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#17-7190 (Eric Ryan Corp) FIXED FEE/PRICE PROFESSIONAL SERVICE AGREEMENT #17-7190 for UTILITY AND TELECOMMUNICATIONS BILLING THIS AGREEMENT, made and entered into on this 12'P' day of teceoter 2017, by and between The Eric Ryan Corporation, authorized to do business in the State of Florida, whose business address is 1 Early Street, Suite A, Ellwood City, PA 16117, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a five hundred and forty-seven-day (547) period, commencing ® upon the date of Board approval C , or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Il Purchase Order ® Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ® Request for Proposal (RFP) (l Invitation to Bid (ITB) n Other ( ) #17-7190, including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement and Exhibit A— Scope of Services attached hereto. 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act". Page 1 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): (� Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ❑ Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received) no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 ❑ (check if applicable) Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Page 2 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: The Eric Ryan Corporation Address: 1 Early Street, Suite A Ellwood City, PA 16117 Authorized Agent: Mary A. DeCaria, CFO Attention Name & Title: Paul Favatella Telephone: 724-758-2906 E-Mail(s): mdecaria(c17,ericryan.com pfavatella(eericryan.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Len Price, Department Head Division Name: Administrative Services Department Address: 3299 Tamiami Trail E, Suite 601 Naples, FL 34112 Page 3 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation Administrative Agent/PM: Paula Brethauer, Operations Analyst Telephone: 239-252-8450 E-Mail(s): Paula.Brethauer@colliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against Page 4 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ® Commercial General Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. N Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$100,000 for each accident. C. ® Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and aggregate. D. I I Cyber Liability: Coverage shall have minimum limits of $ per claim. E. I I : Coverage shall have minimum limits of $ per claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in Page 5 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Administrative Services Department. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services, Exhibit B Fee Schedule, ® RFP/ [ ITB/_ Other #17-7190, including Attachments and Addenda/Addendum. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Page 6 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, Page 7 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. ❑ KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent Page 8 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. ® AGREEMENT STAFFING.The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 26. ® ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ❑ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to Page 9 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation ,. ,w y t;b maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. * * * * * Page 10 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation IN WITNESS WHEREOF the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST. ,,,,,,.. COLLIER 40 Y. FLORIDA Owl'• E Brock, CI rk of Courts . - , - 411/‘ ‘ BY' Dated Penny Tayl'or airman 401/ i ( 1 ..(3- cb- (*Was to Chairman's signature only. The Eric Ryan Corporation Contractor ii.s Witness a.k.A.A./t... 414.1A4— . irAl By: Arao .--, - 401 Signature, 4. / OL,IL .-- 1 -4,1.4..e_ / c .o , Ca.n et c ype/print witness natrie'4,` 1'Type •rint signature and titlel ALL,,......... # ...,,, AL.........si Second'Ni 1 ess rvi A ri C. •, , ., 0( C isTyp'forint witness namet Approved as to Q o and Legarty: vee.4.ssir unt&AttoRey Print441e Page i I of 13 Or/-1190 Utility and TOISCOMMUrtiCatoOnS eit ing Audit Tho Eric Ryan Corporation ,-- Exhibit A Scope of Services (following this page) Page 12 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation e'�4y Exhibit A C l.lier County Administrative Services D pa?finent Prc urement$elvice3 D[Jsk n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR UTILITY/TELECOMMUNICATIONS BILLING AUDIT SOLICITATION NO.: 17-7190 RHONDA BURNS, FCCN, CPPB, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 RhondaBurns@colliergov.net (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal,cancellation of any subsequent award,or any other legal remedies available to the Collier County Government. Attachment A-Scope of Services and Technical Specifications 1.0 UTILITIES AUDIT 1.1 The Consultant will review and evaluate for billing errors from all the utility services and equipment providers.Categories of services to be considered will include,but not limited to electricity,natural gas,propane,and heating oil.The Consultant will compile historical data and conduct a comprehensive review of the billing information.The Consultant will compare usage and demand amounts to prior periods and comparable locations to determine if quantities billed are reasonable. 1.2 At a minimum,the Consultant will identify errors related to: a. Meter reading errors; b. Rates not in accordance with Collier County contracts; c. Charges billed for incorrect or nonexistent equipment; d. Meter malfunctions; e. Wrong meter types installed; f. Clerical errors in bill computations; g. Wrong factors applied; h. Incorrect tax charges. 1.3 In addition to detecting billing errors,the Consultant will analyze rates to identify opportunities to reduce future costs.Cost-savings recommendations may include,but should not be limited to: a. Alternate rates and riders offered by existing suppliers; b. Combination or splitting of meters for billing purposes; c. Correction of power factor penalties; d. Negotiation of special contracts to eliminate punitive clauses 2.0 TELECOMMUNICATIONS AUDIT 2.1 The Consultant will review and evaluate for billing errors from all telecommunication services and equipment providers.Categories of network services to be considered will include,but not be limited to,switched voice services provided by local carriers and long distance companies;non- switched voice and data communication lines and circuits;maintenance services;and leased/ rented voice and data communications equipment.The Consultant will compile historical data and conduct a comprehensive review of the billing information. 2.2 The audit will include,but not be limited to: a. Service order charges; b. Installation charges; c. Monthly access line charges; d. Message unit charges; e. Toll charges; f. Local exchange carrier's discount packages; g. Operator surcharges and rates; h. Calling card surcharges and rates; i. 800 service charges; j. WATS charges; 17-7190 Utility/Telecommunications Audit 2 k. Incorrectly charged local directory assistance charges; 1. Incorrectly charged State and Federal taxes; m. Usage charges; n. Long distance directory assistance charges; o. All tariff elements in the monthly line charges; P. PBSx q. ACDs; r. Cellular services; s. Modems; t. Channel Banks; u. ADPCMs; v. DSUs; w. Cable television service charges; x. Cable television equipment charges. 2.3 In addition to detecting billing errors,the Consultant will analyze rates,work with telecommunications providers to determine appropriate rates,and identify opportunities to reduce future costs. 3.0 AUDIT REPORT At the conclusion of the audit,the Consultant will make a presentation and submit a report detailing its findings.At a minimum,the report should identify the range of bills reviewed by the Consultant,the refunds/credits due to Collier County for each item,and the method by which the County will receive the refund/credit(e.g.,refund check,credit on future invoice,etc.).The report will quantify retroactive refunds/credits as well as future savings potential.The report must contain sufficient detail to attribute each refund or savings item to a specific invoice,with account and sub-account details.The County is under no obligation to implement any of the Consultant's recommendations. 4.0 REFUNDS AND CREDITS 4.1 For all recommendations that are accepted during the term of the contract,the Consultant will provide the following services: a. Document and prepare the necessary evidence of claims,including any interest fees that may be applicable; b. Submit claims to the providers on behalf of the County; c. Negotiate with the providers for refunds or savings due to the County; d. Follow up as required with providers to collect the refunds; e. Verify the accuracy of the amount refunded;and f. Confirm errors are corrected in future billings. 17-7190 Utility/Telecommuncations Billing Audit 3 Exhibit B Fee Schedule The County shall pay the Contractor for the performance of this Agreement based on twenty percent (20%) off all refunds/credits recovered as a result of efforts by the Contractor. The same percent shall apply for twelve (12) months for all future billing reductions, as outlined in Sections 1.3 and 2.3 of the Scope of Work, that are approved for implementation by the County beginning the first date said amount is invoiced by the Contractor and as per the specifications of RFP. • Page 13 of 13 #17-7190 Utility and Telecommunications Billing Audit The Eric Ryan Corporation Co -ter Coi,tnty Collier County RFP Number: 17-7190 RHONDA, FCCN, CPPT, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 RhondaBurns@colliergov.net REQUEST FOR PROPOSAL FOR UTILITY/TELECOMMUNICATIONS BILLING AUDIT PROPOSALS DUE BY 2:30 P.M. ON SEPTEMBER 25, 2017 F.JRC Eric.Ryan Corporation Part, Cover Letter/Management Summary (Page 1) Part 2 Certified Business Statement (Page 4) '!-'art 3 Business Pian (Page 6) Part 4 Savings To County (Page 9) Part 5 Experience and Capacity References (Page 12) Part 6 Specialized Expertise (Page 23) Part 7 Local Vendor Preference (Page 27) Pricing Proposal (Page 29) Required Forms (Page 31) Sample Audit Report Te;eco M!imitations (Page 45) Sample Audit Report Utility (Page 65) Addendum (Page 82) Part I . : , '", over :er .,F . . gem. . ,s. , ,.,..., dc.' - Questions andicr information Requests d r sed in This ec o: • Provide a cover letter,signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s),telephone number(s) and email(s) of the authorized contact person(s) concerning proposal.Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. Eric Ran Corporation 1 Cover Letter/Management Summary Request:Provide a cover letter,signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s)and email(s)of the authorized contact person(s)concerning proposal.Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP (I Eric.t Ryan Corporation September 15, 2017 Rhonda Burns, FCCN, CPPB Procurement Strategist Procurement Services Division 3295 Tamiami Trail East, Building C-2 Naples Florida 34112 Ms. Burns: The Eric Ryan Corporation is pleased to present our response for Collier County's bid for the Utility/Telecommunications Billing Audit Services (RFP#17-7190).We have read the bid document in its entirety. We understand and agree with the scope of services and accept all requirements,terms and conditions in the REP. Also, Eric Ryan's underlying philosophy is to continually deliver value to each client. Should the Eric Ryan Corporation be awarded the opportunity to deliver value to Collier County the summary of services are as follows; utility and telecommunications invoices will be reviewed for billing errors which will result in refunds or credits. In addition the analysis will identify procedures to reduce the client's utility and telecommunications expenses going forward. The auditing process begins by analyzing the information provided by Collier County and entering the bill data into energy management software. The software assists the experts in locating billing errors, cost per kWh variations, usage trends, estimated bill, meter read errors, cost per square foot variations, minimum demand billing, and high contracted demands. Contract term and tax rate verifications are also performed in the audit. In addition,the auditors will verify each account is on the correct rate based upon usage trends,time of day usage,type of business and government incentive opportunities. The Eric Ryan Corporation has provided similar services to over seven thousand (7,000) clients, including government entities such as the City of Miami Beach, Hernando, Highlands and Sarasota Counties in Florida. Other government entities include the Federal Reserve Bank of Cleveland,the Counties of Livingston and Ottawa, Michigan and the School District of Philadelphia. Services have been provided for corporate entities such as Universal Studios Windstream, Hilton Hotels, Costco, Colgate-Palmolive,Viacom and Food Lion. Our team has identified over one billion seven hundred million dollars($1,700,000,000) in billing errors and future savings opportunities for clients. Anticipated challenges are fully comprehended. Obtaining letters of authorization to contact and discuss individual 2 accounts with the Utility and Telecommunications providers are imperative. Also,the cooperation of the service provider to discuss and cooperate will allow the Eric Ryan Corporation to fulfill all aspects of the project. Very little time is required of Collier County, Initially the time necessary to obtain the telecommunications and utility invoice copies, letters of authorization,procurement contracts and a contact information sheet need to be prepared and shared with the Eric Ryan Corporation. This should take approximately eight(8)hours. Also,after the audit is initiated requests for authorization to pursue savings opportunities are time sensitive. Timely responses,within two(2) business days from authorized individuals of Collier County to answer questions are imperative to fully realize potential savings. The project manager and project team assigned to this project have over two hundred (200)years of experience in the utility and telecommunications field.Our financial capabilities to support and initiate new projects,including those in excess of 1,000 billings, have never been compromised and we are capable of not only providing financial support to these projects, but maintaining the resources as well. Our business practices call for a kick off meeting with our client and all parties involved to outline the steps,tasks and assignments to the project so that everyone has a level of expectation and a target as to when each step and task will be completed and who shall complete the task. ERC has always met any deadlines established by our clients and there have been no issues with staying within budget on any projects for which we have been contracted to perform services. The contact person for the county's request for proposal process is the following individual. Paul Favatella P.724-758-2906 E. pfavatella@ericryan.com In my capacity as CFO, I am authorized to negotiate and bind the company contractually. We would like to thank Collier County for considering our services and our response to the RFP. •cerely, C ( t.— Mary A. De•aria CFO 3 P1Tt2 Certified Business Statement Questions and/or hiformation Requests Addressed in This h a Secto€: • Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. FR Eric Ryan art Corporation 4 'Certified ` .. ted' ^ Request:Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. The Eric Ryan Corporation does not claim any certification as a minority business enterprise. 5 Part 3 Business Plan Questions and/or of 'mation Requests A. resse n This Section: • Detailed plan of how firm plans to implement audit approach (including major tasks and sub-tasks). Detailed time line for completion of each of the tasks. Er kRyan Corporation 6 e Request:Detailed plan of how firm plans to implement audit approach (including major tasks and sub-tasks). Detailed time line for completion of each of the tasks. The process starts with gathering the necessary documentation such as invoice copies, letter of authorization (LOA) and copies of contracts from the client. Once this information is obtained,the LOA is used to access information from the telecommunications and utility companies to acquire the bill copies necessary to perform the audit.The contracts provided by Collier County are necessary to verify that the contracted pricing is accurate. Once we have all the information (LOA, contracts,and bill copies)we scan the information into our systems.The bills are then sent on to the assigned auditor handling the account.Their job is to key the billings into our energy software program to track and report any billing discrepancies. For utilities (electricity, natural gas,water and sewage),the initial step will track interval data and meter readings which build a trending and analysis report that gives the auditor an increased capability to verify billing accuracy.The software has built in audits that identify potential problems (such as excessively high or low usage, cost, unit cost, demand; duplicates; abnormal dates; missing bills). Other software features include:weather data, heating and cooling degree days are automatically calculated and charted for quick year to year comparisons, benchmarking charts, budgets and forecasts and Energy Star Benchmarking. Rate and Tariff Analysis is used to verify bill accuracy and rate verification. Energy software has capabilities to run an alternative analysis and provide a savings calculation comparing rates.Supply Contracts are monitored for accuracy and any additional savings opportunities. Contract renewals are revisited well in advance for current market analysis. During the process, if an error is found or an opportunity exists,the auditor opens a trouble ticket in our Access database system.The ticket defines the account,the utility, location, issue, and potential savings and or credit amount.As the auditor continues their review of the issue,the ticket is updated and closed when all answers are received and enough information is available to present to the client. After the audit is completed, all tickets are compiled into an audit report and presented to the client for review and approval of action items.This part of the audit process(from receipt of information to presentation of the audit) is approximately 90—to-120 days and is dependent upon the response of the utility companies. If, during the process of keying 12 months of billings,we find that a better rate may exist,we next call the utility company to validate our numbers and make sure the savings projected are accurate.We then update the ticket which pertains to that particular item. Information that is gathered as described above will then be presented to the client and building operation patterns are discussed to make sure that any planned operational changes do not impact the rate opportunity. Upon approval,we implement the rate change and monitor the account monthly to report on the savings. The ERC process for recovery of overpayments starts with the identification of billing errors or charges not applicable to the client. Once the error is identified the utility company is notified of the error and supportive documentation is submitted to justify the request for a refund. Upon acknowledgment of the error and subsequent refund,the client is notified as to the amount and when to expect the refund, as well as in what format (refund check or credit on bill). ERC will pursue any errors as far back as the statute of limitations will permit. ERC has in place a quality control program that keeps the client abreast of post audit activity and changes in the utility market. Reports of existing and new trouble tickets are sent to the client on a quarterly basis and a review is done either by conference call or in a live meeting as per the client's request.We also provide market updates on a weekly basis as to which direction market prices are moving. Finally, ERC provides bill copies or images on an as needed or requested basis and can also provide reports showing consumption, cost and trending on a monthly basis. The process for telecommunications starts with gathering the necessary documentation such as letter of authorization (LOA) and copies of contracts from the client. Once this information is obtained,the LOA is used to access information from the telecom companies to get the bill copies necessary to perform the audit.The contracts provided by Collier County are necessary to verify that the pricing contracted is what is being billed. Once we have all the information (LOA, contracts,and bill copies)we scan the information into our systems.The bills are 7 then sent on to the account managers handling the account.Their job is to key the billings into our Excel spreadsheet programs.The first program builds a trending and analysis sheet that gives the account manager the ability to see if any bills are out of line and the program has built in checks to see if things such as cost per minute are consistent. The second program that is used is for bill accuracy and rate verification. Each bill is keyed into the Excel program that emulates the telecom company's tariff and determines if the charges are accurate and also computes what the cost would have been on other rates offered by the telecom company. If during either of these processes, an error is found or an opportunity may exist,the account manager opens a trouble ticket in our Access database system.The ticket defines the account,the utility, location, issue, and potential dollar amount.As the account manager continues their review of the issue,the ticket is updated and closed when all answers are received and enough information is available to present to the client. After the audit is completed, all tickets are compiled into an audit report and presented to the client for review and approval of action items.This part of the audit process (from receipt of information to presentation of the audit) is approximately 90—to-120 days and is dependent upon the response of the telecommunications companies.The ERC process for recovery of overpayments starts with the identification of billing errors or charges not applicable to the client. Once the error is identified the telecom company is notified of the error and supportive documentation is submitted to justify the request for refund. Upon acknowledgment of the error and subsequent refund,the client is notified as to the amount and when to expect the refund, as well as in what format(refund check or credit on bill). ERC will pursue any errors as far back as the statute of limitations will permit. ERC has in place a quality control program that keeps the client abreast of post audit activity and changes in the telecommunications market. Reports of existing and new trouble tickets are sent to the client on a quarterly basis and a review is done either by conference call or in a live meeting as per the client's request. Obtain Copies Audit Billings Implement ~;Es 1-7 Days 14-60 Day 14-Cc %piration x, J Scan Documents Discuss Days 7-14 Days 30-70 Complete Audit Report Report Days 70-90 Days 110-Contract Expiration Present Audit Report Day 100 Day 1-7: Obtain copies of billings and all supportive documentation,such as utility/telecommunications vendor contracts and Letters of Authorization Day 7-14: Scan documents into system for viewing by account manager and analyst, setup database for ticketing and Excel spreadsheets for entry of billings Day 14-60:Audit Billings,contracts and information to identify errors and future savings cost reduction opportunities on telecommunications accounts, call all phone lines for verification purposes, break down customer service records Day 14—Contract Expiration:—Implement approved items Day 30—70: Discuss discrepancies and potential future savings cost reductions with telecommunications and utilities providers Day 70—90: Complete the audit report, compiling the trouble tickets, supportive documentation and savings analysis Day 100: Present the audit report,seeking approval to move forward with implementation of action items Day 110—Contract Expiration: Report on savings on a monthly basis and continue to review billings and provide addition- al cost savings opportunities 8 Part 4 Savings To Count, Questions and/ r information Requests dress n This Section: • Provide a description of projected total savings to the county associated with the scope of services. Provide a schedule of tasks,sub-tasks and the deliverables associated with each task. 4401111.1 Eric Rwin corporation 9 Savings to County Request:Provide a description of projected total savings to the county associated with the scope of services. Provide a schedule of tasks,sub-tasks and the deliverables associated with each task. Electricity estimated value realized • Refund estimate: 2.0%of spend • Future savings estimate: 4.0%of spend Natural Gas estimated value realized • Refund estimate: 2.0%of spend • Future savings estimate: 4.0%of spend Telecommunications estimated value realized • Refund estimate: 3.0%of spend • Future savings estimate: 4.5%of spend � Day 1-7 Obtain copies of billings and all supportive documentation, such as utility/telecommunications vendor contracts and Letters of Authorization Day 7-14 Scan documents into system for viewing by account manager and analyst, setup database system for ticketing and excel spreadsheets for entry of billings Day 14-50 Audit billings, contracts, and information to identify errors and future savings cost reduction opportunities. , call all phone lines for verification purposes, break down customer service records Day 14 Contract Expiration-Implement approved items Day 30-70 Discuss discrepancies and potential future saving cost reductions with Telecommunications and Utility Providers. Day 70-90 Complete the audit report, compiling the trouble tickets, supportive documentation and savings analysis into a bound report Day 100 Present audit report seeking approval to move forward with implementation of action items Day 110 Contract Expiration: Report on savings on a monthly basis and continue to review billings and provide additional cost saving opportunities 10 The deliverables which will contribute to the above noted identified savings are as follows: • Rate Issues 40% • Incorrect Billings 35.5% • Late Fees 10% • Meter issues 7.5% • Duplicate Bills 7% 11 Part 5 Experience and Capacity References Questions and/or Information Requests dr s ed in This Section: • Provide a brief history of the firm, including number of years in business, pertinent capabilities, experience in municipal and or government agencies, and resources necessary to successfully provide the required services. • Describe the various team members'successful experience in working with one another on previous projects. • The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The references should be for work performed not more than five (5)years. Provide information on the projects completed by the vendor that best represent projects of similar size,scope and complexity of this project using form provided in Attachment B—Form 8. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. • A copy of a report as an example of work product.This should be for one of the firms that company has performed audits in the past. (The name of the firm should be redacted to protect sensitive information disclosed.) • Demonstrate the recovery of fees from various utilities for other agencies. Eric Ryan Corporation 12 Experience : e Request:Provide a brief history of the firm, including number of years in business, pertinent capabilities, experience in municipal and or government agencies, and resources necessary to successfully provide the required services. Describe the various team members'successful experience in working with one another on previous projects. The County requests that the vendor submits no fewer than three(3)and no more than ten (10)completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The references should be for work performed not more than five(5)years. Provide information on the projects completed by the vendor that best represent projects of similar size,scope and complexity of this project using form provided in Attachment B—Form 8. Vendors may include two(2)additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work.A copy of a report as an example of work product. This should be for one of the firms that company has performed audits in the past. (The name of the firm should be redacted to protect sensitive information disclosed.)Demonstrate the recovery of fees from various utilities for other agencies. The company initiated service in October of 1990 as"Utility Cost Cutters." Incorporation became effective on January 1, 1995. The Eric Ryan Corporation is a closely held S Corporation and is wholly owned by its founder and CEO. Twenty-seven (27) years of exceeding client's expectations has facilitated and developed the capabilities to allow ERC to fulfill the requirements set forth in this RFP. During this time,the company has honed its skills and evolved organically. Initially to meet each projects specifications,then to exceed client's expectations. Very little is required of Collier County for the project to be carried out. The following items are needed to initiate the project: • copies of at least one(1)year utility invoices, and • three (3) months of telecommunications invoices, • along with letters of authorization for each utility and telecommunications provider • copies of contracts with each provider, and • Contact information for those individuals with authority to make decisions regarding account maintenance. It should be emphasized;time is of the essence when a request is made by Eric Ryan Corporation for the initiation of a cost savings measure. It is requested that responses to inquiries be made within two (2) business days. • Approximately eight (8) hours will be needed to gather the above documents, in order to initiate the billing audit projects. Once the audit report is completed, approximately two (2) hours will be set aside for the presentation of the audit report. The majority of value delivered to clients has been through the following items: • Rate issues • Incorrect billings • Late fees • Meter issues • Duplicate invoices The corporate offices are located in Ellwood City, Pennsylvania;which is where the company has been since its inception. The company's offices are equipped with state-of-the-art hardware and software. With ERC's one hundred and three (103)full and part-time employees,we are positioned to offer our most qualified team members to support the project. Collectively,the team has over five hundred (500)years' experience.The inter-personal group dynamics of the staff have developed during the company's existence,which has permitted each individual to grow in their respective roles while working as a team to meet head on the requirements of each project. This fact is evidenced by numerous projects, including one project in which one thousand (1,000) invoices per month were analyzed for one client. 13 We have provided similar services to well over seven thousand (7,000)clients, including government entities such as: the City of Miami Beach,Sarasota County, FL, Garfield County, CO,the School District of Philadelphia and the City of Pittsburgh, as well as Fortune 500 companies such as:iHeart,Viacom, Costco, Colgate-Palmolive and Food Lion.Our team has identified over one billion seven hundred million dollars($1,700,000,000) in billing errors and future savings opportunities for its clients. The wide width of geographic locations where services have been provided is confirmation of the many utility and telecommunications suppliers for which the Eric Ryan Corporation has negotiated with and obtained credits and refunds, as well as developing a working knowledge of the billing practices and intricacies of the utility and telecommunications suppliers processes. Also, entities in the State of Florida have permitted the Eric Ryan Corporation the honor of delivering more value to the state than any other state, except for Pennsylvania. Please see the sample audit report, at the end of the response,which will demonstrate and provide an example of the recovery of fees from other agencies. 14 Administrative Services Department Procurement Services Division Form 8: Reference Questionnaire Solicitation: 17-7190 Utility/Telecommunications Billing audit Reference Questionnaire for: The Eric Ryan Corporation (Name of Company Requesting Reference Information) Paul Favatella (Name of Individuals Requesting Reference Information) Name:Jimmy Morales Company:the City of Miami Beach (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: JiminvMoralesi«lmiamibeachfl.gov FAX: 305-673-7782 Telephone: 305-673-7010 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of Ito 10, with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area,leave it blank and the item or form will be scored"0."(Please note,references from Collier County staff will not be accepted.) Project Description: _Audit Telecom/Utility Invoices Completion Date:_Summer 2017 and identify/implement opportunities for savings Project Budget: 18%of identified savings Project Number of Days:nearly 2.5 year contract_ Item Citeria Score 1 Ability to manage the cost to perform the service (minimize change orders to scope). 10 2 Ability to maintain schedule(complete on-time or early). 9 3 Quality of work. 9 4 Quality of consultative advice provided on the project. 9 5 Professionalism and ability to manage personnel. 9 6 Administration(completed documents,final invoice, final product turnover;invoices; 10 manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 9 8 Abiltity to manage risks and unexpected circumstances. 9 9 Ability to follow contract documents,policies,procedures,rules,regulations,etc. 9 10 Overall comfort level with hiring the company in the future(customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS(Maximum 100 Points) 93 15 ( ERG f'ic k' ,.:3i7:Corporation The City of Miami Beach retained the services of the Eric Ryan Corporation through the competitive bid process originally for a telecommunications audit. Subsequent contracts have included an audit of cellular and utility invoices. 1 Early Street,Suite A•P.O.Box 473•Ellwood City,PA 16117 Phone: 724-752-8900 Fax: 724-752-8999 www.ericryan.com 16 Cofer County r at e S Dap Proverre!E?rue":im DMsm Form 8:Reference Questionnaire Solicitation: 17-7190 Utility/Telecommunications Billing audit Reference Questionnaire for: The Eric Ryan Corporation (Name of Company Requesting Reference Information) Paul Favatella (Name of Individuals Requesting Reference Information) Name:Ben Fitzgerald Company:Florida Hospital (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Ben.Fitzueraldiii1hosp.o.ru FAX: Telephone:407-303-1144 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area,leave it blank and the item or form will be scored"0."(Please note,references from Collier County staff will not be accepted.) Project Description: _All utility invoicing and rate Completion Date: structure oversight 8/22 Project Budget: Confidential Project Number of Days: 10 years Item Citeria Score 1 Ability to manage the cost to perform the service (minimize change orders to scope). 10 2 Ability to maintain schedule(complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Administration(completed documents,final invoice, final product turnover; invoices; 10 manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 10 8 Abiltity to manage risks and unexpected circumstances. 10 9 Ability to follow contract documents,policies,procedures,rules,regulations, etc. 10 10 Overall comfort level with hiring the company in the future(customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS(Maximum 100 Points) 17 , ., ,„,,, ,..., ,, , FRC Eric:Ry rr Corporation Services for Florida Hospital have been provided for over ten (10) years. The width of provided services has included numerous facilities, for services including the analysis of utilities (natural gas, electricity,water and sewage) and telecommunications invoice analysis. Special emphasis has been placed on providing ongoing procurement guidance which requires the monitoring of market conditions, and proving insight to move forward in procurement objectives. Providing services for a multi facility client for over a decade is a privilege which is sincerely appreciated by ERC and does not take for granted. 1 Early Street,Suite A•P.O.Box 473•Ellwood City,PA 16117 Phone: 724-752-8900 Fax: 724-752-8999 www.ericryan.com 18 Cler County ndaiwave Serrces Depar11110fIl Praurement Ser,ces Uvsion Form 8:Reference Questionnaire Solicitation: 17-7190 Utility/Telecommunications Billing audit Reference Questionnaire for: The Eric Ryan Corporation (Name of Company Requesting Reference Information) Paul Favatella (Name of Individuals Requesting Reference Information) Name:Roger Pollak Company:Island Hospitality Management (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:rpollak@ih-corp.com FAX:561-655-7222 Telephone:561-655-9001 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey.Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area,leave it blank and the item or form will be scored"0."(Please note,references from Collier County staff will not be accepted.) UhlI f j C'oi1,01/16 /� Project Description: /7.gflactio ��S�t Completion Date: (_1j7 1f1t l J Number of Days: Ji Project Budget: � �,'(�I APS Project Item Q Citeria Score I Ability to manage the cost to perform the service (minimize change orders to scope). 2 Ability to maintain schedule(complete on-time or early). 3 Quality of work. 16 4 Quality of consultative advice provided on the project. R 5 Professionalism and ability to manage personnel. 6 Administration(completed documents,final invoice,final product turnover;invoices; manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected circumstances. 9 Ability to follow contract documents,policies,procedures,rules,regulations,etc. / 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS(Maximum 100 Points) 97 Gtr WI U Xs.land l- SP`It 19 Services provided for Island Hospitality over the last ten (10)years have included the following for both utilities and telecommunications: ➢ Invoice auditing ➢ Contract analysis i Energy procurement services ➢ Bill scanning services ➢ Telecommunications 24x7 help desk ➢ Telecommunications network analysis ➢ Telecommunications add moves and changes Island Hospitality's faith to retain the services of the Eric Ryan Corporation are sincerely appreciated and repaid with delivering value consistently. 20 CIL county &cam tkpalined Palmeri Stviea 0.e' Form 8:Reference Questionnaire Solicitation:17-7190 Utility/Teleconununications Billing audit Reference Questionnaire for: the Eric Ryan Corpt retton (Name of Company Requesting Reference Information) Paul Favatella (Name of Individuals Requesting Reference Information) Narne:Nancy Finman Company:Sarasota County Government (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) �j Email:nfnman@se_ov.net FAX: Tele.hone:g7/�� _)x-6 1 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has Iisted you as a client for which they have previously performed work. Please complete the survey.Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed(and would hire the firm/individual again)and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area,leave it blank and the item or form will be scored"0."(Please note,references from Collier County staff will not be accepted.) Project Description ': 1h1 /riot�e Completion Date: A141o. 1 Project Budget: V 1, o� 5AVMS Project Number of Days: Item Citeria Score 1 Ability to manage the cost to perform the service (minimize change orders to scope). td B 2 Ability to maintain schedule(complete on-time or early). !j d 3 Quality of work. t u 4 Quality of consultative advice provided on the project. t 0 . 5. Professionalism and ability to manage personnel. f 6 Administration(completed documents,final invoice,final product turnover;invoices; manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. if O 8 Abiltity to manage risks and unexpected circumstances. I ti 9 Ability to follow contract documents,policies,procedures,rules,regulations,etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). f Q TOTAL SCORE OF ALL ITEMS(Maximum 100 Points) �S lift I S G�u(Sho,n ' ) hod-' ale4avtt S1 n C.C_ l W5 G ci,r1hv -fee_ cflAavt-. A 511.er cosi-- " Us VIAS a �1S,hrv6, hecuuSt J 1mCuv+fi "►� OAI1 �l�rkr s'tiVIVO S. 21 Services were retained in March of 2015 by Sarasota County through the competitive bid process. The scope of services provided by the county were as following ➢ Invoice analysis of utilities (electricity, natural gas, water and sewage) ➢ Invoice analysis of telecommunications ➢ Invoice analysis of waste removal 22 Pa rt 6 Specialized Expertise Questions and/or Information Requests gists Add se in This Section: • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. • Attach brief description of work that will be performed by sub-contractors. j► Eric Ryan Corporation 23 Request:Description of the proposed contract team and the role to be played by each member of the team.Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services.Attach brief description of work that will be performed by sub-contractors. Telecommunications Department The telecommunications department is staffed by individuals with two hundred (200)years of experience analyzing, deciphering and utilizing experience to deliver value to clients. Individual employees have over thirty (30)years experience working directly for telecommunications providers. Responsibilities of individuals within the telecommunications department are as follows: neboCea " ink Rebecca Hink joined The Eric Ryan Corporation in March of 1992. Ms. Hink currently holds the position as Chief Operations Officer. Ms. Hink, in her position as Chief Operations Officer, is responsible for identifying and implementing operation products that help improving efficiency and reducing expense. Ms. Hink's responsibilities also include the day- to-day management of the telecommunications auditing and help desk departments, primarily focusing on new account management and management of existing clients. She manages the IT Department at ERC. Prior to joining The Eric Ryan Corporation, Ms. Hink worked in financial management for a large commercial mortgage division in Seattle, Washington. Ms. Hink attended Spokane Falls Community College and Whitworth College, both located in Washington State. joanne ab n Joanne Klabon joined The Eric Ryan Corporation in April, 2008 after a 34-year career in Telecommunications. Joanne currently holds the title of Senior Telecom Consultant/Contract Specialist and draws on her years of experience in designing, pricing, implementing and verifying billing for a full range of telecommunications services.Joanne's responsibilities as a Telecom Consultant are managing the beginning to end audit process,which includes contract verification, pricing analysis and recommendations, audit presentation and change-order follow-through. She also manages the ERC Telco Contract Database and provides one-on-one and group training and coaching. Prior to joining The Eric Ryan Corporation, Ms Klabon worked for Verizon for 34-years in positional ranging from Telephone Operator to Solutions Engineer II. Joanne retired from Verizon in March, 2007. Maureen Brew joined The Eric Ryan Corporation in August of 1999. Mrs. Brew currently holds the position as Telecom Analyst in the Telecommunications Division. Mrs. Brew, in her position as Telecom Analyst, is responsible for organizing bills received from our new clients. Calling the carriers to gather the information needed to add the details of each account onto a spreadsheet and is always looking for ways to save money. Prior to joining The Eric Ryan Corporation, Mrs. Brew worked for Verizon for 33 years as a Service Representative. Mrs. Brew is a graduate of Beaver High School, located in Beaver, Pennsylvania. Mary in Hogue Mary Jo Hogue joined The Eric Ryan Corporation in November of 2007. Ms. Hogue currently holds the position of Account Services Supervisor Telecom Division. Ms. Hogue, in her position as Account Services Supervisor of Telecommunications, is responsible for the management of the telecommunications daily bill processing and is responsible for making decisions related to the department's operational and personnel needs. Additional responsibilities include the day-to-day management of telecommunications auditors, account managers and team leads. Ms. Hogue's participation in the Port Authority's Utility Consulting project will include the above noted responsibilities which will require at a minimum two(2%) of each working day. Prior to joining The Eric Ryan Corporation, Ms. Hogue held various supervisor/management positions over the past 25 years along with 8 years at The Eric Ryan Corporation. Ms. Hogue attended Penn State University in Monaca, PA. and Community College of Beaver County in Monaca, PA. 24 " a,e 'i Venezie Valerie Venezie joined The Eric Ryan Corporation in November of 1997. Ms.Venezie currently holds the position as Telecom Auditing Supervisor. Ms.Venezie, in her position as Telecom Auditing Supervisor, is responsible for all aspects of the telecommunications bill auditing process including the implementation of recommendations from new audits. Ms.Venezie's responsibilities also include new client audits and ongoing audit reviews for Eric Ryan's telecommunications clients as well as audit training for ERC telecom account managers. Prior to joining The Eric Ryan Corporation, Ms.Venezie was involved in various business management activities. Ms.Venezie is a graduate of Lincoln High School, located in Ellwood City, Pennsylvania. Utility Department The Utility Department is staffed with individual who have gained the knowhow and experience and track record of delivering significant value to clients.The expectations of numerous government and Fortune 500 entities have been exceeded through services such as account, invoice, contract and procurement analysis.Those individuals who will take responsibility to achieve the goals set by the Collier County Board of Commissioners are as follows: Shannon Lee Shannon Lee joined Eric Ryan Corporation in September 2009. Ms. Lee currently holds the position as Vice President of Utility Services in the Utility Department. Ms. Lee, in her position as Vice President of Utility Services, is responsible for overseeing the Utility Department and the Account Managers to ensure the daily bills are processed and accounts are audited. Prior to joining Eric Ryan Corporation, Ms. Lee worked for H&R Block as a Tax Assistant. Ms. Lee was responsible for processing the client's tax returns into the computer software. Ms. Lee is a graduate of New Brighton High School located in New Brighton, PA. Ms. Lee also completed the Medical Transcription and Medical Billing courses at Community College of Beaver County. Stephanie Fuchs Stephanie Fuchs joined The Eric Ryan Corporation in April of 2008. Mrs. Fuchs currently holds the position of Utility Bill Management Supervisor. Mrs. Fuchs's primary responsibilities include the day-to-day management of the bill approval process.The responsibilities also include bill review, auditing approval, bill payment services, and overseeing the training of newly hired employees in the utility department. Prior to joining The Eric Ryan Corporation, Mrs. Fuchs was employed as a financial aid administrator with an online university. Mrs. Fuchs has a Bachelor of Science degree from Duquesne University in Education focusing on secondary mathematics.She is currently enrolled in Geneva College,where she is pursuing her Master's degree in Organizational Leadership. Bonnie Neese Bonnie Neese joined Eric Ryan Corporation in September 1998. Ms. Neese currently holds the position as an Auditor in the Utility Department. Ms. Neese, in her position as Auditor, is responsible for setting up utility billing data in system, researching rates, procurement opportunity, billing errors and finding creative ways to save. She works within a team of professional staff,tapping those resources as the audit progresses. In addition,she is responsible to communicate findings in writing, as well as,verbally to client. Finally,follow-up and implementation of recommendations agreed upon by client is a critical step;then sending final documentation to ERC Administration for invoicing. Prior to joining Eric Ryan Corporation, Ms. Neese worked for the Laurich Garage Doors as a secretary. Ms. Neese was responsible for placing orders with manufacturers, balancing the financial statements,filing and answering phone. Ms. Neese is a graduate of Upstate Medical Center;SUNY located in Syracuse, NY and received an Associate's Degree in Radiologic Technology. Katie Mohr o r Katie Mohr joined Eric Ryan Corporation in November2007. Ms. Mohr currently holds the position of Utility Account Manager in the Utility Department. Ms. Mohr, in her position,is responsible for overseeing that nine client's daily bills are processed and accounts are audited along with updating the ticket database. Prior to joining Eric Ryan Corporation, Ms. Mohr worked for McElwain Motors as a data entry specialist and debt collector. Ms. Mohr was responsible for processing the client's car purchases and payments into the computer software. Ms. Mohr is a graduate of Lincoln High School located in Ellwood City, PA. 25 Christopher Clark joined The Eric Ryan Corporation in January of 2006. Mr. Clark currently holds the position of Procurement Manager. Mr. Clark's primary responsibilities include purchasing all natural gas and electricity requirements for ERC customers located in deregulated markets across the United States. The responsibilities also include all aspects of writing and review requests for proposal, detailed cost analysis, and contract review. Mr. Clark also assists with the sales department for the Utility Division of ERC. Prior to joining The Eric Ryan Corporation, Mr.Clark was employed by a steel tubing manufacturer in northeast Ohio holding various positions in purchasing and daily production scheduling. Mr. Clark holds an Associate Degree in Business Administration from Geneva College. Mr. Clark also is licensed to sell residential and commercial real estate in Pennsylvania. Subcontractors Subcontractors will not be utilized for any portion of the scope of services described in the request for proposal, solicitation no. 17-7190; utility/telecommunications billing audit project. 26 Part Local Vendor r; Questions r information Requests Addressed hi This Section: • Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector for at least one year prior to proposal submission to do business within Collier County,and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. For the development of a shortlist,this evaluation criterion will be utilized by the COUNTY'S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Eric Ryan corporation 27 Locai Ven:_ or Preference Request:Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector for at least one year prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY'S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. The Eric Ryan Corporation is not eligible to claim local vendor preference status. 28 Pricing Proposal Eric Ryan Corporation 29 Should the Eric Ryan Corporation be chosen to provide services, in consideration of ERC providing the services described, Collier County(Client)will agree to pay to ERC a fee of twenty percent(20%)of all refunds/credits recovered as a result of efforts by ERC on Client's behalf.The same percent shall apply for twelve(12) months for all future billing reductions as a result of the efforts of ERC that are approved for implementation by Collier County beginning the first date said amount is invoiced by ERC,and as per the specifications of this RFP. • 30 .Eric Ryan Corporation 31 Coe-r County Administrative Services Department Praearement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR UTILITY/TELECOMMUNICATIONS BILLING AUDIT SOLICITATION NO.: 17-7190 RHONDA, FCCN, CPPT, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 RhondaBurns@acolliergov.net (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal,cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 1 32 Colter County Administrative Services Department Prvcunment Services Diywon Form 1:Vendor's Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive.Therefore,we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP,please indicate the reason(s)by checking the item(s)listed below and return this form via email noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3295 Tamiami Trail East, BLDG C-2,Naples,FL 34112. We are not responding to Solicitation 17-7190 Utility/Telecommunications Audit for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable(too vague,rigid.etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State,Zip: Telephone: Email: Representative Signature: Representative Name: Date 2 33 Cotter County Administrative Services Depa 11T ent Procurement Svices 7hisa Form 2:Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully,sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: LJ The Proposal has been signed. Lel All applicable forms have been signed and included,along with licenses to complete the requirements of the project, [ Any addenda have been signed and included. ALL PROPOSALS MUST HAVE THE REP NUMBER AND TITLE Name of Firm: The Eric Ryan Corporation Address: 1 Early Street,Suite A!P.O.Box 473 City.State,Zip: Ellwood City PA 16117 Telephone: _724-752-8900 Email: and, -itaericrvancom Sof Representative Signature: ,.. Ci —"f Representative Name: Mary A.DeCaria date 3 34 Colter County Adrmnistraiive Services Department Procurement Semoes thviwon Form 3:Conflict of Interest Affidavit The Vendor certifies that,to the best of its knowledge and belief,the past and current work on any Collier County project affiliated with: 17-7190 does not pose an organizational conflict as described by one of the three categories below: Biased ground rules –The firm has not set the "ground rules" for affiliated past or current Collier County project identified above(e.g.,writing a procurement's statement of work, specifications,or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity–The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals I past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information–The firm has not had access to nonpublic information as part of its performance.of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/vendor must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual. organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: The Eric Ryan tion /SW 4 Signature and Date: :.rrL —_ ra ^ f1 .lt_4111111Mififfik Print Name:_Mary A. aeCaria Title of Signatory: CFO l it}Mot\444-A-1-4- -State of t ij Lt 4 A County of tz1ft 3e. .. SUBSCRIBED AND SWORN to before me this � ' day of S E(P"-r cn b tC. .20 1 1 by r c. (Y p , i) ,who is personally known to me to be the for the Firm,OR who produced the following identification. Notary Public Commission Expiration NOTARIAL SEAL BERNPSjE ryC.HONSAIC>*R public ELL.YL?ClT`(,LAWRSNGE 99• 2020 my Ctission BxPes March 4 35 Co �ter County Administrative Services Department peecorement Sernoss Division Form 4:Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 RE: Solicitation: 17-7190 Utilitylrelecommunication Billing Audi Dear Commissioners: The undersigned,as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Vendor agrees, if this proposal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by the above referenced Solicitation. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 13 day of_September_,2017 in the County of Lawrence,in the State of Pennsylvania. Firm's Legal Name: The Eric Ryan Corporation Address: I Early Street,Suite A/P.O.Box 473 City,State,Zip Code: Ellwood City PA 16117 Florida Certificate of #F08000003913 Authority Document Number Federal Tax Identification #25-1744565 Number _ *CCR#or CAGE Code 5TEK9 *Only if Grant Funded Telephone: 724-752-8900 Signature by: ' Mary A.DeCaria (Typed and written) Title: CFO 1111 36 Additional Contact Information Send payments to: The Eric Ryan Corporation (required if different from Company name used as payee above) Contact name: Amy Yaromey Title: Accounts Receivable Address: P.O.Box 473 /1 Early Street,Suite A City,State,ZIP Ellwood City PA 16117 Telephone: 724-758-2921 Email: ayaromey@ericryan.com Office servicing Collier same County to place orders (required if different from above) Contact name: Title: Address: City,State,ZIP Telephone: Email: 6 37 Cofer county Administrative Services Department Procurement So vices DmsiOn Form 5:Immigration Affidavit Certification Solicitation: 17-7190 Utility/Telecommunications Billing Audit This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal Request for Proposals(RIP)submittals. Further,Vendors are required to enroll in the E-Verify program,and provide acceptable evidence of their enrollment,at the time of the submission of the Vendor's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Vendor's proposal as non-responsive. Collier County will not intentionally award County contracts to any Vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C.Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's proposal. Company Name The Eric Ryan Corporation Print Name A.DeCaria Title_CFFO9-18-1 00Date Signature o,,}p}ofi�` County of i t?w,'?F n1 t' The foregoing instrument was signed and acknowledged before me this Ipp day ofSt'r;- cit t 4 t~ ,20 t ,by r}t-&•/ })f ("`t.;t,e-t A who has produced ire 5d S cf..;6i-toy l o 4-s~1J as identification. Print or Type Liam (Type of Identification and Number) C. /Notary Public Signature NOTARIAL SEAL r7 { BERNADEITE C.HONSAKER ' f ni,d 3�rrt 1 ,`; •K t.,ic.. Notary Public Printed Name of Notary Public/10)-o ELLWOOD CITY,LAWRENCE COUNTY J 3 lir{ My Commission Exprires March 19,2020 Notary Commissi n Number/Expiration The signee of this Affidavit guarantees.as evidenced by the sworn affidavit required herein.the truth and accuracy of this affidavit to interrogatories hereinafter made. 7 38 1lIIIM sr t E-Verairy a Company ID Number: 229251 Information Required for the E-Verify Program Information relating to your Company: The Eric Ryan Corporation Company Name 1 Early Street, Suite A Ellwood City, PA 16117 Company Facility Address P.O. Box 473 Ellwood City, PA 16117 Company Alternate Address County or Parish LAWRENCE Employer Identification Number 251744565 North American Industry 541 Classification Systems Code Parent Company Number of Employees 20 to 99 Number of Sites Verified for 1 39 Colter Goittty Adm i ab,e&rams Department Precurarrai .;ion Form 6:Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) requires that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name The Eric Ryan Corporation (as shown on income tax return) Business Name(if different from taxpayer name) Address 1 Early Street,Suite A City Ellwood City State Pennsylvania Zip 16117 Telephone_724-752-8900 ericrvancorporation@ericryan.com 8 40 Email Order Information Remit/Payment Information Address_P.O.. Box 473 Address_P.O Box 47 City Ellwood State PA Zip 16117- City Ellwood City State PA_ Zip16117_ City Email_ericryancorporation ceericryan.com_ Email_ericryancorporation<r�c�,ericryan.com_ 2. Company Status(check only one) Individual/Sole Proprietor x Corporation _Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification =Dicreearded Entih'. C=Corporation. P=Partnershinl 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 25-1744565_ (Vendors who do not have a TIN.will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties. .erjury, I certify that the information hown on this form is correct to niP knowledge. Signatu �_. Date --6 TitleId Phone Number_724-752- CFO 8999 9 41 Cir e-r Co14 ty Administrative Services Department Procurement SeMces Division Form 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ® Employer's Liability $100,000 single limit per occurrence 3. /1 Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendorNendor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Vendor or anyone employed or utilized by the ContractorNendorNendor in the performance of this Agreement. 5. ® Automobile Liability $500,000 Each Occurrence; Bodily Injury & Property Damage. Owned/Non-owned/Hired;Automobile Included 6. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑Pollution $ Per Occurrence ®Professional Liability $1,000,000 Per claim&in the aggregate ❑ Project Professional Liability$ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 7. ❑Bid bond Shall be submitted with proposal response in the form of certified funds, 42 cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street,New York,New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. I I. Z The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 12. ® Thirty(30) Days Cancellation Notice required. RLC 7/20/2017 Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5) days of the award of this solicitation. ) Name of Firm The . ' 'yan Corporatin_ Date / /H"1 ... 1011 Vendor Signature --'- Print Name Mary A. DeCaria • Insurance Agency _Nationwide—Beth Hazen Agency �_. Agent Name Beth Hazen Telephone Number_724-758-3227_ 43 Collier County Administrative Services Department Procurement Services Division Form 8:Reference Questionnaire Solicitation: 17-7190 Utility/Telecommunications Billing audit Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: 3 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed(and would hire the firm/individual again) and 1 representing that you were very unsatisfied(and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area,leave it blank and the item or form will be scored"0."(Please note,references from Collier County staff will not be accepted.) Project Description: _telecommunications invoice Completion Date: active contract audit Project Budget: Project Number of Days: Item Citeria Score 1 Ability to manage the cost to perform the service (minimize change orders to scope). 2 Ability to maintain schedule(complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Administration(completed documents,final invoice,final product turnover;invoices; manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected circumstances. 9 Ability to follow contract documents,policies,procedures,rules,regulations,etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS(Maximum 100 Points) 44 1 ! ..., Report : to :iications (, v. 4 ,,,- 0. Eric Ryan Corporation 45 O 4 Eric Ryan rpora tion Telecommunications Cost Reduction Recommendations For: Confidential 46 i Telecommunications Analysis 5/17/2017 ( ERC . ,..,..",,, ..,..,...„4,0„,,„r, Local Analysis Carrier: Status/Credits: Account: Status/Futures: Pending Subaccount: Credit Amount: $0.00 Ticket#: Future Monthly Savings: $385.90 Telco Type: Future Monthly Savings Annualized: $4,630.80 Telephone No.Or Circuit ID: Issue: There are two Foreign Exchange trunks from that run to and bill$385.90 monthly. These lines answer in a VRU as Recommendation: ERC recommends that you evaluate the need to keep these FX lines with this monthly expense due to Long Distance costs now being low as well as the use of Cell Phones which would eliminate or reduce the cost to the caller. Resolution: Steps Taken: 4/24/2017-Verified FX trunks are served from Total bill is$385.90. Carrier: Century Link Status/Credits: Account: K9706250156997M Status/Futures: Approved Subaccount: Credit Amount: $0.00 Ticket#: 37920 Future Monthly Savings: $140.40 Telco Type: Local Future Monthly Savings Annualized: $1,684.80 Telephone No.Or Circuit ID: "101T1ZFRIFLCOCEHAA RIFLCOMADCO" Issue: The T-1 for voice from Century Link is not on the contract from CL. Recommendation: ERC recommends adding this T-lto the master contract. This renews annually for 5 consecutive years(Year 2 just began on 3/1/2017).NOTE:if this is disconnect prior to 3/1/2018 there will be Termination Liability. Resolution: Added T-1 to contract. Steps Taken: 4/25/2017-Call with Century Link Master contract rate of$295 vs$430 billing today for$135 monthly savings+4%tax=$140.40. JK 5/1/2017-approved by Carrier: Century Link Status/Credits: Account: Status/Futures: Approved Subaccount: Credit Amount: $0.00 Ticket#: Future Monthly Savings: $738.84 Telco Type: Local Future Monthly Savings Annualized: $8,866.08 Telephone No.Or Circuit ID: Issue: The three(3)ISDN PRI from Century Link are not under the Century Link Master Contract. Recommendation: ERC recommends adding these ISDN PRI onto the master contract. This renews annually for 5 consecutive years (Year 2 just began on 3/1/2017). NOTE: if any ISDN PRI are disconnected prior to 3/1/2018,there would be Termination Liability. Resolution: Added ISDN PRI to contract. Steps Taken: 4/25/2017-Call with provided ISDN PRI rate of$295 on Master contract vs$530.85 billed today. Savings is$235.85 x 3= $705.00 monthly+4%tax=$733.20.JK 5/10/2017- •approved adding ISDN PRI to the State of Colorado contract for discounts. JK 05/17/2017 1 47 Carrier: Century Link Status/Credits: Account: Status/Futures: Approved Subaccount: Credit Amount: $0.00 Ticket#: Future Monthly Savings: $2,141.40 Telco Type: Local Future Monthly Savings Annualized: $25,696.80 Telephone No.Or Circuit ID: All POTS on Century Link bills. See line list for all TN's. Issue: There are Century Link POTS lines that are not under a discount agreement. Recommendation: ERC spoke with who sent pricing. We recommend putting all POTS possible under Century Link Master contract. It is only a 12-month term-renews annually for 5 consecutive years(just began year two on 3/1/2017). No Termination Liability for disconnecting POTS lines. Resolution: added 58 lines to State of Colorado contract. Steps Taken: 4/25/2016-will get proposal from Century Link for savings. There are 58 eligible lines not under the State of CO plan. Calculated monthly savings at$1.982.78+8%tax=$2,141.40 JK. 5/10/2017-approval from: to add POTS lines to contract. Local Savings Summary: Credit Amount: $0.00 Annual Savings: $40,878.48 Total Combined First Year Savings: $40,878.48 (Refunds and Future Savings) Long Distance Analysis Carrier: Century Link Status/Credits: Account: Status/Futures: Approved Subaccount: Credit Amount: $0.00 Ticket#: Future Monthly Savings: $96.83 Telco Type: Long Distance Future Monthly Savings Annualized: $1,161.96 Telephone No.Or Circuit ID: See Line List for actual TN's. Issue: There are six Century Link accounts that bill separately for Long Distance. These lines should be moved over to the Century Link LD account that bills at$0.04 per MOU. Recommendation: ERC can have these lines moved to the main account and reduce the months costs. See Steps Taken. Resolution: Steps Taken: -Savings$17.76 -Savings$7.00 -Savings$8.40 -Savings$19.56 -Savings$24.84 -Savings$19.27 Total monthly$96.83(includes taxes) 5/15/2017- approved these changed. 5/16/2017-sent list to at Century Link to see what has to be done to get this implemented. Long Distance Savings Summary: Credit Amount: $0.00 Annual Savings: $1,161.96 Total Combined First Year Savings: $1,161.96 (Refunds and Future Savings) 05/17/2017 2 48 Data Analysis Carrier: Century Link Status/Credits: Account: Status/Futures: Subaccount: Credit Amount: $0.00 Ticket#: Future Monthly Savings: $0.00 Telco Type: Data Future Monthly Savings Annualized: $0.00 Telephone No.Or Circuit ID: Issue: Century Link bills$827.20 monthly for Metro Optical Ethernet. The circuits are noted as being under a 12-month agreement,but the expiration date is not provided. Recommendation: ERC send an e-mail to the Account Manger to determine if these are still under contract/state contract or if they need to be renewed. Resolution: Circuit is for 9-1-1 and my be removed. Already in discussion with Century Link. Steps Taken: 5/9/2017-No savings identified at this time. Will update if rates change. JK 5/15/2017-Call with This is 9-1-1 and may be disconnected. JK Carrier: Cedar Networks Status/Credits: Account: Status/Futures: Subaccount: Credit Amount: $0.00 Ticket#: Future Monthly Savings: $0.00 Telco Type: Data Future Monthly Savings Annualized: $0.00 Telephone No.Or Circuit ID: Issue: ERC did not receive a copy of the Cedar Networks contract to verify that the rates are billing correctly. Recommendation: ERC would like a copy of the contract to verify rates. If this is not under contract,we can try to negotiate better rates. Resolution: Only provider in this area. Steps Taken: 5/3/2017-Need copy of contract to verify rates. JK No savings estimated. Will update if errors are found. JK Data Savings Summary: Credit Amount: $0.00 Annual Savings: $0.00 Total Combined First Year Savings: $0.00 (Refunds and Future Savings) Internet Analysis Carrier: Century Link Status/Credits: Account: Status/Futures: Pending Subaccount: Credit Amount: $0.00 Ticket#: Future Monthly Savings: $50.00 Telco Type: Internet Future Monthly Savings Annualized: $600.00 Telephone No.Or Circuit ID: see line list. Issue: There are multiple DSL accounts billed by Century Link. The account manager is looking into discounts that could apply. should verify if all services are needed. Recommendation: Verify if DSL is still needed at these locations. If Century Link does have discounts,then all DSL that are still needed should be put under a contract. -UPDATE: Contract rates are higher. Resolution: Steps Taken: 4/19/2017 Discussion with Account Manger about discounts-he will investigate and advise. (sent follow-up on 5/3/2017). Estimating$50 only until I get the rates and DSL are verified. JK 5/8/2017-Received Century Link pricing and it is all higher than what is billed today. -Still Verify if DSL is needed. Internet Savings Summary: Credit Amount: $0.00 Annual Savings: $600.00 Total Combined First Year Savings: $600.00 (Refunds and Future Savings) 05/17/2017 3 49 Cellular Analysis Carrier: Verizon Wireless Status/Credits: Account: Status/Futures: Pending Subaccount: Credit Amount: $0.00 Ticket#: Future Monthly Savings: $1,173.48 Telco Type: Cellular Future Monthly Savings Annualized: $14,081.76 Telephone No.Or Circuit ID: SEE Cellular Savings Analysis Excel Sheet. Issue: Across three cellular accounts there are 31 lines with zero usage. Recommendation: Determine the necessity of the lines and disconnect any not currently in use. Resolution: Steps Taken: 4-26-17:We contacted the client for information on a Verizon Wireless rep to facilitate the completion of Cellular Optimization reports. provided contact information for at Verizon Wireless. JC 4-27-17:I emailed asking him if he could give us a price plan analysis and provide the contract for approved providing us information on the accounts. sent us a copy of the contract which includes all available price plans for the three accounts. JC 4-28-17:I asked for usage reports for all three accounts including Mobile Hot Spot Usage. provided a usage report for all three accounts. JC 5-04-17:I created a line list to record information for each of the account and compared usage with reported usage on invoices. I found 31 lines across the three accounts that did not appear to have any usage. Five lines on account which have a monthly spend of$138.95. Three lines on account which have a monthly spend of$151.84. Twenty-three lines on account which have a monthly spend of$882.69. It is vital the client determine 100%if the lines are in use or not before placing a disconnect request. JC 5-15-17:This information was sent to the client to review.JC Carrier: Verizon Wireless Status/Credits: Account: Status/Futures: Pending Subaccount: Credit Amount: $0.00 Ticket#: Future Monthly Sayings: $370.00 Telco Type: Cellular Future Monthly Savings Annualized: $4,440.00 Telephone No.Or Circuit ID: SEE Cellular Savings Analysis Excel Sheet. Issue: On two cellular accounts,there are 37 lines paying for a mobile hot spot feature that may not be in use on their smartphones. Recommendation: Determine the necessity of the feature,and remove from any devices not currently utilizing the Mobile Hot Spot. Resolution: Steps Taken: 4-26-17:We contacted the client for information on a Verizon Wireless rep to facilitate the completion of Cellular Optimization reports. provided contact information for at Verizon Wireless, JC 4-27-17:1 emailed asking him if he could give us a price plan analysis and provide the contract for approved providing us information on the accounts. sent us a copy of the contract which includes all available price plans for the three accounts. JC 4-28-17:I asked for usage reports for all three accounts including Mobile Hot Spot Usage. provided a usage report for all three accounts.On the report provided there was no MHS usage on any of the devices.However it must be determined by user if this information is accurate. Each of the smartphones is on an unlimited data plan. On such plan,the MHS usage may not register. JC 5-15-17:This informaiton was sent to the client to review.JC Cellular Savings Summary: Credit Amount $0.00 Annual Savings: $18,521.76 Total Combined First Year Savings: $18,521.76 (Refunds and Future Savings) 05/17/2017 4 50 Ring No Answer Analysis Carrier: Century Link Status/Credits: Account: Status/Futures: Pending Subaccount: Credit Amount: $0.00 Ticket#: Future Monthly Savings: $2,925.05 TelcoTvpe: Ring No Answer Future Monthly Savings Annualized: $35,100.60 Telephone No.Or Circuit ID: See Line List for all RNA's. Issue: There are 62 Century Link POTS lines that are Ring-No Answer. NOTE: Some of the lines are under contract but there is no Termination Liability on POTS lines billed under the CL contract. Recommendation: ERC recommends that you verify the need for each of these lines and disconnect any that are no longer needed. NOTE: some of these lines are on to be added to the Century Link contract. Savings will be adjusted as changes are made; i.e. Disconnected/added to the contract. Resolution: Steps Taken: 5/9/2017-Added lines from the Century Link CSR download for • We did not receive bills for some of these lines. Current savings is calculated as: 62 lines @ various rates=$2,3853.89+fees/surcharges at 6%=$2,529.05 JK Ring No Answer Savings Summary: Credit Amount: $0.00 Annual Savings: $35,100.60 Total Combined First Year Savings: $35,100.60 (Refunds and Future Savings) Total Telecommunications Savings Identified: (Does NOT include Ring No Answer Savings) Credit Amount: $0.00 Annual Savings: $61,162.20 Total Combined First Year Savings: $61,162.20 (Refunds and Future Savings) 05/17/2017 5 51 @..) o r @) b C E., b Efy b 6 6q 2.9 , 69 td 25 v E P 8 '� b d d �4` d �`p (J U co U co Y •? Y V Of Y N N > uAoopneaJu wo S o EA 5 a s .a o u en 7 ' o d 2 up GaN 9P. 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U U ) U U \ ) \ \ 3 G \ 63 co 0 0 c O 0 0 0 A 0 O U C O. O 9 C N � s. � J C � • O W U O is g E -4 J.R u W 21 c a O 0 - w V q > d g O G q at '00 � 2 y 'O •EE • 0 E CU o .] T 2 78d • C 'O W U 3 (mil $ T C O 'O .� C co .5 u IS w o .5 It 'g ' ow C a Ns, ° c zU Q C ° R C E 3 U 6 W 64 - k Ryan Corporation 65 Eric Ryan Corporation Utility Cost Reduction Recommendations For: Confidential 66 Utility Analysis- 6/1/2017 l Electric Analysis Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: 1 Credit Amount: $0.00 Estimated Annual Usage: 8,400,000 kWh Future Monthly Savings: $0.00 Rate Class: GSD 360 Primary Future Month y Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24140 Declined Credit Amt: $0.00 Issue: Account may benefit by changing from rate GSD 360 Primary to GSDT 362 Primary. Recommendation: Account to remain on current rate. Resolution: Utility used actual interval data and found no savings on rate 362. Stens Taken: 4/11/2013 Utility offers a time of use rate for those services whose energy usage can fall predominantly in the off peak hours. Peak Hours are noted as: April-October(M-Friday) noon to 9pm Nov-March(M-Friday)6am to 10am, 6pm to 10pm Sending this account to ERC Rate Specialist for review. 27%on peak/73%off peak $1,505.76(.5%)savings/yr 25%on peak/75%off peak $3,062.72(1%)savings/yr Any shift of load with(on peak)greater than 29%,a loss would occur. Client would need to actively participate in shifting energy into the off-peak hours to benefit the most from the time of use rate. A call has been placed with Utility Account Manager XXXXXX. ERC wants to know if interval data has been captured on this meter to better run a rate analysis. 5/22/2013 Audit presented. Once ERC receives interval data,an analysis will be done with actual data then report sent to xxxx. 6/3/2013 Sent Utility,XXXXXX,another e-mail requesting the interval data. He responded it should come in the next couple days. 6/7/2013 Recd information from Utility. Using actual interval data,Utility has calculated an annual loss of$987.64 annually on time of use rate 362. 67 Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: Credit Amount: $0.00 Estimated Annual Usage: 24,000,000 kWh Future Monthly Savings: $0.00 Rate Class: GSD 360 Primary Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24142 Declined Credit Amt: $0.00 Issue: Account may benefit by changing from rate GSD 360 Primary to GSDT 362 Primary. Recommendation: Account to remain on current rate. Resolution: Utility used actual interval data and determined current rate to be the best. Steps Taken: 4/11/2013 Utility offers a time of use rate for those services whose energy usage can fall predominantly in the off peak hours. Peak Hours are noted as: April-October(M-Friday) noon to 9pm Nov-March(M-Friday)6am to 10am, 6pm to 10pm Sending this account to ERC Rate Specialist for review. 27%on peak/73%off peak $9,755.27(.5%)savings/yr 25%on peak/75%off peak $19,918.58(1%)savings/yr Any shift of load with(on peak)greater than 29%,a loss would occur. Client would need to actively participate in shifting energy into the off-peak hours to benefit the most from the time of use rate. A call has been placed with Utility Account Manager,XXXXXX. ERC wants to know if interval data has been captured on this meter to better run a rate analysis. 5/22/2013 Audit presented. Once ERC receives interval data,an analysis will be done with actual data then report sent to XXXX. 6/3/2013 Sent Utility,XXXXXX,another e-mail requesting the interval data. He responded it should come in the next couple days. 6/7/2013 Rec'd information from Utility. Using actual interval data,Utility has calculated an annual loss of$6,298.73 annually on the time of use 362 rate. 68 Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: Credit Amount: $0.00 Estimated Annual Usage: 5,160,000 kWh Future Monthly Savings: $0.00 Rate Class: GSD 360 Secondary Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24150 Declined Credit Amt: $0.00 Issue: Account may benefit by changing from rate GSD 360 to GSDT 362. Recommendation: Account to remain on current rate. Resolution: Utility used actual interval data and determined account on best rate. Steps Taken: 4/15/2013 Utility offers a time of use rate for those services whose energy usage can fall predominantly in the off peak hours. Peak Hours are noted as: April-October(M-Friday) noon to 9pm Nov-March(M-Friday)6am to 10am, 6pm to 10pm Sending this account to ERC Rate Specialist for review. 27%on peak/73%off peak $2,083.44(.5%)savings/yr 25%on peak/75%off peak $4,285.64(1%)savings/yr Any shift of load with(on peak)greater than 29%,a loss would occur. Client would need to actively participate in shifting energy into the off-peak hours to benefit the most from the time of use rate. A call has been placed with XXXXXX. ERC wants to know if interval data has been captured on this meter to better run a rate analysis. 5/22/2013 Audit presented. Once ERC receives interval data,an analysis will be done with actual data then report sent to XXXX. 6/3/2013 Sent Utility,XXXXXX another e-mail requesting the interval data. He responded it should come in the next couple days. 6/7/2013 Recd information from Utility. Using actual interval data,Utility has calculated an annual loss of$1,529.08 annually on the time of use rate. • Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: Credit Amount: $0.00 Estimated Annual Usage: 8,400,000 kWh Future Monthly Savings: $0.00 Rate Class: GSD 360 Primary Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24158 Declined Credit Amt: $0.00 Issue: Sales Tax Recommendation: No action needed. Resolution: No sales tax found on any utility bill provided. Steps Taken: 4/15/2013 Client has noted that they are 100%exempt from sales tax. ERC has reviewed all bills provided and found no sales tax billed on any electric,gas or water. 69 Utility Company: Status/Credits: Service Address: Status/Futures; Account Number: Credit Amount: $0.00 Estimated Annual Usage: 8,400,000 kWh Future Monthly Savinas: $0.00 Rate Class: GSD 360 Primary Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#• 24163 Declined Credit Amt: $0.00 Issue: Multiple accounts may realize savings by shopping with an alternate supplier. Recommendation: No action at this time. Resolution: State of XXXX is considered regulated,not permitting the competitive shopping of generation. Steps Taken: 4/16/2013 Researched pricing electric in the state of XXXX State is considered regulated,not permitting competitive shopping. Utility Company: Status/Credits: Service Address: Status/Futures: Declined Account Number: Credit Amount: $0.00 Estimated Annual Usage: 0 kWh Future Monthly Savings: $0.00 Rate Class: GSDT 362 Future Monthly Savinas Annualized: $0.00 Meter: Declined Monthly Amt: $133.33 Ticket#: 24174 Declined Credit Amt: $0.00 Issue: Account has shown no usage for the last 12 months. Recommendation: Close this account if not needed. Resolution: Client reported this is an important backup service and should not be shut down. Steps Taken: 4/16/2013 Discuss at time of audit presentation to determine what this account services and if meter can be shut off. Monthly customer fee plus gross receipts$133.33. Annual savings$1,599.96 5/22/2013 Audit presented. Client to investigate and report to ERC if meter can be shut off. 6/3/2013 Sent a follow-up e-mail to XXXX 6/28/2013 XXXXXX responded that he will be out of office until July 8th and will handle issue on his return. 7/19/2013 ERC requesting sales person contact client. 8/1/2013 Recd e-mail from client stating this is a back-up service feed for critically important electric service to the Northwest location in the event of one service feed fails. 70 Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: Credit Amount: $0.00 Estimated Annual Usage: 132,240,753 kWh Future Monthly Savings: $0.00 Rate Class: GSDT 360 Primary Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24184 Declined Credit Amt: $0.00 Jasue: Confirm billing on GSDT 362 offers best cost. Recommendation: Account to remain on current rate. (see attached analysis) Resolution: Confirmed the account is currently on the best rate available based on usage. Steps Taken: 4/18/2013 Utility offers a time of use rate for those services whose energy usage can fall predominantly in the off peak hours. Peak Hours are noted as: April-October(M-Friday) noon to 9pm Nov-March(M-Friday)6am to 10am, 6pm to 10pm This service averages,using actual bills provided,a split of 28%(on-peak)and 72%(off-peak). An analysis comparing current time of use rate with the straight GSD rate shows an estimated annual savings of$25,309.09. i itility cnmpany. Status/Credits: cr.rvirp AririrPcc• Status/Futures: Account Number: Credit Amount: $0.00 Estimated Annual Usage: 531,760 kWh Future Monthly Savings: $0.00 Rate Class: GSDT 362 Secondary Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24186 Declined Credit Amt: $0.00 Issue: Confirm billing on GSDT 362 offers best cost. Recommendation: Account to remain on current rate. (see attached analysis) Resolution: Confirmed the account is currently on the best rate available based on usage. Steps Taken: 4/18/2013 Utility offers a time of use rate for those services whose energy usage can fall predominantly in the off peak hours. Peak Hours are noted as: April-October(M-Friday) noon to 9pm Nov-March(M-Friday)6am to 10am, 6pm to 10pm This service averages,using actual bills provided,a split of 27%(on-peak)and 73%(off-peak). An analysis comparing current time of use rate with the straight GSD rate shows an estimated annual savings of$572.08. 71 Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: Credit Amount: $0.00 Estimated Annual Usage: 16,752,506 kWh Future Monthly Savings: $0.00 Rate Class: GSD 360 Primary Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24190 Declined Credit Amt: $0.00 Issue: Account may benefit by changing from rate GSD 360 to GSDT 362. Recommendation: Account to remain on current rate. Resolution: Utility,using actual interval data,has determined current rate to be the best. Steps Taken: 4/18/2013 Utility offers a time of use rate for those services whose energy usage can fall predominantly in the off peak hours. Peak Hours are noted as: April-October(M-Friday) noon to 9pm Nov-March(M-Friday)6am to 10am, 6pm to 10pm Sending this account to ERC Rate Specialist for review. 27%on peak/73%off peak $6,692.34(.5%)savings/yr 25%on peak/75%off peak $13,664.62(1%)savings/yr Any shift of load with(on peak)greater than 29%,a loss would occur. Client would need to actively participate in shifting energy into the off-peak hours to benefit the most from the time of use rate. A call has been placed with Utility Account Manager,XXXXXX. ERC wants to know if interval data has been captured on this meter to better run a rate analysis. 5/22/2013 Audit presented. Once ERC receives interval data,an analysis will be done with actual data then report sent to XXXX. 6/3/2013 Sent Utility,XXXXXXi,another e-mail requesting the interval data. He responded it should come in the next couple days. 6/7/2013 Rec'd information from Utility. Using actual interval data,Utility has calculated an annual loss of$4,540.43 annually on the time of use rate. 72 Utility Company: Status/Credits: Service Address: Status/Futures: Actual Account Number: Credit Amount: $0.00 Estimated Annual Usage: 8,312,867 kWh Future Monthly Savinas: $17.46 Rate Class: GSD 360 Secondary Future Monthly Savings Annualized: $209.52 Meter: Declined Monthly Amt: $0.00 Ticket#: 24139 Declined Credit Amt: $0.00 Issue: Account may benefit by changing from rate GSD 360 to GSDT 362. Recommendation: Install interval data meter to determine on/off peak usage. (see attached analysis) Resolution: Received 20 day prorated bill,dated 9/19/13 on new rate GSDT 362 Steps Taken: 4/11/2013 Utility offers a time of use rate for those services whose energy usage can fall predominantly in the off peak hours. This meter services dorms,lift pump,chillers and parking lot. Peak Hours are noted as: April-October(M-Friday) noon to 9pm Nov-March(M-Friday)6am to 10am, 6pm to 10pm Sending this account to ERC Rate Specialist for review. 27%on peak/73%off peak $3,305.53(.5%)savings/yr 25%on peak/75%off peak $6,799.49(1%)savings/yr Any shift of load with(on peak)greater than 29%,a loss would occur. Client would need to actively participate in shifting energy into the off-peak hours to benefit the most from the time of use rate. A call has been placed with Utility Account Manager,XXXXXX ERC wants to know if interval data has been captured on this meter to better run a rate analysis. 5/22/2013 Audit presented. Once ERC receives interval data,an analysis will be done with actual data then report sent to XXXX. 6/3/2013 Sent Utility,XXXXXX,another e-mail requesting the interval data. He responded it should come in the next couple days. 6/7/2013 Recd information from Utility. Using actual interval data,Utility has calculated an annual savings of$16,830.77 annually using actual interval date.Secondary GSD 360 vs GSDT 362. ERC sent e-mail to XXXX recommending the rate be switched to the time of use 362. Waiting for approval from XXXX to change rate. 6/24/2013 Sent another e-mail to client reviewing ERC recommendations. 6/25/2013 XXXX returned e-mail reporting they are working on the rate change issue for implementation. ERC explaining that we can implement the rate change. The interval data is already in place. 6/28/2013 XXXXXX responded that he will be out of office until July 8th and will handle issue on his return. 7/19/2013 ERC requesting sales person contact client. 8/5/2013 Client has approved rate change. ERC has requested rate change with Utility rep XXXXXX and notified client. 9/3/2013 Left msg with Utility rep,XXXXXXasking for status update. ERC is looking for the rate to be changed on the September billing. 9/4/2013 Utility rep,XXXXXX responded and confirmed rate has been changed and will be found on September billing. 10/15/2013 Client sent a prorated 20 day bill on GSDT 362 rate 11/1/2013 An e-mail has been sent to Utility rep,XXXXXX,asking when account was switched to a Primary Service. ERC is reviewing savings calculations to determine why savings is only$17.46/month and not$1,402.56/month as calculated by Utility. 73 WAITING TO HEAR BACK FROM Utility WHY SAVINGS DOES NOT MEET THEIR CALCULATIONS. 11/19/13 Received email from XXXXXX requesting additional information regarding the invoice they currently have.ERC is still reviewing this matter. ERC asked XXXXXXif they own their own transformer.Waiting for his reply. 12/10/2013 Sent another email to XXXXXX account rep for Utility requesting information on the primary rate for this location. He never responded to the email sent on 11/1/2013. Called account rep,Drew. He reported this account was on a secondary rate until May 2013(IN ERROR). It should have been on a Primary Rate since it was opened in 2008. A credit was applied to the account in the amount of$56,757 due to this error. Conversation continued,to determine what caused the review of Secondary/Primary service. XXXXXX reported that his records only stay in system for 3 months. He is going to look into the matter and get back to us. He quickly ran a rate analysis and reported a savings of$325.90 for the last three months on the TOU rate. He also estimated a $1,000/month savings on the Primary. ERC is investigating to determine if it was due to our auditing/questioning rates on this account that caused the discovery that it should have been billed on the Primary Service Rate all along. Utility Company: Status/Credits: Actual Service Address: Status/Futures: Actual Account Number: Credit Amount: $56,757.62 Estimated Annual Usage: 8,312,867 kWh Future Monthly Savings: $1,687.52 Rate Class: GSD 360 Secondary Future Monthly Savings Annualized: $20,250.24 Meter: Declined Monthly Amt: $0.00 Ticket#: 27082 Declined Credit Amt: $0.00 Issue: Secondary Service GSD 360 to a Primary Service GSD 360 Recommendation: Switch billing from a Secondary Service to a Primary service. (see attached analysis) Resolution: Received bill dated 7/19/2013 with credit applied in the amount of$56,757.62 due to service billed incorrectly as a Secondary Service;should have been a Primary Service since 2008. Steps Taken: 12/10/2013 Refer to ticket#24139 for background steps taken. After discussing account again with Utility manager,XXXXXX it was determined account should have been billed as a Primary Service since set-up in 2008. This discovery occurred due to ERC investing rates during the audit process beginning in April 2013 and a credit was given in the amount of$56,757 for this billing error sometime in May or June 2013. Utility(in May or June 2013)began to bill as a Primary Service instead of the Secondary Service. 12/16/2013 XXXXXX requesting bills again. 12/17/2013 Received bill dated 5/20/2013 with account switched to Primary Rate Received bill dated 7/19/2013 with credit applied in the amount of$56,757.62 due to service billed incorrectly as a Secondary Service;should have been a Primary Service since 2008. Electric Savings Summary: Credit Amount $56,757.62' Annual Savings: $20,459.76 Total Combined First Year Savings: $77,217.38 (Refunds and Future Savings) Total Declined Monthly Amt $133.33 Total Declined Credit Amt $0.00; 74 Gas Analysis Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: Credit Amount: $0.00 estimated Annual Usage: 351,311 Dth Future Monthly Savings: $0.00 Rate Class: Small Interruptible SIS Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24153 Declined Credit Amt: $0.00 Issue: Verify multiple gas accounts are on the best rate available for usage. Recommendation: Accounts to remain on current rate. Resolution: Confirmed accounts are currently on the best rate available based on usage. Steps Taken: 4/15/2013 Research the utilites rate schedule in order to determine if multiple accounts are on the best rate available for delivery. According to the tariff,rates are determined by annual usage and how gas is used and if there is back-up energy. GS-2 Annual usage 1;000 to 4,999 dth/yr GS-3 Annual usage 5,000 to 24,999 dth/yr GS-4 Annual usage 25,000 and 49,999dth/yr GS-5 Annual usage exceeds 50,000 dths/yr Small Interruptible Service SIS Annual usage 100,000 dth to 399,999 dths/yr ERC has determined accounts to be billed correctly. Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: Credit Amount: $0.00 Estimated Annual Usage: 351,311 Dth Future Monthly Savinas: $0.00 Rate Class: Small Interruptible SIS Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24164 Declined Credit Amt: $0.00 Issue: Multiple accounts may realize savings by negotiating new contract. Current contract expires 4/30/2016. Recommendation: No action at this time. Resolution: Unable to price,accounts under contract until 2016. Steps Taken: 4/16/2013 XXXX Power&Light Energy Services contract provided by client for review of possible additional savings. Index FGT Zone 3 plus $0.067/therm. Deal#1 8/1/11 to 7/31/12 @$5.44/dth Deal#2 8/1/11 to 7/31/13 @$5.63/dth first tier Deal#3 8/1/12 to 7/31/14 @$4.27/dth second tier After further review of these accounts with Procurement Supervisor,it has been determined accounts are currently under contract until 4/2016. 75 Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: Credit Amount: $0.00 Estimated Annual Usage: 351,311 Dth Future Monthly Savinasz, $0.00 Rate Class: Small Interruptible SIS Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24165 peclined Credit Amt: $0.00 Issue: Verify gas accounts are billed correctly according to supply agreement. Recommendation: No action at this time. Resolution: Confirmed accounts billed correctly according to the supply agreement. Steps Taken: 4/16/2013 XXXX Energy Services gas agreement: XXXX Power&Light Energy Services: Index FGT Zone 3 plus$0.067/them,. Deal#1 8/1/11 to 7/31/12 @$5.44/dth Deal#2 8/1/11 to 7131/13 @$5.63/dth first tier Deal#3 8/1/12 to 7/31/14 @$4.27/dth second tier Discussed contract terms with Procurement Supervisor. University hedges a percentage of gas now at Deal#2(estimated at 50%),then a percentage at Deal#3(estimated at 40%)and the remaining 10%is billed at Inside FERC market price. XXXX provided 2011 and 2012 data on the Gas bill itemization sheets ERC has determined the price blocks at Deal#2 and#3 to be billed correctly. A request has been placed with the supply representative for the price settlement on the remaining 10%of gas for 2011 and 2012. Received the Inside FERC Zone 3 settlement pricing for 2011 and 2012. ERC has confirmed gas to be correctly priced on all three billing levels:Deal#2,Deal#3 and the FGT Zone 3. l Itility r:nmpany• Status/Credits: Rarvira Arlrlracc• Status/Futures: Declined Account Number: 14187082 Credit Amount: $0.00 Estimated Annual Usage: 0 Dth Future Monthly Savings: $0.00 Rate Class: SGS Small General Service Future Monthly Savings Annualized: $0.00 Meter Declined Monthly Amt: $25.00 Ticket#: 24171 Declined Credit Amt: $0.00 Issue: Account has shown no usage for the last 36 months. Recommendation: Close this account if not needed. Resolution: Client responded that this gas service is used very infrequently but cannot be shut off. Steps Taken: 4/16/2013 Discuss at time of audit presentation to determine what this account services and if meter can be shut off. Annual savings$300.00. 5/22/2013 Audit presented. Client to investigate and report to ERC if meter can be shut off. 6/3/2013 Sent a follow-up e-mail to XXXX 6/28/2013 XXXXXX responded that he will be out of office until July 8th and will handle issue on his return. 7/19/2013 ERC requesting sales person contact client. 8/5/2013 Client responded that this meter is not used too frequently;however,it is in the lab for a small steam generator. Cannot shut down. 76 Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: Credit Amount: $0.00 Estimated Annual Usage: 351,311 Dth Future Monthly Savinas: $0.00 Rate Class: Small Interruptible SIS Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24192 Declined Credit Amt: $0.00 Issue: Capacity Agreement with Utility Recommendation: No action needed. Resolution: An agreement that states Utility will release firm capacity on pipeline to university for 3rd Party gas to move. No revenue is generated for university with this agreement. Steps Taken: 4/18/2013 Client reported that the university entered into an agreement with Utility,"Capacity Agreement'. He was expecting additional revenue through credits or payments to university. Client has asked ERC to investigate. ERC has a call into the Utility Account Manager for the university. All invoices were reviewed,finding no credits applied. 4/24/2013 Discuss matter with Utility specialist,XXXXXX. Since XXXX uses a 3rd Party Supplier for the gas commodity,that gas has to still flow through Utility lines. The capacity agreement states that Utility is willing to release firm capacity on their lines to XXXX for that 3rd Party gas to flow. There is no revenue generated for the university with this agreement. He had mentioned an invoice that the university should be receiving,but I told him I am unaware of it. The charge includes$.43/unit to reserve the line and$.02/unit when gas commodity is used. Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: Credit Amount: $0.00 Estimated Annual Usaae: 351,311 Dth Future Monthly Savinas: $0.00 Rate Class: Small Interruptible SIS Future Monthly Savings Annualized: $0.00 Meter: Declined Monthly Amt: $0.00 Ticket#: 24194 Declined Credit Amt: $0.00 Issue: Distribution Charges Recommendations No action needed. Resolution: Confirmed distribution rate is under a special agreement with Utility. Steps Taken: 4/18/2013 Distribution charges are fixed at$.30/dth. Client has confirmed that this account is under a special agreement with Utility. 77 Utility Company: Status/Credits: Service Address: Status/Futures: Actual Account Number: Credit Amount: $0.00 Estimated Annual Usaae: 1,977 Dth Future Monthly Savings: $112.37 Rate Class: CSG Standby Future Monthly Savings Annualized: $1,348.44 Meter: Declined Monthly Amt: $0.00 Ticket#: 24156 Declined Credit Amt: $0.00 Issue: Account may benefit by changing from rate Standby(CSG)to GS-2. Recommendation: Determine if gas is only used for generator. (see attached analysis) Resolution: Received bill dated 10/22/2013 on new rate GS-2 Steps Taken: 4/15/2013 Utility offers rate GS-2 for smaller services that use between 1,000dth to 4,999 dth per year. Account is currently on the Standby CSG rate,permitted for supplying gas to equipment that is a standby electric generator. Sending this account to ERC Rate Specialist for review. According to utility this account would not qualify for the GS-2 rate unless the gas is used for another appliance besides the generator. A generator(only)must stay on CSG rate. 4/23/2013 An analysis comparing GS-2 with the CSG resulted in a savings on the GS-2 of$1,348.43. 5/22/2013 Audit presented. Client to investigate and report to ERC if gas is used for other purposes. 6/3/2013 Sent a follow-up e-mail to XXXX 6/28/2013 XXXXXX responded that he will be out of office until July 8th and will handle issue on his return. 7/19/2013 ERC requesting sales person contact client. 8/5/2013 Client emailed that gas is used inside the MDT facility and that the facility has a diesel generator. ERC needs clarification. Sent email to XXXX. 8/6/2013 XXXX reported the gas is used for service water heating and lab equipment only.It is NOT being used for space heating or the emergency generator. Contacted Utility,XXXXXX,he transferred me to Elise Lawson to handle this type of matter. Left message with XXXXXX. 9/3/2013 Contacted Utility,they now directed me to XXXXXX. He agreed with our assessment and will call back to confirm it has been taken care of. 9/23/2013 Left msg with Utility rep,XXXXXX. 10/4/2013 Talked with XXXXXX. He was not in office. E-mailed a reminder to confirm if and when rate has changed. XXXXXX XXXXXXn left a msg. The rate change will be effective on the October consumption. LOOK FOR OCTOBER CONSUMPTION BILL. Gas Savings Summary: Credit Amount: $0.00 Annual Savings: $1,348.44 Total Combined First Year Savings: $1,348.44 (Refunds and Future Savings) Total Declined Monthly Amt $25.00 Total Declined Credit Amt $0.00 78 Water Analysis Utility Company: Status/Credits: Service Address: Status/Futures: Account Number: 01294020015 Credit Amount; $0.00 Estimated Annual Usage: 96,000,000 gallons Future Monthly Savings: $0.00 Rate Class: Large Commercial Future Monthly Savings Annualized: $0.00 Meter: xxxx-7" Declined Monthly Amt: $0.00 Ticket#: 24181 Declined Credit Amt: $0.00 Issue: Verify multiple water/sewer accounts billed correctly. Recommendation: No action at this time. Resolution: Confirmed accounts are being billed correctly. Steps Taken: 4/17/2013 XXXXXX Utilities water and sewer rate schedule. Water charges are based on the monthly volume consumed and is billed in tiers according to that amount above the threshold. Tier 1-$2.43/ccf,Tier 2-$4.07/ccf,Tier 3-$5.44/ccf. The more water consumed the more cost/ccf. The minimum charge according to the meter size does not come into play for any university water accounts. If city needs additional water to service customers,it then is purchased by XXXXXX and a surcharge is applied to bill for the difference. Wastewater is billed on a fixed cost of$4.71/ccf on that volume of water which flows into sewer system for treatment All accounts were found to be billed correctly according to the rate schedule. Status/Credits: Utility Cnmrany• Status/Futures: SP1'V1[`P AfIfIrPCC' Account Number; Credit Amount: $0.00 Estimated Annual Usage: 7,878,848 gallons Future Monthly Savings: $0.00 Rate Class: Medium Commercial Future Monthly Savings Annualized: $0.00 Meter: xxxx-4",xxxx-4" Declined Monthly Amt: $0.00 Ticket#: 24182 Declined Credit Amt: $0.00 Issue: Confirmed water/sewer account is being billed correctly. Recommendation: Determine if second meter is used for irrigation. Resolution: Client not concerned with this issue. No money is involved. ERG to close ticket. Steps Taken: 4/17/2013 Placed a call with client to discuss account. Account is not billed sewer on full amount of water used. There are two meters located at this location. ERC wanting to confirm that second meter(#08055112)is designated as an irrigation meter. Sewer is not billed on that volume of water. It is noted that the second meter was not working properly until Sept 2011 and a credit was applied to account at that time. 6/28/2013 Client not concemed with this issue. No money is involved. ERC to close ticket 79 Utility Company: Status/Credits: Service Address: Status/Futures: Declined Account Number: Credit Amount: $0.00 Estimated Annual Usage: 96,000,000 gallons Future Monthly Savings: $0.00 Rate Class: Large Commercial Future Monthly Savinas Annualized: $0.00 Meter: xxxx-7" Declined Monthly Amt: $1,666.33 Ticket#: 24196 Declined Credit Amt: $0.00 Issue: Cooling Tower/Irrigation Recommendation: Determine if cooling towers or irrigation and install deduct meters where needed. Resolution: Client reported that none of the meters service irrigation. Steps Taken: 4/18/2013 E-mail has been sent to client requesting information on the following locations that are charged sewer on the same volume of water. ERC needs to rule out if there are cooling towers or irrigation at this properties: XXXXXX #01294020015 Estimated annual consumption 96,000,000 gallons XXXXXX#02205110016 Estimated annual consumption 480,000 gallons XXXXXX#03142090016 Estimated annual consumption 3,300,000 gallons XXXXXX#02052080038 Estimated annual consumption 600,000 gallons XXXXXX#01294060013 Estimated annual consumption 5,400,000 gallons XXXXXX #01294040019 Estimated annual consumption 3,300,000 gallons As an example: if 3,174,000 gallons was used annually for replenishing cooling towers or irrigation,an estimated annual savings on sewer charges would be$19,996. (6.33/gallons),if deduct meter in place and reads turned in to City of Tampa Utilities. 5/22/2013 Audit presented. Client to investigate and report to ERC how water is used and if a deduct meter would benefit savings on sewer charges. 6/3/2013 Sent a follow-up e-mail to XXXX including meter numbers for XXXX to locate. 6/28/2013 XXXXXX responded that he will be out of office until July 8th and will handle issue on his return. 7/19/2013 ERC requesting sales person contact client. 8/1/2013 Client responded that all the water meters were investigated and it was determined none serve irrigation. Water Savings Summary: Credit Amount: $0.00 Annual Savings: $0.00 Total Combined First Year Savings: $0.00 (Refunds and Future Savings) Total Declined Monthly Amt $1,666:.33 Total Declined Credit Amt $0.00 80 Total Utility Savings Identified: Credit Amount: $56,757.62 Annual Savings: $21,808.20 Total Combined First Year Savings: $78,565.82 (Refunds and Future Savings) Total Declined Monthly Amt: $1,824.66 Total Declined Credit Amt $0,00 81 Eric Ryan Corporatior..1 82 Cr;ofe'r Curinty Email: rhondaburnsGcolliergov.net Administrative Services Department Telephone: (239)252-8941 Procurement Services Division FAX: (239)252-6700 ADDENDUM 1 Memorandum Date: August 23, 2017 From: Rhonda Bums, FCCN, CPPB, Procurement Strategist To: Interested Proposers Subject: Addendum# 1 ITB 17-7190 Utility/Telecommunications Billing Audit The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: ADD: The list of Utility and Telecommunications companies that Collier County Government is doing business with. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Enc: 1 41 .4 lIP ill 83 Co ,fie, County Email: VivianaGiarimoustas@colliergov.net Telephone: (239) 252-8375 Administrative Services Division Purchasing ADDENDUM #2 Memorandum Date: September 13, 2017 From: Viviana Giarimoustas, Procurement Strategist To: Interested Parties Subject: ITB 17-7190 Utility/Telecommunications Billing Audit This solicitation has been extended to Monday September 25, 2017 at 2:30 PM, If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239- 252-8375 or by e-mail at VivianaGierimoustas(}coliiergov.net . Thank you. f O da 411 84 Go erurit Email: VivianaGiarimoustas@colliergov.net Telephone; (239) 252-8375 Administrative Services Division Purchasing ADDENDUM #3 Memorandum Date: September 20, 2017 From: Viviana Giarimoustas, Procurement Strategist To: Interested Parties Subject: ITB 17-7190 Utility/Telecommunications Billing Audit Due to Hurricane Irma, this solicitation has been extended to Monday October 9, 2017 at 10:00 AM. The Q&A has also been extended to Friday September 29,2017. I i If you require additional information please call Viviana Giarimoustas, Purchasing Department at 239- 1 252-8375 or by e-mail at VivianaGiarimoustas(a�colliergov.net . Thank you. r i r 0 0 „,-......_ i 1 1 g I I 1 g 4. 1 1 i f 1 85 Coer County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR UTILITY/TELECOMMUNICATIONS BILLING AUDIT SOLICITATION NO.: 17-7190 RHONDABURNS, FCCN, CPPB, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 RhondaBurns@colliergov.net (Email) This solicitation document is prepared in a Microsoft Word format(Rev 8/7/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. TABLE OF CONTENTS ITEM DESCRIPTION 1.0 Introduction 2.0 Background 3.0 Term of Contract 4.0 Request for Proposal(RFP)Process 5.0 Grading Criteria for Development of Shortlist Instruction to Proposers 6.0 Questions 7.0 Pre-Proposal Conference 8.0 Compliance with RFP 9.0 Ambiguity, Conflict,or Other Errors in the RFP 10.0 Proposals,Presentations,and Protest Costs 11.0 Validity of Proposals 12.0 Method of Source Selection 13.0 Evaluation of Proposals 14.0 References 15.0 Reserved Rights 16.0 Collier County Purchase Order Terms and Conditions Additional Terms and Conditions for RFP 17.0 Insurance and Bonding Requirements 18.0 Additional items and/or Service 19.0 County's Right to Inspect 20.0 Vendor Performance Evaluation 21.0 Additional Terms and Conditions of Contract 22.0 Public Records Compliance 23.0 Work Orders on Fixed Term Contracts 24.0 Payment Method 25.0 Environmental Health and Safety 26.0 Licenses 27.0 Survivability 28.0 Principal/Collusion 29.0 Relation of County 30.0 Termination 31.0 Lobbying 32.0 Certificate of Authority to Conduct Business in the State of Florida(Florida Statute 607.1501) 33.0 Single Proposal 34.0 Protest Procedures 35.0 Public Entity Crime 36.0 Security and Background Checks 37.0 Conflict of Interest 38.0 Prohibition of Gifts to County Employees 39.0 Immigration law Affidavit Certification Attachments Attachment A-Scope of Services Attachment B-Required RFP Forms 17-7190 Utility/Telecommunications Billing Audit 2 FOR QUALIFICATIONS SUBMITTAL SOLICITATION PUBLIC NOTICE REQUEST FOR PROPOSAL(RFP) 17-7190 NUMBER: RFP POST DATE: August 17,2017 PROJECT TITLE: Utility/Telecommunications Billing Audit PRE-PROOSAL CONFERENCE: Not Applicable LOCATION: Not Applicable RFP OPENING DAY/DATE/TIME: Monday,September 18,2017 @ 2:30 PM Naples Time PLACE OF RFP OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST,BLDG C-2 NAPLES,FL 34112 All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.colliergov.net/bid 1. INTRODUCTION As requested by the Administrative Services Department(hereinafter,the"Division or Department"),the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter,"RFP") with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. 2. BACKGROUND The purpose of this audit is to identify past billing errors, obtain refunds for those errors and to identify future saving opportunities. The audit will encompass, but not be limited to, utilities and telecommunications (including voice, data and cable)services. 3. TERM OF CONTRACT The contract term, if awarded is intended to be for a term of three (3)with the option to renew for two (2)one year periods or at the conclusion of the assigned work,whichever comes first. Prices shall remain firm for the duration of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. 4. REQUEST FOR PROPOSAL(RFP)PROCESS 4.1 The Proposers will submit a qualifications proposal which will be scored based on the criteria in Section 5.0 Grading Criteria for Development of Shortlist,which will be the basis for short-listing no less than three(3)firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then grade and rank to at least the top three short-listed firms and enter into negotiations with the top ranked firm to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and scope of services and submitted for approval by the Board of County Commissioners. 4.2 The COUNTY will use a Selection Committee in the Request for Proposal selection process. 4.3 The intent of the scoring of the qualifications proposal is for respondents to indicate their interest, relevant experience, fmancial capability, staffing and organizational structure. 17-7190 Utility/Telecommunications Billing Audit 3 4.4 Based upon a review of these qualification proposals, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 4.5 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. 5. GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: For the development of a list of the top proposers, this evaluation criterion will be utilized by the COUNTY'S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Cover Letter/Management Summary 5 Points 2. Certified Minority Business Enterprise 5 Points 3. Business Plan 20 Points 4. Savings to the County 20 Points 5. Experience and Capacity of the Firm 20 Points 6. Specialized Expertise of Team Members 20 Points 7. Local Vendor Preference 10 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three(3)witnesses. Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available/1 Page Limitation) Submit certification with the Florida Depal tutent of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise. EVALUATION CRITERIA NO. 3: BUSINESS PLAN (20 Total Points Available/5 Page Limitation) In this tab, include: • Detailed plan of how firm plans to implement audit approach(including major tasks and sub-tasks). ■ Detailed time line for completion of each of the tasks. EVALUATION CRITERIA NO. 4: SAVINGS TO THE COUNTY(20 Total Points Available/2 Pages Limitation) In this tab, include: • Provide a description of projected total savings to the county associated with the scope of services. • Provide a schedule of tasks, sub-tasks and the deliverables associated with each task. 17-7190 Utility/Telecommunications Billing Audit 4 EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM(20 Total Points Available, 3 Page Limitation) In this tab,include: • Provide a brief history of the firm, including number of years in business, pertinent capabilities, experience in municipal and or government agencies,and resources necessary to successfully provide the required services. • Describe the various team members' successful experience in working with one another on previous projects. • The County requests that the vendor submits no fewer than three(3) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The references should be for work performed not more than five(5)years. Provide information on the projects completed by the vendor that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B —Form 8. Vendors may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the information to assess the experience of the Proposer on relevant project work. • A copy of a report as an example of work product. This should be for one of the firms that company has performed audits in the past. (The name of the firm should be redacted to protect sensitive information disclosed.) • Demonstrate the recovery of fees from various utilities for other agencies. EVALUATION CRITERIA NO. 6: SPECIALIZED EXPERTISE OF TEAM MEMBERS (20 Total Points Available/5 Page Limitation) In this tab, include: • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services,as well as the delivery of specific services. • Attach brief description of work that will be performed by sub-contractors. EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE(10 Total Points Available) Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax Collector for at least one year prior to proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier or Lee County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY'S Selection Committee to score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing materials. Proposals must address the following criteria: INSTRUCTIONS TO PROPOSERS 6. QUESTIONS 6.1 Direct questions related to this RFP to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. 6.2 Proposers must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 7. PRE-PROPOSAL CONFERENCE 7.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. 7.2 All prospective vendors are strongly encouraged to attend,as,this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 8. COMPLIANCE WITH THE RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFS may result in 17-7190 Utility/Telecommunications Billing Audit disqualification. 9. AMBIGUITY,CONFLICT,OR OTHER ERRORS IN THE RFP It is the sole responsibility of the vendor if they discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Professional, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Professional will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Procurement Services Division. 10. PROPOSALS,PRESENTATIONS,AND PROTEST COSTS The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 11. VALIDITY OF PROPOSALS No proposal can be withdrawn after it is opened unless the vendor makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty(180)days from the submission date to accommodate evaluation and selection process. 12. METHOD OF SOURCE SELECTION 12.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08,establishing and adopting the Collier County Procurement Ordinance. 12.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. 13. EVALUATION OF PROPOSALS 13.1 The County's procedure for selecting is as follows: 13.1.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 13.1.2 The Request for Proposal is issued. 13.1.3 Subsequent to the receipt closing date for the proposals, the Procurement Professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RFP. 13.1.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 13.1.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be publicly posted with at least one(1)day advanced notice. 13.1.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 13.1.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 13.1.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type,including,without limitation,additional information Collier County may request,clarification of proposer information, and/or additional credit information. 13.1.9 Once the individual scoring has been completed,the Procurement professional will read the results publicly. The committee will make a determination if oral presentations are needed and which firms will be invited to give oral presentations by short listing the proposals submitted. The selection committee may ask for additional information,present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 13.1.10 The selection committee's overall rank of firms in order of preference(from highest beginning with a rank of one (1)to the lowest)will be discussed and reviewed by the Procurement Professional. By final consensus,and having used all information presented (proposal, presentation, references, etc.), the selection committee members will 6 17-7190 Utility/Telecommunications Billing Audit create a fmal ranking and staff will subsequently enter into negotiations. 13.2 The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 13.3 Receipt of a proposal by the County offers no rights upon the proposer nor obligates the County in any manner. 13.4 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 14. REFERENCES The County reserves the right to contact any and all references submitted as a result of this solicitation. 15. RESERVED RIGHTS Collier County reserves the right in any solicitation to accept or reject any or all bids,proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also,Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet additional or reduced requirements of Collier County. Notwithstanding any other provisions of this Article, if none or only one responsive and responsible bid or proposal is received following any solicitation, the County Manager, or designee, reserves the right to reject all bids, proposals or offers and to negotiate with any responsible providers to secure the best terms and conditions in the sole interest of the County unless otherwise provided by law. COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 16. PURCHASE ORDER TERMS AND CONDITIONS 16.1 Offer 16.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen(14)days of issuance. 16.2 Acceptance and Confirmation 16.2.1 This Purchase Order (including all documents attached to or referenced therein)constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. 16.2.2 No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR,notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services,or any similar act by VENDOR. 16.3 Inspection 16.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. 16.3.2 To the extent that a purchase order requires a series of performances by VENDOR,the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 16.4 Shipping and Invoices 16.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 16.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping 17-7190 Utility/Telecommunications Billing Audit 7 container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 16.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the"Local Government Prompt Payment Act," and,pursuant to the Board of County Commissioners Purchasing Policy. 16.5 Time Is Of the Essence 16.5.1 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 16.6 Changes 16.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing,VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 16.7 Warranties 16.7.1 VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production,free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection,acceptance,passage of title and payment by the COUNTY. 16.8 Statutory Conformity 16.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 16.9 Advertising 16.9.1 No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 16.10 Indemnification 16.10.1 VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims,including claims of negligence,costs and expenses, including but not limited to attorneys' fees,arising from,caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons),which arise out of or are incident to the goods and/or services to be provided hereunder. 16.11 Warranty of Non Infringement 16.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws;b) do not infringe any patent,trademark, copyright or trade secret; and c) do not constitute unfair competition. 16.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 17-7190 Utility/Telecommunications Billing Audit 8 16.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material degradation in performance,quality, functionality or additional cost to the COUNTY). 16.12 Insurance Requirements 16.12.1 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 16.13 Compliance with Laws 16.13.1 In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race,religion,sex creed,national origin,handicap,marital status,or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 16.14 Force Majeure 16.14.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including,but without limitation to war,strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 16.15 Assignment 16.15.1 VENDOR may not assign this Purchase Order,nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16.16 Taxes 16.16.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes,Chapter 212), and from federal excise tax. 16.17 Annual Appropriations 16.17.1 The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 16.18 Termination 16.18.1 This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 16.19 General 16.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County,Florida 16.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 16.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 17-7190 Utility/Telecommunications Billing Audit 9 16.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 16.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and/or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. ADDITIONAL TERMS AND CONDITIONS FOR RFP 17. INSURANCE AND BONDING REQUIREMENTS 17.1 The Vendor shall at its own expense,carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 17.2 The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Vendor, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Vendors and Subcontractors and shall require each of them to include similar waivers in their contracts. 17.3 Collier County shall be responsible for purchasing and maintaining,its own liability insurance. 17.4 Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." 17.5 The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 17.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder"should read as follows: Collier County Board of County Commissioners Naples, Florida 17.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage,Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. 17.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. 17.9 The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24)hours after receipt, of any notices of expiration, cancellation,non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17.10 Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s)purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand,the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s)purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 17-7190 Utility/Telecommunications Billing Audit 10 17.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 18. ADDITIONAL ITEMS AND/OR SERVICES Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 19. COUNTY'S RIGHT TO INSPECT The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 20. VENDOR PERFORMANCE EVALUATION The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end,vendors will be evaluated on their performance upon completion/termination of this Agreement. 21. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 21.1 The selected Vendor shall be required to sign a standard Collier County contract. 21.2 The resultant contract(s)may include purchase or work orders issued by the County's project manager. 21.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 21.4 The County's project manager shall coordinate with the Vendor/ Contractor the return of any surplus assets, including materials, supplies,and equipment associated with the scope or work. 22. PUBLIC RECORDS COMPLIANCE 22.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 22.2 The Contractor must specifically comply with the Florida Public Records Law to: 22.2.1 Keep and maintain public records required by the public agency to perform the service. 22.2.2 Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 22.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 22.2.4 Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be 17-7190 Utility/Telecommunications Billing Audit 11 provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 23. WORK ORDERS ON FIXED TERM CONTRACTS 23.1 The County reserves the right to order such services from selected firms as may be required during said period,but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. 23.2 Agreements issued that are determined to be"CONTINUING CONTRACTS" where services will be requested by Work Orders in excess of$200,000 shall be approved by the Board of County Commissioners. 23.3 Should any project that is active on a work order extend past the contract termination date,that work order will be active and extended as necessary until completion of such project. 24. PAYMENT METHOD 24.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: 24.1.1 Purchase Order Number 24.1.2 Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail East,Suite 700 Naples FL 34112 Or Emailed to: bccapclerk(a,collierclerk.com 24.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six(6)months after completion of contract.Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 24.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 24.4 Invoices shall not reflect sales tax. After review and approval,the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 25. ENVIRONMENTAL HEALTH AND SAFETY 25.1 All Vendors and Sub Vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub Vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 25.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. 25.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 25.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 26. LICENSES 26.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local 17-7190 Utility/Telecommunications Billing Audit 12 Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 26.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain"active"in Collier County. 26.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at(239)252-2477. 27. SURVIVABILITY The Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 17-7190 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 28. PRINCIPAL/COLLUSION By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into;that this Proposal is made without connection with any person,company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 29. RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall,under any circumstances,be considered employees or agents of the County,and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual,firm, or corporation. 30. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director,the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 31. LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award(i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 32. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA(FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified.Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five(5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe,the County reserves the right to award to another firm. 33. SINGLE PROPOSAL Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-vendor to any other firm submitting under the same RFP.If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary,that legal entity may act as a sub-vendor to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 17-7190 Utility/Telecommunications Billing Audit 13 34. PROTEST PROCEDURES 34.1 With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract,the protesting party shall file a notice of intent to protest within three (3)days, excluding weekends and County holidays, after the first publication,whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for the Procurement Services Director, to render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Procurement Services Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Procurement Services Director's decision. 34.2 Any actual proposer or respondent to who desires to protest a recommended contract award shall submit a notice of intent to protest to the Procurement Services Director within three (3) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. 34.3 All formal protests with respect to a recommended contract award shall be submitted in writing to the Procurement Services Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Procurement Services Director, and accompanied by the required fee. 34.4 Complete form and instructions for formal protest are set forth in Section 23 of Collier County Ordinance 2017-08. The protesting party must have standing as defined by established Florida case law to maintain a protest. 35. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,supplier, subcontractor,or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 36. SECURITY AND BACKGROUND CHECKS 36.1 The Contractor is required to comply with County Ordinance 2004-52, as amended.Background checks are valid for five (5)years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include,but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. 36.2 All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1)year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. 36.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4)hours of separation may result in a deduction of$500 per incident. 36.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract.If there are additional fees for this process,the vendor is responsible for all costs. 37. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 38. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES No organization or individual shall offer or give, either directly or indirectly,any favor,gift,loan,fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics 17-7190 Utility/Telecommunications Billing Audit 14 Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time,including but not limited to: submitting bids,RFP, and/or quotes;and,c. immediate termination of any contract held by the individual and/or firm for cause. 39. IMMIGRATION LAW AFFIDAVIT CERTIFICATION 39.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 39.2 The Employment Eligibility Verification System(E-Verify)operated by the Department of Homeland Security(DHS)in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP)including Request for Professional Services(RFP)and construction services. 39.3 Exceptions to the program: 39.3.1 Commodity based procurement where no services are provided. 39.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 39.4 Vendors/Bidders are required to enroll in the E-Verify program,and provide acceptable evidence of their enrollment, at the time of the submission of the Vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder's/Vendor's proposal may be deemed non-responsive. 39.5 Additionally, Vendors shall require all subcontracted Vendors to use the E-Verify system for all purchases not covered under the"Exceptions to the program"clause above. 39.6 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 39.7 Vendor acknowledges, and without exception or stipulation,any firm(s)receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq.and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. END OF ADDITIONAL TERMS AND CONDITIONS FOR RFP 17-7190 Utility/Telecommunications Billing Audit 15 co.Lien County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROPOSAL (RFP) FOR UTILITY/TELECOMMUNICATIONS BILLING AUDIT SOLICITATION NO.: 17-7190 RHONDA BURNS, FCCN, CPPB, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 RhondaBurns@colliergov.net (Email) This solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal,cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Attachment A-Scope of Services and Technical Specifications 1.0 UTILITIES AUDIT 1.1 The Consultant will review and evaluate for billing errors from all the utility services and equipment providers. Categories of services to be considered will include,but not limited to electricity,natural gas,propane, and heating oil.The Consultant will compile historical data and conduct a comprehensive review of the billing information. The Consultant will compare usage and demand amounts to prior periods and comparable locations to determine if quantities billed are reasonable. 1.2 At a minimum,the Consultant will identify errors related to: a. Meter reading errors; b. Rates not in accordance with Collier County contracts; c. Charges billed for incorrect or nonexistent equipment; d. Meter malfunctions; e. Wrong meter types installed; f. Clerical errors in bill computations; g. Wrong factors applied; h. Incorrect tax charges. 1.3 In addition to detecting billing errors,the Consultant will analyze rates to identify opportunities to reduce future costs. Cost-savings recommendations may include,but should not be limited to: a. Alternate rates and riders offered by existing suppliers; b. Combination or splitting of meters for billing purposes; c. Correction of power factor penalties; d. Negotiation of special contracts to eliminate punitive clauses 2.0 TELECOMMUNICATIONS AUDIT 2.1 The Consultant will review and evaluate for billing errors from all telecommunication services and equipment providers. Categories of network services to be considered will include,but not be limited to,switched voice services provided by local carriers and long distance companies;non- switched voice and data communication lines and circuits;maintenance services;and leased/ rented voice and data communications equipment.The Consultant will compile historical data and conduct a comprehensive review of the billing information. 2.2 The audit will include,but not be limited to: a. Service order charges; b. Installation charges; c. Monthly access line charges; d. Message unit charges;. e. Toll charges; f. Local exchange carrier's discount packages; g. Operator surcharges and rates; h. Calling card surcharges and rates; i. 800 service charges; j. WATS charges; 17-7190 Utility/Telecommunications Audit 2 k. Incorrectly charged local directory assistance charges; 1. Incorrectly charged State and Federal taxes; m. Usage charges; n. Long distance directory assistance charges; o. All tariff elements in the monthly line charges; P. PBSx q. ACDs; r. Cellular services; s. Modems; t. Channel Banks; u. ADPCMs; v. DSUs; w. Cable television service charges; x. Cable television equipment charges. 2.3 In addition to detecting billing errors,the Consultant will analyze rates,work with telecommunications providers to determine appropriate rates,and identify opportunities to reduce future costs. 3.0 AUDIT REPORT At the conclusion of the audit,the Consultant will make a presentation and submit a report detailing its fmdings.At a minimum,the report should identify the range of bills reviewed by the Consultant,the refunds/credits due to Collier County for each item, and the method by which the County will receive the refund/credit(e.g.,refund check,credit on future invoice,etc.).The report will quantify retroactive refunds/credits as well as future savings potential. The report must contain sufficient detail to attribute each refund or savings item to a specific invoice,with account and sub-account details.The County is under no obligation to implement any of the Consultant's recommendations. 4.0 REFUNDS AND CREDITS 4.1 For all recommendations that are accepted during the term of the contract,the Consultant will provide the following services: a. Document and prepare the necessary evidence of claims,including any interest fees that may be applicable; b. Submit claims to the providers on behalf of the County; c. Negotiate with the providers for refunds or savings due to the County; d. Follow up as required with providers to collect the refunds; e. Verify the accuracy of the amount refunded; and f. Confirm errors are corrected in future billings. 17-7190 Utility/Telecommuncations Billing Audit 3 DATE(MM/DDIYYYY) ACGRD® CERTIFICATE OF LIABILITY INSURANCE 12/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX (AIC.No.Ext): (A/C,No): Beth A Hazen E-MAIL ADDRESS: 324 SECOND STREET INSURER(S)AFFORDING COVERAGE NAIC# ELLWOOD CITY PA 16117-2100 INSURERA: NATIONWIDE MUTUAL FIRE INSURANCE COMP/ 23779 INSURED INSURERB: NATIONWIDE MUTUAL INSURANCE COMPANY 23787 INSURER c: United States Liability Insurance Co 19270 ERIC RYAN CORPORATION INSURERD: P 0 BOX 473 INSURER E: ELLWOOD CITY PA 16117-1928 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DDIYYYY) (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X OCCUR DAMAGE TO RENTED CLAIMS-MADE PREMISES(Ea occurrence) $ 300,000 MED EXP(Any one person) $ 5,000 B X Non-owned Auto 2,000,000 X ACP BPOM 5402792511 10/05/2017 10/05/2018 PERSONAL&ADV INJURY _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO- JECT X LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS-MADE ACP CAF 5402792511 10/05/2017 10/05/2018 AGGREGATE $ 3,000,000 DED RETENTION$ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? N N/A ACP WCK 5403210637 03/07/2017 03/07/2018 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 PROFESSIONAL LIABILITY OCC/AGG 2,000,000 C SP 1561978 01/01/2016 01/01/2018 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,OR BOARD OF COUNTY COMMISSIONERS IN COLLIER COUNTY,OR COLLIER COUNTY GOVERNMENT IS INCLUDED AS ADDITIONAL INSURED UNDER THE CAPTIONED COMMERCIAL GENERAL LIABILITY POLICY ON A PRIMARY AND NON-CONTRIBUTORY BASIS IF AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT FOR ANY AND ALL WORK PERFORMED IN COLLIER COUNTY CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZED REPRESENTATIVE 3295 TAMIAMI TRAIL E Beth Hazen NAPLES FL 34112 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD