiscal year October 20C5-September 2006 and deferred payment plan through September 2007 were approved by the Miami-Dade County BCC on Marsh 21, 2006 vr~ith the understanding that final rates for FY2005/06 and FY2006/07 and projected future rates would !se determined by an independent rate consultant. The rate increase raised the wholesale water rate from $0.85 per thousand gallons to $1.10 per thousand gallons. This reflects an increase in the wholesale water rate of $0.25 per thousand gallons. The annual cost increase to the City for wholesale water is an estimated $1,795,100. The rate increase raised the average wholesale wastewater treatment rate from $1.70 per thousand gallons to $1.74 per thousand gallons. This reflects an increase to the average wholesale rate of $0.04 per thousand gallons. The annual cost increase to the City for wastewater treatment is an estimated $712,969. The City will absorb the increase of water and sewer rates for FY2005/06. The rate increase estimated to be $2,508,069 will be absorbed by the General Fund over a period of two years. The FY2005/06 water and sewer rate increases will not be passed on to Miami Beach residents. On July 5, 2006, WASD provided the results of an independent consultant reviewing addiGanal wholesale water and sewer rate adjustments. The consultant has recommended no additional adjustments of wholesale water and sewer rates far FY2006l07. The County Administration has recommended to the Miami-Dade Board of County Commissioners that the FY2006/07 rates remain the same as the rates for FY2005/06. Had the City not been involved with the process, it can be expected that the County would have further increased rates in fiscal year 2006107 by CPI, as originally proposed. The FY2006/07 water and sewer rate increases are proposed to be charged to Miami Beach customers effective October 1, 2006. The combined water and sewer $0.29 cents pass-through will add an additional $3.17, or about 4.75%, per month to a typical Miami Beach family residential bill. The City Commission, at its September 6, 2006, meeting opposed the approval of FY2006/07 water and sewer rates proposed by Miami-Dade County. At the request of the City Commission, Commissioner Bower attended the Miami-Dade Board of County Commissioners meeting of September 7, 2006 to express the Citys concerns about the not fully justified rate increases for FY 2005/06 and FY 2006/07. Commissioner Bower on behalf of City of Miami Beach Commission also requested that Miami-Dade Board of County Commissioners, just as they did in September 2005, re- instate FY 2004105 rate levels until a proper justification is provided to the munidpalities. She also requested that ff the Miami-Dade Board of County Commissioners decides to approve the ordinance maintaining the rates for FY 2006/07 at FY 2005/06 levels that Miami-Dade County Administration send a senior representative to the City of Miami Beach Commission meeting on September 21, 2006 to explain the water and wastewater rate increases and to show how wholesale revenues received from municipalities are spent by Miami-Dade County Water and Sewer Department. A letter was also sent from the City to the County requesting that a representative attend the City of Miami Beach Commission meeting do September2l, 2006 for the same purpose. Miami-Dade Assistant County Manager Roger Carlton attended the Commission meeting on September 21, 2006 and presented an overview of the County's process that led to the increase in water and sewer wholesale rates in FY05/06. Further, he presented the ongoing issues that would likely lead the County to consider and/or recommend further rate increases in the future to meet the operating and capital construction needs of the County. He promised to maintain the dialogue that was critical to addressing the poor communication that characterized the beginning of the County rate-setting process. 2 RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 10 of 12 The Administration is re-submitting the ordinance, for second reading, increasing City of Miami Beach water and sewer rates by 4.75% to allow passing through the increase in Miami-Dade County wholesale water and sewer rates that was implemented by the County in FY 2005/06. Should the City Commission approve the rate ordinance on second reading on October 11, it would provide sufficient time to implement the rate increase effective for the entire Fiscal Year. • In the event the ordinance is not approved by the City Commission, far every month of delay, the impact to the Citywould be approximately $200,000 for a cumulative impact of $2.5 million for the entire year. CONCLUSION The Citys Water and Sewer Enterprise Funds do not have the capacity to support the $2.5 million FY2006/07 water and sewer rate increases. Therefore the Administration recommends the water and sewer rate increases be passed through to the end users. T:Wf3ENOAtZ009bctt 1081RSpttliAUdlity Rate Ordinenoe Mann YiWROp.dOC 3 RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 11 of 12 MlAMlBEACH CITY OF MIAMf REACH rT NOTICE OF A PUBLIC HEARING ~' NOTICE IS HEREBY given chat a public hearing will be held bg the City Commission of tt-e City of Miami Beach, in the Commission Chambers, 3rd floor, City Nall, 1700 Convention Center Drive, ~' Miami Beach, Florida, on Wednesday, Ocbber 11.2006 at 10:16 s.m., regarding A Ordinance Amending Appendix A Of The City Code, Enttled `Fee Schedule," By Amending The Fee Schedules m ' For Section 110-iS6 Enttled "Schedule Of Water Rates Md Tapping Charges" By Amending Subs~tions UU And (B)~ThereM And By Amending The fee Schedules For Sec1~n t 10-168 Entitled ~ `Sanitary Sewer Charge," Of Division 2, Entitled "Rates, Fees, And Charges," Of Article iv Entitled, 'Fees, Charges, Rates And Biiling Procedure," Of Chapter 110 Entitled 'Utllitles,'In Order To a' Increase The Minimum Monthly Service Charge imposed By The City; Adjuatlng The Schedule Of i Rates For The Minimum Monthry Water Serve Charge; And Increasing The Sanitary Sewer Service ~ Charge Imposed By The City. INQWRIES may be directed to the Public Works Department at (305) 673-7080. ~;, i INTFJtESTED PARTIES are Invited t0 appear at this meeting, a be represeritsd by an agent, or to express their views in writing addressed to the City Commisson, c1o the City Clerk, 1700 Cornentlon Center Drive, 1st Fkror, City HaU, Miami Beach, Honda 33139. This meeting ~ . ~ may be opened and continued and, under such circumstances addltlorral legal notice would not be provided. Robert E. Percher 1 qty 0 Mf iami Beach ~ g Pursuant to Section 286.0105, Fla. Stet., the City hereby advises ttre public that: tl a person decides _ to appeal any decision made by the City Commission with respect to any matter considered at tis meeting or Its hearing, such person must ensure that a verbatim record of the proceedings .s ~ ' made, which record inGudes the testimony and evidence upon which the appeal is to be based. This none does not corutitute consent by the City for the Introduction a admission of othervise inadmissible or irrelevant evidence, nor does It authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language Interpreters, information on acces< far persons with disabNitles, and/or any accommodation to review any document or participate in ~:~, city-sponsored proceeding, please contact (305) 604-2489 (vdce), (305) 673-7218 (TTY) five v~ in advance to initiate your reques#. TTY users may also can 711 (Florida Relay Service). (Ad #1393) RFP No. 42-06/07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Addendum #2 6/11/2007 Page 12 of 12 Revenue Enhancement Services Meter Reading Specialists, Inc. D.B.A. Revenue Enhancement Services RFP 42-06/07 FOR WATER, SEWER, AND STORMWATER UTILITY FOR UN-BILLED AND MIS-BILLED SERVICES CLOSING DATE Tuesday, June 25, 2007 RFP r 42-otro7 Page 1 of 40 Review of Water, Sewer , & Stormwater Utility ~O~ ~• ~~ for Un-billed and Mis-billed Servkes Revenue Enhancement Services TABLE OF CONTENTS EXECUTIVE SUMMARY .....................................................................................3 BACKGROUND, EXPERIENCE, AND CAPABILITIES ................................. 4 BACKGROiJND AND CONTRACTOR PROFII,E .............................................................................................4 PROJECT TEAM ..........................................................................................................................................5 Travis Carpenter ................................................................................................................................... S David Livingston ...................................................................................................................................6 Thomas J. Kilgore .................................................................................................................................8 Key Personnel .....................................................................................................................................10 REFERENCES - DAVID LIVINGSTON ........................................................................................................11 TECHNICAL APPROACH .................................................................................13 NEEDS ANALYSIS .....................................................................................................................................13 PROJECT MANAGEMENT .........................................................................................................................14 1. Mobilization ...............................................................................................................................14 2. Administrative (Review & Audit) ..........................................................................:...................1 S 3. Operations (Field Investigations) .............................................................................................1 S 4. Corrective Action/Financial Reporting ....................................................................................16 S. Final Report ..............................................................................................................................17 6. Training .....................................................................................................................................17 COST PROPOSAL ...............................................................................................18 INSURANCE CHECK LIST ...............................................................................19 PROPOSER INFORMATION ............................................................................ 20 ACKNOWLEDGMENT OF ADDENDA ........................................................... 21 DECLARATION ................................................................................................... 22 SWORN STATEMENT ON PUBLIC ENTITY CRIMES ................................ 23 QUESTIONNAIRE ............................................................................................... 25 DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS ............................................................................................................. 30 REASONABLE MEASURES APPLICATION ...:.............................................33 SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM ...................... 35 PERFORMANCE EVALUATION SURVEY .................................................... 39 RFr 8 42-06/07 Page 2 Of 40 Review of Water, Sewer , & Stormwater Utility June 25, 2007 for Un-billed and Mis-billed Services Revenue Enhancement Services EXECUTIVE SUMMARY The cost to acquire, distribute and process water is rapidly rising. The availability and quality of many water supplies are dwindling. Aging distribution systems for potable and wastewater in cities across the country are becoming costly to maintain. In cities that are forced to replace these systems, the cost is even higher. Processing water from wells, lakes and rivers is more costly than ever as federal and local standards are raised. Being fairly compensated for the services you provide is crucial in order for you to have the ability to properly and responsibly manage this important resource. Revenue Enhancement Services has developed a program that will ensure your water and sewer operations are maximizing its revenue potential. The scope of services for our Revenue Enhancement is outlined in the Technical Approach section below. We provide professional staff management, field technicians, engineers and accountants to locate, quantify, document and deliver to the client corrective action recommendations on each customer's account that is currently failing to pay correctly for the services they are receiving. The staff of Meter Reading Specialists, Inc. and Revenue Enhancement Services has over 70 years experience working with and assisting in the resolve of concerns to water and wastewater utilities. Our staff has participated in revenue enhancement programs with cities and water and wastewater authorities throughout the country and has recovered in excess of $100 million dollars in additional revenues. The revenue enhancement program was designed to relieve the utility from any up-front costs or capital requirements. Our only compensation will be paid out of the increased revenues generated from the program. Most utilities today do not have the manpower or resources to fully assess and correct deficiencies, preventing them from realizing their full revenue potential. Revenue Enhancement Services' staff has developed standards and procedures that allow for the discovery and correction of unbilled water and sewer services without any risk to the utility. The additional revenues generated under this program can be utilized for Automated Meter Reading installations, infrastructure improvements, contract meter reading and other capital expenditures. It may also serve as a basis for preventing unpopular water and sewer rate increases. Upon completion of the program, Revenue Enhancement Services will provide training to your employees in the methods and procedures utilized in the program. This will ensure that your operation will continue to maximize its revenue potential. RFP # 42-06/07 Page 3 of 40 Review of Water, Sewer , & Stormwater Utility Jure 25, 2007 for Un-billed and Mis-billed Services Revenue Enhancement Services BACKGROUND, EXPERIENCE, and CAPABILITIES Background and Contractor Profile Meter Reading Specialists, Inc. has been in the utility contracting business for over 30 years. We began our business reading gas and water meters for the City of Denham Springs, La., which we are still under contract. Currently we are reading approximately 2 million meters annually throughout Louisiana and Mississippi. We are very proud to state that in the past 30 years we have never been released from a contract due to poor performance. We are also contracted with municipalities in Louisiana and Mississippi to operate and manage their water and gas departments. Our scope includes meter reading, customer service, billing & collection and metering maintenance and validity. On each project an in-depth unaccounted water/gas study was conducted to assure the client that they are receiving maximum revenue from the utility operation. Our experience working within the utility industry has provided us with tremendous insight into the importance of obtaining and maintaining an acceptable un-accountable water loss ratio and accounting for every service provided. Revenue Enhancement Services was established to assist municipalities and utility authorities in achieving this important goal. David Livingston manages Revenue Enhancement Services and has over 15 years experience managing revenue contracts including the cities of New Orleans, LA.; Atlanta, GA;. and Nashville, TN. His staff has over 40 years of experiencing locating, documenting, recovering and tracking lost revenues. Current staff includes Project Managers, Operation Managers, Field Technicians and Administrative personnel experienced in revenue enhancement contracting. Our direct involvement in managing utilities has provided us with unique knowledge and opportunities in the development of the operational and administrative procedures utilized in our program. We realize how important it is for the Utility to receive a comprehensive unaccountable water loss study. That is why our program is designed to assist the Utility in many areas that are not influenced by just dollars. We are teamed with CUSI (Continental Utility Solutions, Inc.) to provide us with custom software needed for our administrative investigations or offerings to clients. Our team also includes AMR specialists that will assist us in evaluating and recommending installation on specific accounts /areas where warranted. We are committed to providing the most detailed, efficient, reliable and timely revenue enhancement program available. Our "Eyes on the System" training teaches our employees what to do and how to conduct themselves within your utility. As a former Dale Carnegie instructor, the owner and vice-president of Meter Reading Specialists, Joe Carpenter personally provides training to each employee. Due to our experience and diversity within the water /wastewater industry, it is our belief that Revenue Enhancement Services has the most extensive and beneficial program available. I know our staff will provide you a successful venture and very rewarding experience. RFP#42-06/07 Page 4 of 40 Review of Water, Sewer, & Stormwater Utility ~°~ ~• 2007 for Un-billed and Mis-billed Services Revenue Enhancement Services Project Team Professional Profile Travis Carpenter Thirty years of Utility Contracting Experience. Solid background marketing and working with municipalities, utilities and other governing bodies throughout the country. Proven ability to develop, implement and manage revenue enhancement programs and utility service contracts. Experience: Meter Reading Specialists 1988 to Present President ^ Responsible for overall operations. ^ Organizes all Sales and Marketing projects. ^ Responsible for all contract procurement and administration. General Manager ^ Developed and managed all corporate administrative activities. ^ Responsible for all contract administration, financial planning and reporting, budget preparation, job costing, human resources and systems development. ^ Responsible for contract procurement. ^ Responsible for new business development including Revenue Enhancement Services. ^ Assisted in revenue enhancement programs to identify and recover additional revenues to be used by municipalities and infrastructure improvements by energy management company Supervisor ^ Managed five meter reading crews throughout Louisiana and Mississippi. ^ Customer service liaison. ^ Developed meter reading and safety procedures. ^ Assisted in contract procurement and management. ^ Read water, gas and electric meters for contracts throughout Louisiana and Mississippi. Meter Reader ^ Read water, gas, and electric meters for contracts throughout Louisiana and Mississippi ^ Customer service Education: Louisiana. State University Medical Center ^ Major in Political Science Louisiana State University ^ Major in Cardiopulmonary Science University of the South ^ General Studies Baton Rouge, LA New Orleans, LA Sewanee, TN RFP a 42-o6ro7 Page 5 of 40 Review of Water, Sewer , & Stormwater Utility June 25, 2007 for Un-billed and Mis-billed Services Revenue Enhancement Services David Livingston Professional Profile Twenty-five years experience in financial, administrative and operational management. Solid background marketing and working with municipalities, utilities and other governing bodies throughout the country. Proven ability to develop, implement and manage revenue enhancement programs and utility service contracts. Experience: Utility Outsourcing Specialists, Inc 2002 to Present General Manager ^ Contract Manager on utility service contracts in the cities of Biloxi and Picayune Mississippi. ^ Responsibilities include meter reading, field operations and billing and collection activities. ^ Conducted preliminary unbilled services audits and revenue enhancement studies with municipalities throughout Louisiana and Mississippi. Delta Water Inc. 1999 to 2002 Contract Administrator ^ Managed water conservation contracts with energy management companies in accordance with performance contracting. ^ Conducted survey's on medical centers, municipalities, military bases, universities and large commercial properties reducing water/wastewater costs thought the implementation of water efficient devices, water wells, sub-meters and the utilization of looped piping systems. ^ Introduced revenue enhancement to performance contracting. • Conducted revenue enhancement programs to identify and recover additional revenues to be used by municipalities for infrastructure improvements by energy management companies. Utility Revenue Management 1993 to 1999 Director of Finance and Administration ^ Contract administrator and financial manager on all revenue enhancement contracts. ^ Conducted reviews and audits into client ordinances and regulations, billing systems, and administrative and operational procedures to assure maximum revenues were being generated from the Utility's operation. ^ Projects and recover revenues as follows: Parish of Jefferson, LA. $2,000,000 City of Nashville, TN. $6,000,00 City of Irvin, TX. $ 600,000 City of Phoenix, AZ $1,000,000 City of Pittsburgh, PA. $800,000 Parish of St. John, LA. $400,000 City of Atlanta, GA. $12,000,000 Water Company of America 1990 to 1993 Project Manager ^ Managed the revenue enhancement contract with the Sewerage $ Water Board of New Orleans. Located, documented and recovered approximately $8 million dollars in lost revenues to the utility. RFP # 42-06/07 Page 6 of 40 Review of Water, Sewer, & Stormwater Utility June 25, 2007 for Un-billed and Mis-billed Services Revenue Enhancement Services City Builders, Inc. 1985 to 1990 Administrative Manager • Developed and managed all corporate administrative activities. Ebasco Services, Inc. 1976 to 1985 Contract Administrator ^ Administrator of various multi-million dollar contracts in the construction of Waterford 111, Nuclear Power Station. Education: Loyola University, Bachelor of Science in Business Administration RFP # 42-06/07 Page 7 of 40 Review of Water, Sewer , & Stormwa[er Utility Jum 25, 2007 for Un-billed and Mis-billed Services Revenue Enhancement Services Thomas J. Kilgore Professional Profile Fifteen years experience working within water and wastewater utilities and managing revenue enhancement programs. Experience: Utility Outsourcing Specialists, Inc 2003 to Present Operations Manager ^ Field activity manager on water & gas utility service contract in Picayune Mississippi. Responsibilities include meter reading, meter replacements /repair, on/off service, customer relations and maintaining revenue enhancement program. ^ Assisted the General Manager and Administrative Manager with operational and financial reporting. ^ Trained field personnel in water and gas operations. ^ Provided monthly analysis of unaccountable water and gas variances. Water Company of Louisiana 1996 to 2003 President Contracted with large commercial water users to install and monitor meters or devices that would allow customer to receive sewer allowances from municipalities for water consumption not returning to sewer such as cooling towers, boilers, etc. Worked with water/wastewater utilities in their review of their current policies, procedures and their current validly. Utility Revenue Management 1993 to 1996 Operations Manager: ^ Manager the field activities on the Revenue Enhancement Contracts in Jefferson and St. John Parishes. ^ Reviewed customer accounts for consumption variances, patterns and billing inconsistencies. ^ Generated field reports and dispatched field crews to properties for field investigations. ^ Reviewed completed field reports and generated work orders on properties with billing discrepancies. ^ Trained field personnel on the procedures for conducting field investigations that lead to the recovery of lost revenues. ^ Located, documented and recovered approximately $3 million in lost revenue. Water Company of America 1990 to 1993 Operation Manager ^ Manager the field activities on the Revenue Enhancement Contract with The Sewerage and Water Board of New Orleans. ^ Reviewed customer accounts for consumption variances, patterns and billing inconsistencies. ^ Generated field reports and dispatched field crews to properties for field investigations. RFP # 42-06/07 Page 8 of 40 Review of Water, Sewer , & Stormwater Utility June 25, 2007 for Un-billed and Mis-billed Services Revenue Enhancement Services ^ Reviewed completed field reports and generated work orders on properties with billing discrepancies. ^ Trained field personnel on the procedures for conducting field investigations that lead to the recovery of lost revenues. ^ Located, documented and recovered approximately $8 million in lost revenue RFP a 42-06/07 Page 9 of 40 Review of Water, Sewer , & Stormwater Utility lure 25, 2007 for Un-billed and Mis-billed Services Revenue Enhancement Services Key Personnel Dianne Merrill -Administrative Manager • 17 Years Experience Working Within The Water /Wastewater Industry ^ 3 Years Experience Tracking Accounts Under The Revenue Enhancement Program (Louisiana and Mississippi Contracts) Stephanie Kropog -Administrative Assistant ^ 12 Years Experience Tracking Revenue Enhancement Contracts in Jefferson Parish, St. John Parish, and Cities of Atlanta GA, Pittsburg PA, Nashville TN and Phoenix AZ, Biloxi MS and Picayune MS. Keith Livingston -Field Technician ^ 10 Tens Experience Conducting Field Investigations Under Revenue Enhancement Programs, Including Sewerage & Water Board of New Orleans, Jefferson and St. John Parishes, Biloxi and Picayune MS. Paul Swaw -Field Technician ^ 10 Years Experience within the Water and Wastewater Industry Evaluating And Repairing Water Meters. ^ Five Years Experience Conducting Field Investigations and Property Evaluations. RFP k 42-06/07 Page 10 of 40 Review of Water, Sewer , & Stormwater Utility June 25, 2007 for Un-billed and Mis-billed Services Revenue Enhancement Services References: David Livingston City of Biloxi, MS Currently under contract since Apri12004 to manage the Mr. Richard Sullivan water utility operations for the City of Biloxi. Contract Public Works Director scope includes meter reading, billing and collections, P.O. Box 429 customer service, maintaining the meter population and Biloxi, MS revenue enhancement activities. (228) 435-6271 City of Picayune, MS Mr. Ed Pinero, PH.D. City Manager 815 N. Beech St. Picayune, MS 39466 (601) 798-9770 RFP # 42-06/07 June 25, 2007 Currently under contract since 2005 to manage the water and gas utility operations for the City of Picayune. Contract scope includes meter reading, billing and collections, customer service, maintaining the meter population and revenue enhancement activities Page 11 of 40 Review of Water, Sewer , & Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services REFERENCES: Meter Reading Specialists, Inc. WARD II WATER DISTRICT MR PRESTON KII.LCREASE P.O. BOX 637 DENHAM SPGS, LA 70727 225-665-5188 OFFICE CITY OF HAMMOND, LA MR GARY KNIGHT P.O. BOX 2788 HAMMOND, LA 70404 985-542-3525 OFFICE CITY OF SCOTT, LA MS. HAZEL MYERS, MAYOR P.O. BOX 517 SCOTT, LA 70583 318-233-1130 OFFICE TOWN OF BYHALIA, MS MR. O.R. "SCOOTER" DEMPSEY, MAYOR 161 HWY 309 S. BYHALIA, MS 38611 662-838-2135 OFFICE CITY OF DENHAM SPRINGS, LA MR. CLARENCE SPEED 941 GOVERNMENT ST. DENHAM SPRINGS, LA 70726 225-667-8317 OFFICE EAST CENTRAL VERNON WATER SYSTEM MR. CRAIG JEANS, MGR P.O. BOX 290 BEAGLE, LA 71475 318-238-9009 OFFICE BELLINGRATH WATER MR. CHUCK LANGLOIS P.O. BOX 25 GREENWELL SPRINGS, LA 225-261-3607 OFFICE RFP tY 42-06/07 June 25, 2007 CITY OF BILOXI, MS MR. A.J. HOLLOWAY, MAYOR P.O. BOX 429 BII.OXI, MS 39533 228-435-6271 CITY OF FRANKLINTON, LA MS. FAYE BOYD 101 11T" AVE. FRANKLINTON, LA 70438 985-839-3569 OFFICE TOWN OF ABITA SPRINGS, LA MS. JENNIFER OALMAN P.O. BOX 461 ABITA SPRINGS, LA 70420 985-892-0711 OFFICE BOGUS LUSA WATER WORKS MS. MARY THIGPIN 26070 HWY. 21 ANGIE, LA 70426 985-735-1669 OFFICE CITY OF BREAUX BRIDGE, LA MS. JUDY BII,LARD 101 BERARD BREAUX BRIDGE, LA 70517 337-332-2171 OFFICE CITY OF WALKER, LA MR. TRAVIS CLARK, MAYOR P.O. BOX 217 WALKER, LA 70785 225-665-4356 OFFICE CITY OF MANDEVILLE, LA MS. DONNA COCKBURN 70739 3101 EAST CAUSEWAY APPROACH MANDEVILLE, LA 70448 985-626-3144 OFFICE Page 12 of 40 Review of Water, Sewer, & Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services TECHNICAL APPROACH Needs Analysis Concept: Revenue Enhancement Services (R.E.S) has developed a revenue enhancement program to assist cities and other governmental agencies in reducing the enormous loss in revenues resulting from unbilled water and sewer service fees. Our program is designed to maximize the utility's revenue potential without increasing expenditures or affecting the operational budget of the utility. Through Revenue Enhancement Services' experience and methodology, we will identify and analyze the causes of revenue loss from unbilled water and sewer usage, such as: • Meter Inaccuracy • Service Theft, Including Unauthorized Bypasses • Billing Related Inconsistencies • Sewer Service Related Problems • Meter Reading Inconsistencies • Active, but Unbilled Customer Accounts • Unmetered Firelines After the discovery of these lost revenues, R.E.S. will quantify the potential increased revenues associated with the correction of these problems, and implement, execute, and manage the corrective action. City of Miami Beach Page 13 of 40 RFP No. 42-06ro7 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services Project Management The R.E.S. program consists of six (6) components: 1. Mobilization 2. Administrative (Review & Audit) 3. Operations (Field Investigations) 4. Corrective Action/Financial Reporting 5. Final Report 6. Training 1. Mobilization Upon execution of the contract, the General Manger will assume the leadership of the Project. He will interact with the various Department Managers of the utility, defining the nature and intent of the contract, developing work order processing and tracking procedures, contract performance reporting and other matters concerning the managers anticipated involvement with the contract. Typically, the following Utility personnel are involved during mobilization: Project Manager: Person assigned by the Utility to administer the revenue enhancement contract. This Utility representative will be Revenue Enhancement Service's liaison to the Utility and will receive and provide resolve to all corrective action work orders submitted in accordance with the contract. Finance/Accountine: Revenue Enhancement Services will provide a sample monthly payable invoice that Revenue Enhancement Services will utilize in the tracking and payment of increased revenues generated under the contract scope. The payable will be customized to meet the financial requirements of the financial personnel. Customer Service: The Department will be requested to furnish copies of all legislation concerning customer charges and fees for water and sewer service. Staff will assist Revenue Enhancement Services in their evaluation of the policies and procedures of the department. Meter Shon: Manager will assist Revenue Enhancement Services in their evaluation of the meter repair/replacement functions and the departmental polices and procedures. Meter Reading: Manager will assist Revenue Enhancement Services in their evaluation of the meter reading activities and general operational polices and procedures. Information Systems: Per contract, Revenue Enhancement Services shall have access to individual customer accounts to the extent permitted by law. The staff will be requested to provide Revenue Enhancement Services with access to its Customer Information System via computer link for viewing and extracting information purposes only. Revenue Enhancement Services will be unable to add or modify any accounts using this link. During this process, additional meetings may be held with personnel from the Sewerage, Environmental and Engineering Departments to secure water and sewer distribution and collection system maps, discuss policies and procedures and other items that may affect the revenue enhancement program. City of Miami Beach Page 14 of 40 RFP No. 42-06/07 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services Upon completion of mobilization (4 to 6 weeks), Revenue Enhancement Services will be ready to initiate the revenue enhancement program. 2. Administrative (Review & Audit) The administrative process consists of a detailed review of each existing account. All accounts are stratified by meter size. Each account will be analyzed for appropriate consumption pattern characteristics based on land use type and specific land use characteristics of each individual property. Consumption patterns will be analyzed to determine if their water consumption is consistent with the actual use of an operation of that type. The determination of whether or not the use is consistent is derived from staff's experience over the last fifteen years in analyzing properties in this manner, combined with published standards concerning building fixture usage. The result of this process will be a series of accounts that the R.E.S. staff believes possess some water usage irregularities that warrants additional evaluation in the form of a field investigation. During the audit process, all accounts with special account classifications such as Water Only Accounts, Sewer Only Accounts, Industrial Surcharges and Unmetered Firelines will be flagged for field investigation. Each account's rate application (water, sewer, industrial surcharge, and line size) will be verified against current schedules. Through the administrative process, R.E.S. can identify potential recovery opportunities due to problem meters that are stuck, running slow, have faulty registers, have open bypasses, have been tampered with or omitted in the billing system. During the audit, all accounts with special classifications or rate application discrepancies are segregated and prepared for further evaluation and verification through field investigation. 3. Operations (Field Investigations) Upon completion of the administrative process, all accounts that fail to meet the standard criteria of the audit are presented to Operations for further evaluation or verification. This will result in the initiation of an intensive on-site field investigation of the property that the account serves. Revenue Enhancement Services' staff is trained and experienced in comprehensive property analysis and will investigate all aspects of a customer account including: ^ Providing a thorough description and nature of property. Interviewing customer representative to secure all information about conditions that would impact consumption and associated water and sewer fees. ^ Locating and gathering customer's meter(s) information, such as meter make and number, current reads and what each individual meter serves. (Buildings, Irrigation, etc.) Each meter is flow tested to verify the accuracy of the flow and registering of consumption. City of Miami Beach Page 15 of 40 RFP No. 42-06/07 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services ^ Performing on-and-off testing to correlate metering and building service and analyzing all systems that are a part of the building operation such as boilers, cooling towers, irrigation systems, pretreatment systems, any independent water supply, any sewerage disposal systems and product use if present. ^ Identifying possible meter interconnections, meter malfunctions, bypass operation, buried meters, theft of service and illegal connections. ^ Verifying the usage and application of Industrial Surcharges, Sewer Credits, Water Only Accounts, Sewer Only Accounts and Unmetered Firelines. Upon. completion of the comprehensive field investigation, the R.E.S. Field Staff will prepare and submit a Field Report detailing their findings of the property. 4. Corrective Action/Financial Reporting A. Corrective Action: Administration will utilize this Field Report to determine if the customer is correctly paying all applicable rates and fees for the service he is receiving. If Revenue Enhancement Services' findings reveal conditions that are preventing the Utility from receiving it maximum revenue from this account, we will generate and submit a corrective action work order. This work order will include: • All pertinent account information • Revenue Enhancement Services' Staff Findings • Recommended Corrective Action • Estimated Monthly Increased Revenue Resulting From The Corrective Action • Supporting Documentation (Field Report, Current CIS Information, etc.) At no time will R.E.S. submit a corrective action work order without conducting a field investigation. The completed work order will be submitted to the Utility's representative for approval and incorporation into the billing system. R.E.S. will make available all Field Reports to the Utility. These reports may be useful in updating the Customer Information System or other purposes within the Utility. R.E.S. will not submit any work order that has minimal impact on increased revenue. We will submit these finding under a Field Report and their disposition will be at the discretion of the Utility. For each account that generates a work order, Revenue Enhancement Services' staff will monitor that account for the duration of the contract. This is to ensure that the problem(s) does not recur. City of Miami Beach Page 16 of 40 RFP No. 42-06ro7 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services B. Financial Reporting: R.E.S. shall provide a monthly project status report. The prior month's activity will be included, which will be a breakdown of activity by revenue generating type (loss accounts, meter repairs, un-metered firelines, etc.), activity by meter size, and work order status. Monthly and future activity will be discussed, along with successes and problems (if any) associated with the program. Additional statistical summaries and management briefing are available upon request from the Utility. During mobilization, the Utility management staff will be made aware of available information that will be generated from the program. At the conclusion of each contract month, R.E.S. will conduct an audit into the billing and collection activities on each of the work orders where approval and corrective action has resulted. A monthly payable and invoice will be presented to the Utility detailing all amounts generated and due R.E.S. from the revenue enhancement program. 5. Final Report A final written report on the specific results of the project including an assessment of existing department metering practices and an estimate of annual revenue loss by area of deficiency will be provided. Causes of inaccurate water metering and analysis of corrective actions will be included in the report. Future courses of action to reduce unbilled or miss-billed revenue will be discussed. 6. Training R.E.S. will conduct training sessions for Administrative and Field personnel to assure that problem areas are defined, corrected and maintained. If desired by the Utility, R.E.S. will provide comprehensive training to designated Utility staff in techniques used by R.E.S. in the program. City of Miami Beach Page 17 of 40 RFP No. 42-06/07 6!25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: 42-06/07: Addendum No. 1, Dated Mav 1, 2007 Addendum No. 2, Dated Mav 7, 2007 Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Travis Car enter P oposer -N Signature Date June 21, 2007 Date City of Miami Beach Page 21 of 40 RFP No. 42-06/07 6!25/2007 Water, Sewer, and Stormwater Utility for Un-biled and Mis-billed Services Revenge Enhancement Services DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this _21 st day of JUNE , 2007. The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, .without collusion or fraud. The proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The proposer states that the response is based upon the documents identified by the following number: RFP No. 42-06/07. sl _ Travis Carpenter PRINTED NAME President TITLE (IF CORPORATION) City of Miami Beach Page 22 Of 40 RFP No. 42-06/07 6/2Sl2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services SWORN STATEMENT ON PUBLIC ENTITY CRIMES UNDER SECTION 287.133(3)(a), FLORIDA STATUTES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to the Citv of Miami Beach [print name of public entity] By Travis Carpenter, President [print individual's name and title] for Meter Reading Specialists. Inc.; D.B.A. Revenue Enhancement Services. LLC [print name of entity submitting sworn statement] whose business address is 10532 La Hwy 1033, Denham Springs, LA 70726 and (if applicable) its Federal Employer Identification Number (FEIN) is 72-0808449_ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a City of Miami Beach Page 23 of 40 RFP No. 42-06/07 6r25l200~ Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services person who has been .convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR. THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION NTAI DINT ORM. [sign Sworn to and subscribed before me this ~~l 4 day of ~~~~-- 200 Personally known ~.~5 4 OR Produced identification (Type of Identification) ,- ~ r . ~~ , ~rG\~1 ~ ~..- ~ ; Notary Public -State of ~_ ,~~ts ~~~~°~. My commission expires G~ (~~.°;}~~ (Printed typed or stam ed Commissioned name of Notary Public) City of Miami Beach Page 24 Of 4~ 6/25/2007 RFP No. 42-06/07 Water, Sewer, and S[ormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services QUESTIONNAIRE Proposer's Name: Travis Carpenter, President Principal Office Address: Meter Reading Specialists. Inc. 10532 La Hwy 1033 Denham Springs, LA 70726 Official Representative: Travis Carpenter Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: 1977 In what State: Louisiana If a Foreign Corporation: Date of Registration with Florida Secretary of State: In Progress Name of Resident Agent: Address of Resident Agent: President's Name: Travis Carpenter Vice-President's Name: Joe Carpenter City of Miami Beach Page 25 of 40 RFP No. 42-06!07 t~25l2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services Treasurer's Name: Travis Carpenter Members of Board of Directors Travis Carpenter Joe Carpenter If a Partnership: Date of organization: General or Limited Partnership": Name and Address of Each Partner: NAME ADDRESS '' Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 30 2. Have any agreements held by Proposer for a project ever been canceled? Yes O No (X ) If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? Yes() No(X) If yes, please explain: City of Miami Beach Page 26 of 40 RFP No. 42-06Po7 til25l2f107 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. David Gunn and Associates - Attorney in Louisiana Thomas Cotton -CPA in Louisiana Preiean Creative -Marketing Firm in Louisiana City of Miami Beach Page 28 Of 40 RFP No. 42-06ro7 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Contract and such information is warranted by the Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: Signature Print Name WITNESS: Signature Print Name IF INDIVIDUAL: Signature Print Name IF PARTNERSHIP: Print Name of Firm Address By: General Partner Print Name WITNESS: Signature Print Name (CORPORATE SEAL) City of Miami Beach 6/25/2007 IF CORPORATION: Meter Reading Specialists. Inc. Print Name of Corporation 10532 La Hwy 1033, Denham $grlnQS, LA 70726 Address By: ravis Car enter President Attest: Page 29 of 40 eFr No. az-o6ro~ Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services 'I! City of Miami Beach DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Meter Readin4 Specialists, Inc.. Name of Company Contact Person: Travis Carpenter Phone Number: (225) 664-3222 Fax Number: f225) 667-9183 E-mail: Travis~UtilityOutsourcinaPros.com Vendor Number (if known): Federal ID or Social Security Number: 72-0808449 Approximate Number of Employees in the U.S.: 46 (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes _ No Union name(s): Section 2. Compliance Questions Question i. Nondiscrimination -Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ^ Race _Yes _ No ^ Sex _Yes _ No ^ Color _Yes _ No ^ Sexual orientation _Yes _ No ^ Creed _Yes _ No ^ Gender identity (transgender status) _Yes _ No ^ Religion _Yes _ No ^ Domestic partner status _Yes _ No ^ National origin _Yes _ No ^ Marital status _Yes _ No ^ Ancestry _Yes _ No ^ Disability _Yes _ No ^ Age _Yes _ No ^ AIDS/HIV status _Yes _ No ^ Height _Yes _ No ^ Weight _Yes _ No City of Miami Beach Page 30 of 40 RFP No. 42-06/07 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Servic Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract with the City? Please note: you must answer this question even if you do not intend to enter into any subcontracts. _ Yes _ No Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? _ Yes _ No B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners' or to domestic partners of employees? _ Yes _No 'The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered "NO" to both Questions 2A and 26, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. Iyouu answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. uiami Beach Page 31 of 40 RFP No. 42-06/07 07 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services BENEFIT Health Dental Vision Retirement (Pension, 401(k), etc.) Bereavement Family Leave Parental Leave Employee Assistance Program Relocation & Travel Company Discount, Facilities & Events Credit Union Child Care Other Yes for Yes for Employees No, this Documentation of Employees with Domestic Benefit is Not this Benefit is with Spouses Partners Offered Submitted with this Form ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Note: If you can not offer a benefit in a nondiscriminatory manner 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, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes _ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this 1St day of June , in the year 2007 , at Denham $DfInQS LA \ City State `> ~- 10532 La Hwv 1033 Sig t Mailing Address Travis Caroenter Name of Signatory (please print) President Title Denham Sorings. LA. 70726 City, State, Zip Code. City of Miami Beach Page 32 of 40 RFP No. 42-06/07 6!25!2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services i~ ~ ~~~"" ~ ~ '~ ~ ,,, _r ~1 ~.~~~~ j City of Miami Beach REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Signature Name of Signatory (please print) Title City of Miami Beach 6!25/2007 Mailing Address of Company City, State, Zip Telephone Number Date Page 33 of 40 RFP No. 42-06ro7 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has. taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. .For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. City of Miami Beach Page 34 of 40 R>=1' No. az-o6ro~ 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services City of Miami Beach SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by 'entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: City of Miami Beach Page 35 of 40 RFP No. 42-06/07 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services B. Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Baraainina Agreements (CBA Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefi#s or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized City of Miami Beach Page 36 of 40 RFP No. 42-06/07 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: The benefits for which the delay is requested are governed by a collective bargaining agreement; All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and A cash equivalent payment will be provided to eligible employees for whom benefits are not available. declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature Name of Signatory (please print) Title City, State, Zip Telephone Number Date City of Miami Beach Page 37 of 40 R~ No. a2-o6ro~ 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services ~ MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on the Review of Water, Sewer and Storm Water Utility for Un-Billed and Mis-Billed Service. The information will be used to assist City of Miami Beach in the procurement of such services. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client for which they have provided services. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes of your time to complete the accompanying questionnaire. Please review all items in the following document and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Maria Estevez by June 25, 2007 via fax: 786.394.4002; or a-mail mestevez~miamibeachfl.gov Thank you for your time and effort Gus Lopez, CPPO Procurement Director City of Miami Beach Page 38 of 40 RFP No. 42-06/07 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 PERFORMANCE EVALUATION SURVEY Name of Company: Point of Contact: Phone and email: Please evaluate the performance of the ContractorNendor (10 means you are very satisfied and have no issues with utilizing their services again; 5 is don't know; and 1 is if you would never utilize their services again due to very poor performance). CRITERIA RATING 1 Ability to manage cost (1-10) 2 Ability to maintain delivery timeliness (on-time) (1-10) 3 Application Functionality (1-10) 4 Professionalism and ability to manage (1-10) 5 Support and Maintenance (1-10) 6 Ability to Meet Critical Requirements (1-10) ~ Overall customer satisfaction and hiring again based on (1-10) performance (comfort level in hiring contractor again) Overall Comments: City of Miami Beach Page 39 of 40 RFP No. 42-06/07 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services Revenue Enhancement Services Contact Reference Business Name: Contact Name: Contact Phone and a-mail: Date of Services: Estimated Dollar Amount for Servi Please return this questionnaire to Maria Estevez by June 25, 2007 via fax: 786.394.4002; or a-mail mestevezC~miamibeachfl.gov City of Miami Beach Page 40 of 40 RFP No. 42-06!07 6/25/2007 Water, Sewer, and Stormwater Utility for Un-billed and Mis-billed Services AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND METER READING SPECIALISTS, INC D/B/A/ REVENUE ENHANCEMENT SERVICES DATED APRIL 30, 2008 FOR REVIEW OF WATER, SEWER, AND STORMWATER UTILITY FOR UN-READ, MIS-READ, AND UN-METERED SERVICES PURSUANT TO CITY REQUEST FOR PROPOSALS (RFP) No. 42-06/07 The contract between the City of Miami Beach, Florida and Meter Reading Specialists, Inc. d/b/a Revenue Enhancement Services, date~~ y36~ 2008, for the review of water, sewer, and storm water utility for un-read, mis-read, and un-metered services pursuant to City request for proposals (RFP) No. 42-06/07, is hereby amended as follows: 1. City shall supply Consultant with two (2) parking permits for use on its vehicles during daylight hours, Monday through Saturday, for the duration of this contract. Consultant agrees that said parking permits will be used for official business purposes only. Consultant agrees to abide by all parking and traffic laws and agrees to clearly identify its work vehicles. 2. City shall supply Consultant with a designated work area (desk, cubicle, etc.) with access to the City's utility database (Read Only). Consultant agrees to abide by all laws, rules, and customs while using this facility. 3. City shall assist Consultant in the procurement of parking space at City Hall for Consultant's work vehicles during regular business hours. This document constitutes an amendment to the above referenced contract. All provisions of that contract, except those which are explicitly changed above by this amendment shall remain in full force and effect. Page - 1 - of 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: gy; ~ ~ ~~(..(~ City Clerk Robert Parcher M or Matti Bower Date FOR CONTRACTOR: 2 ~' N~I~f 2-,~ a~ Date METER READING SPECIALISTS, INC D/B/A REVENUE ENHANCEMENT SERVICES ATTEST: BY~ ~ . Secretary Elen Carpenter ~)~loa Date President Travis Carpenter o ©~ Date APPROVED AS TO FORM & LANGUAGE & FOR ELUTION Page-2-oft ~~ ~~ ~~ ay e