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HomeMy WebLinkAbout25619AGREEMENT INFORMATION AGREEMENT NUMBER 25619 NAME/TYPE OF AGREEMENT BERRY, DUNN, MCNEIL & PARKER, LLC DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/BUSINESS & IT CONSULTING & ADVISORY SERVICES BY OMNIA PARTNERS CONTRACT #11-55/MATTER ID: 24-3071 EFFECTIVE DATE June 13, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 6/13/2025 DATE RECEIVED FROM ISSUING DEPT. 6/13/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Department of Procurement DEPT. CONTACT PERSON: Aimee Gandarilla/Justin Griffin EXT. 1906/1949 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Berry, Dunn, McNeil & Parker, LLC d/b/a/ BerryDunn IS THIS AGREEMENT TO BE EXPEDITED/RUSH: TOTAL CONTRACT AMOUNT: $ TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑■ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ■ FUNDING INVOLVED? YES YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT NO NO PURPOSE OF ITEM (DETAILED SUMMARY): Professional Services Agreement Berry, Dunn, McNeil & Parker, LLC d/b/a/ BerryDunn for Business and IT Consulting and Advisory Services by Omnia Partners, LLC, formerly National Cooperative Purchasing Alliance. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DIRECTOR/CHIEF PROCUREMENT OFFICER May 31, 2025 I Annie Perez, CPPO IAT��UREFF... GNp SUBMITTED TO RISK MANAGEMENT June 2, 2025 David Ruiz--- 1 06: 41: 20 E g SIGNATURE: fi ado SUBMITTED TO CITY ATTORNEY matter 24-3071 June 10, 2025 1Gg$r9V.f�g1/V ong III SIGNATURE: LA°"„ , I s°4 of APPROVAL BY ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER June 11, 2025 1L9_r6Pp3?ftCfPA SIGNATURE: h,S" , APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Barbara Hernandez, MPA SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER, CHIEF OF INFRASTRUCTURE Asael Marrero SIGNATURE: APPROVAL BY DEPUTY CITY MANAGER June 12, 2025 Natasha Colebrook -Williams I 13:01:32 EDT SIGNATURE: C tlCA1.4.ok_Wdize...a RECEIVED BY CITY MANAGER June 12,Arthur 2025 ED a V 116:30:55 55 EDT f by SIGNATURE: anb SUBMITTED TO THE CITY CLERK June 13, 2025 1 T0aan pT r—DocuSignetl by SIGNATURE: _i� PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER AGREEMENT/AMENDMENT OVERVIEW AGREEMENT TITLE: Supplemental Agreement under the Omnia Contract # 11-55 ("Omnia Contract) to create a Business Requirements Document ("BRD") for the upcoming Enterprise Permitting System solicitation. 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ ❑ City Manager — Authority level of $ El City Commission — RESOLUTION No. 14-0153 2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ ITB ❑ SOLE SOURCE El PIGGY -BACK ❑ COOPERATIVE ❑ PROFESSIONAL SERVICES UNDER $25,000 3. TYPE OF AGREEMENT: ❑ PROFESSIONAL SERVICES AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ SOFTWARE AS A SERVICE AGREEMENT ❑ LEASE AGREEMENT ❑ OPERATOR AGREEMENT ❑ CONCESSION AGREEMENT IZI OTHER (Please explain): Supplemental Agreement approved by City Attorney 4. IF THIS IS AN AMENDMENT, WHAT IS THE NUMBER OF THE AMENDMENT AND WHAT DOES THIS AMENDMENT DO (INCREASE CAPACITY, CHANGE IN TERMS, ETC) BE SPECIFIC AND INCLUDE THE PAGE NUMBER(S) THAT SPECIFIES WHAT IS BEING AMENDED ON THE CONTRACT. N/A 5. WAS THE AMENDMENT APPROVED BY THE CITY COMMISSION? ❑ YES ❑ NO IF YES, WHAT IS THE RESOLUTION NUMBER? N/A 6. WHAT IS THE SCOPE OF SERVICES? Business and IT Consulting and Advisory Services to create a Business Requirements Document ("BRD") for the upcoming Enterprise Permitting System solicitation. 7. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Building, DolT 8. IS THE AWARDEE INCUMBENT? N/A 9. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? N/A 10.WHEN DOES THE CURRENT CONTRACT EXPIRE? N/A 11. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 12.WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Piggyback Contract Updated 1/29/2025 City of Miami, Florida PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida And Berry, Dunn, McNeil & Parker, LLC d/bla BerryDunn This Professional Services Agreement ("Agreement") is entered into this 13th day of June , 2025 ("Effective Date") by and between the City of Miami, a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, Miami, Florida 33130 (the "City"), and Berry, Dunn, McNeil & Parker, LLC d/b/a/ BerryDunn, a foreign limited liability company, qualified to do business in the State of Florida whose principal address is 2211 Congress Street, Portland, ME 04102 ("Contractor"). RECITALS: WHEREAS, Contractor was awarded Omnia Region 14 ESC Contract # 11-55 ("Omnia Contract) for Business and IT Consulting and Advisory Services ("Services") by Omnia Partners, LLC, formerly National Cooperative Purchasing Alliance, through the issuance of Request for Proposals ("RFP") #41-20; and WHEREAS, the City wishes to engage the Services of Contractor, and Contractor wishes to perform the Services for the City; and WHEREAS, the City and Contractor desire to enter into this Agreement, issued as a Supplemental Agreement under the Omnia Contract, pursuant to Section 18-113 of the Code of the City of Miami, Florida, as amended ("City Code"), subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Contractor and the City agree as follows: 1. RECITALS AND INCORPORATIONS: The Recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The following exhibits are attached hereto and are hereby incorporated into and made a part of this Agreement: 1. Exhibit A — Scope of Services / Proposal 2. Exhibit B — Insurance Requirements 3. Exhibit C — Certificate of Insurance 4. Exhibit D — Omnia Contract 5. Exhibit E — Company Resolution 6. Exhibit F — Anti -Human Trafficking Affidavit In the event of a conflict between the provisions of this Agreement or any of its exhibits, the conflict shall be resolved in favor this Agreement then the priority order indicated above. 2. TERM The Agreement shall become effective on the Effective Date and shall continue in effect for a period of one (1) year, with an option to renew for one (1) additional one-year period. The City, 1 City of Miami, Florida acting by and through its City Manager, shall have the option to terminate the Agreement for convenience, that is, for no cause; or terminate for cause due to a default. 3. SCOPE OF SERVICES: A. Contractor agrees to provide the Services as specifically described in Exhibit "A", which by this reference is incorporated into and made a part of this Agreement, in accordance with the terms of this Agreement and the Omnia Contract attached as Exhibit "C", which by this reference is incorporated into and made a part of this Agreement. B. Contractor represents to the City that: (i) it possesses all qualifications, licenses, certificates, authorizations, registrations, and expertise required for the performance of the Services, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, any City agency or instrumentality, including payment of accounts, debts, permits, fees, occupational licenses, etc., nor in the performance of any obligations or payment of any monies to the City; (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services will be performed in the manner described in Exhibit "A" and (v) each person executing this Agreement on behalf of Contractor has been duly authorized to so execute the same and fully bind Contractor as a party to this Agreement. C. Contractor shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. Contractor shall possess and maintain any required licenses, permits and certifications to perform the Services under this Agreement. The City may require Contractor to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. 4. COMPENSATION: A. The amount of compensation payable by the City to the Contractor for all Work and Services performed under this Agreement includes all costs associated with such Work and Services, and shall be as stated in each individual Work Order to this Agreement, which by this reference is incorporated into and made a part of this Agreement. The City shall have no obligation to pay the Contractor any additional sum in excess of this amount set forth in each Work Order, except for a change and/or modification to the Agreement, which is approved and executed in writing by the City and the Contractor. All Services undertaken by the Contractor before City's approval of this Agreement and any subsequent Work Order shall be at the Contractor's risk and expense. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Contractor's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. -218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. Contractor agrees and understands that (i) any and all subcontractors providing Services related to this Agreement shall be paid through Contractor and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Contractor. 2 City of Miami, Florida 5. OWNERSHIP OF DOCUMENTS: Contractor understands and agrees that any information, data, document, report or any other material whatsoever which is given by the City to Contractor, its employees, or any subcontractor, or which is otherwise obtained or prepared by Contractor solely and exclusively for the City pursuant to or under the terms of this Agreement, is and shall at all times remain the property of the City. Contractor agrees not to use any such information, data, document, report or material for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Contractor is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Contractor determines copies of such records are necessary subsequent to the termination of this Agreement; however, in no way shall the confidentiality as permitted by applicable laws be breached. The City shall maintain and retain ownership of any and all data and documents which result upon the completion of the work and Services and prepared by Contractor solely and exclusively for the City pursuant to or under the terms of this Agreement as per the terms of this Section 5. 6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Contractor agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of three (3) years following the date of final payment by the City to Contractor under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Contractor which are soley related to Contractor's performance under this Agreement. Contractor agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Contractor's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. The audit provisions set forth 18-102 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, are applicable to this Agreement. B. The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Contractor under this Agreement conform to the terms hereof. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. The inspection provisions set forth 18-101 of the Code of the City of Miami, Florida as same may be amended or supplemented, from time to time, are applicable to this Agreement. C. All audits, tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida, which apply to this Agreement, as same may be amended or supplemented, from time to time. 7. AWARD OF AGREEMENT: Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8. PUBLIC RECORDS: 3 City of Miami, Florida A. Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this service; (2) if required, provide the public with access to public records on the same terms and conditions as the City would at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements; and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Contractor shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. SHOULD CONTRACTOR DETERMINE TO DISPUTE ANY PUBLIC ACCESS PROVISION REQUIRED BY FLORIDA STATUTES, THEN CONTRACTOR SHALL DO SO AT ITS OWN EXPENSE AND AT NO COST TO THE CITY. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(t7MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9T" FLOOR, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Contractor understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, ethics, funding, lobbying, record keeping, etc. the City and Contractor agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Contractor further agrees to include in all of Contractor's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time. 10. INDEMNIFICATION: A. Contractor shall indemnify, save and hold harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, departments, employees, agencies, and instrumentalities (individually and collectively the "Indemnitees"), from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by performance of this Agreement by the Contractor, the Contractor's 4 City of Miami, Florida compliance and/or noncompliance with the provisions of this Agreement, and all laws and regulations pertaining to the Contractor's services which are applicable to the Contractor, the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract. Contractor shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, administrative, regulatory, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the Indemnitees were negligent. In the event that any action, cause of action, claim, demand or proceeding (collectively "Claim(s)") is brought against the City by reason of any such Claim(s), the Contractor shall, upon written notice from the City, resist and defend such action or proceeding by counsel reasonably satisfactory to the City Attorney. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Contractor shall in no way limit the responsibility to indemnify, hold, keep and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. B. The indemnification provided above shall obligate the Contractor to defend, at its own expense, to and through trial, mediation, arbitration, administrative, regulatory, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Contractor, or persons or entities employed or utilized by Contractor. C. These duties shall survive the cancellation or expiration of this Agreement. This Section shall be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as they may be applicable, and as they may be amended. D. Contractor shall require all sub -contractor agreements to include a provision that each sub- contractor shall indemnify, hold harmless and defend the City in substantially the same language as this Section. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving, or rejecting any submissions by the Contractor or other acts of the Contractor, the City, in no way, assumes or shares any responsibility or liability of the Contractor or sub -contractor under this Contract. E. Ten dollars ($10.00) of the payments made by the City shall constitute separate, distinct, and independent consideration for the granting of this indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Contractor." 11. DEFAULT: If Contractor fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Contractor shall be in default. Contractor understands and agrees that termination of this Agreement under this section shall not release Contractor from any obligation accruing prior to the effective date of termination. Should Contractor be unable or unwilling to commence performing or curing the Services within the time provided or contemplated herein, then, in addition to the foregoing, Contractor shall be liable to the City for all expenses incurred by the City in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 5 City of Miami, Florida If the City fails to comply with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from Contractor, the City shall be in default, which shall be treated as a termination for convenience pursuant to Section 13 below. 12. RESOLUTION OF AGREEMENT DISPUTES: Contractor understands and agrees that all disputes between Contractor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Contractor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty - Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved or disapproved by the City Commission. Contractor shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (one hundred twenty (120) days if City Manager's decision is subject to the City Commission approval); or (iii) the City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4 (A) of this Agreement. 13. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, for convenience, and without penalty or any stated cause, at any time, by giving written notice to Contractor at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Contractor compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Contractor for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Contractor shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. B. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. In such event, the City shall not be obligated to pay any amounts to Contractor for Services rendered by Contractor after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City or Contractor be liable to the other for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City or Contractor be liable for any direct, indirect, consequential or incidental damages. 14. INSURANCE: A. Contractor shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "B" and incorporated herein by this reference. The City's agreement and title number must appear on each certificate of insurance. Contractor shall add the City of Miami as an additional insured to its commercial general 6 City of Miami, Florida liability, and auto liability policies, and as a named certificate holder on all policies. Contractor shall correct any insurance certificates as requested by the City Risk Management Director. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Director on Certificates of Insurance indicating such insurance to be in force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of Insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Contractor shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. If, in the judgment of the City, prevailing conditions warrant the provision by Contractor of additional liability insurance coverage or coverage which is different in kind, the City Risk Management Director reserves the right to require the provision by Contractor of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should Contractor fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Agreement shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. C. Contractor understands and agrees that any and all liabilities regarding the use of any of Contractor's employees or any of Contractor's sub -contractors for Services related to this Agreement shall be borne solely by Contractor throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Contractor further understands and agrees that insurance for each employee of Contractor and each sub -contractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Director throughout the duration of this Agreement. D. Contractor shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Contractor shall be responsible for submitting new or renewed insurance certificates to the City Risk Management Director as soon as coverages are bound with the insurers, but in no event later than ten (10) days prior to the expiration of the existing insurance certificates. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City Risk Management Director; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re - procurement damages from Contractor in conjunction with the violation of the terms and conditions of this Agreement. E. Compliance with the foregoing requirements shall not relieve Contractor of its liabilities and obligations under this Agreement. 15. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT: Contractor shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Contractor shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by the City, including Titles I and II of the ADA 7 City of Miami, Florida (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Contractor shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Contractor affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under the contract. Furthermore, Contractor affirms that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Contractor shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 16. ASSIGNMENT: Contractor's services are considered unique and specialized. This Agreement shall not be assigned, sold, transferred, pledged, or otherwise conveyed by Contractor, in whole or in part, and Contractor shall not assign any part of its operations which are related to the performance of this Agreement, without the prior written consent of the City Manager, which may be withheld or conditioned, in the his/her sole discretion. 17. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. AS TO THE CONTRACTOR Kevin Price, Principal Local Government Practice Group Berry, Dunn, McNeil & Parker, LLC 2211 Congress St. Portland, ME 04102 kprice aAberrydunn.com 8 AS TO THE CITY: Art Noriega V City Manager 444 SW 2nd Avenue, 10th Floor Miami, FL 33130 anoriega@miamigov.com WITH A COPY TO: George K. Wysong III City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 gwysong a["7miamigov.com Eduardo Santamaria Director of Building 444 SW 2nd Avenue, 4th Floor Miami, FL 33130 City of Miami, Florida esantamariamiamigov.com Annie Perez CPPO Director/Chief Procurement Officer 444 SW 2nd Avenue, 60' Floor Miami, FL 33130 aperezl�miamigov.com 18. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion, memorandum, or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties freely, knowingly irrevocably waive any rights to a jury trial in any actions or proceedings between them related to this Agreement. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, Florida, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Contractor shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to Iicensure, registration, and certifications required by law for professional service Contractors performing these services. E. This Agreement constitutes the sole and entire Agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. All changes and/or modifications to this Agreement shall be approved in advance and in writing by the Office of the City Attorney as to legal form and correctness, and executed in writing by the City and Contractor. F. Title and paragraph headings are for convenient reference and are not a part of this Agreement. G. Nothing contained in this Agreement is any way intended to be a waiver of the limitation placed upon the Indemnitees' liability as set forth in Chapter 768.28, Florida Statutes. Additionally, the Indemnitees do not waive sovereign immunity, and no claim or award against the Indemnitees shall include attorney's fees, investigative costs, pre -suit or adjusting costs, or pre -judgment interest. H. If any term or provision of this Agreement, or combination of the same, is in violation of any applicable law or regulation, or is unenforceable or void for any reason, such term, provision or combination of same shall be modified or reformed by the court to the minimum extent 9 City of Miami, Florida necessary to accomplish the intention of the entire Agreement to the maximum extent allowable, under any legal form, without violating applicable law or regulation. If modification or reformation is not possible, then such provision shall be deemed severable. In either case, the remainder of the Agreement shall remain unmodified and binding upon the parties. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 20. INDEPENDENT CONTRACTORS: Contractor has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Contractor, nor its employees, nor any subcontractor hired by Contractor to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Contractor further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Contractor, its employees, or any subcontractor hired by Contractor to provide any Services hereunder, and Contractor agrees to provide or to require subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Contractor rendering Services to the City under this Agreement. Contractor further understands and agrees that Contractor's or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. 21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, upon thirty (30) days written notice. 22. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no Tess than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 23. CITY NOT LIABLE FOR DELAYS: Contractor hereby understands and agrees that in no event shall the City be liable for, or responsible to Contractor or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever 10 City of Miami, Florida related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 24. USE OF NAME: Contractor understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Contractor is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. Contractor agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 25. NO CONFLICT OF INTEREST: Pursuant to the City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Contractor hereby certifies to the City that no individual member of Contractor, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also city employee or a member of any board, commission, or agency of the City. Contractor hereby represents and warrants to the City that throughout the term of this Agreement, Contractor, its employees, and its subcontractors will abide by this prohibition of the City Code. Contractor additionally agrees during the term of this Agreement not to serve as a paid expert witness, affiant or otherwise furnish evidence adverse to the City in a Claim brought against the City by any third party. 26. NO THIRD -PARTY BENEFICIARY: No persons other than Contractor and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 27. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Contractor hereby certifies, represents and warrants to the City that on the date of Contractor's execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Contractor under this Agreement are and will continue to be accurate, complete, and current. Contractor understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 29. COUNTERPARTS, ELECTRONIC SIGNATURES: This Agreement may be executed in three (3) or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute one and the same agreement. 11 City of Miami, Florida This Agreement may be executed in counterparts, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 30. ENTIRE AGREEMENT: This instrument and its exhibits constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 31. ANTITRUST VIOLATOR: Pursuant to Section 287.137, Florida Statutes, a person or an affiliate who has been placed on the Antitrust Violator Vendors List following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on any agreement with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a grantee, supplier, subcontractor, or consultant under an agreement with a public entity; and may not transact new business with a public entity. 32. ANTI -HUMAN TRAFFICKING: The Contractor confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The Contractor shall execute and submit to the City an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as "Anti -Human Trafficking Affidavit". If the Contractor fails to comply with the terms of this Section, the City may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the City be liable to Contractor for any additional compensation or for any consequential or incidental damages. 33. E-VERIFY: By entering into this Agreement, the Contractor and its subcontractors are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." The Contractor affirms that (a) it has registered and uses the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees of the Contractors; (b) it has required all subcontractors to this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of the subconsultant; (c) it has an affidavit from all subcontractors to this Agreement attesting that the subconsultant does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain copies of any such affidavits for the duration of the Agreement. Registration information is available at: http://www.uscis.gov/e-verify. If City has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such 12 City of Miami, Florida termination, the Contractor agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that Contractor shall be liable for any additional costs incurred by the City because of such termination. In addition, if City has a good faith belief that a subcontractor has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but Contractor has otherwise complied with its requirements under those statutes, then Contractor agrees that it shall terminate its contract with the subcontractor upon receipt of notice from the City of such violation by subcontractor in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or County Court by the City, Contractor, or subcontractor no later than twenty (20) calendar days after the date of Agreement termination. 13 City of Miami, Florida IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: BY: azaz."(-.&_ _zt/{ NAME: Theresa See p "Contractor" BERRY, DUNN, MCNEIL & PARKER, LLC, D/B/A BERRYDUNN, A FOREIGN LIMITED LIABILITY COMPANY BY: NAME: Kevin Price TITLE: Compliance Contracts Clerk TITLE: Principal (Corporate Seal) Signed by: ATTEST: BY:CuSrgned Todd B. Hannon City Clerk "City" THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA BY: a",aa� ` Arthur Noriega City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: os REQUIREMENTS: CG� wl- IUyse4 I II FEaa=aaa George K. Wysong III City Attorney 24-3071 14 BY: Cfiu"�,C uuado David Ruiz Interim Director of Risk Management City of Miami, Florida EXHIBIT A SCOPE OF SERVICES / PROPOSAL b BerryDunn City of Miami Requirements Elicitation and Business Requirements Document Creation BerryDunn 2211 Congress Street Portland, ME 04102 Kevin Price, MPP, PMP®, Prosci° Project Principal kprice@berrydunn.com Austin Nichols, MBA Project Manager austin.nichols@berrydunn.com Submitted January 21, 2025 Table of Contents 1. Cover Letter 1 2. Relevant Experience 2 3. Project Team 7 4. Project Approach 10 5. Proposed Fees 16 Appendix A. Resumes 18 2211 Congress Street • Portland, ME 04102 • t. 207.541.2200 • f. 207.774.2375 • berrydunn.com 1. Cover Letter January 21, 2024 City of Miami Attn: James Justin Griffin, NIGP-CPP 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 DearJamesJustin Griffin: On behalf of Berry, Dunn, McNeil & Parker, LLC (BerryDunn), thank you for the opportunity to submit this proposal describing how our team might assist the City of Miami (the City) by conducting Requirements Elicitation and Business Requirements Document (BRD) Creation. We appreciate the time you have taken to discuss your goals for this important initiative, and we are proud to offer our services under the OMNIA National Cooperative Purchasing Alliance (NCPA) Contract #11-55. BerryDunn is a nationally recognized independent management and consulting firm founded in 1974 and headquartered in Portland, Maine. We have experienced sustained growth throughout our 50-year history by delivering a high level of service to clients in all 50 states —including dozens in the State of Florida (the State) —Puerto Rico, and Canada. Our Consulting Services Team has been serving state, local, and quasi -governmental agencies for over 35 years, and we have more than 325 consultants with broad specialization across city, county, and state government. Our team members bring extensive project experience conducting work for more than 625 state, local, and quasi -governmental agencies, offering valuable perspectives to every engagement. Our firm provides a full range of professional services that supports our ability to complete the City's outlined tasks. Proposing as the City's dedicated project partner, BerryDunn's Community Development and Utility Operations Practice focuses on improving processes, policies, and systems related to building, public works, planning, zoning, code compliance, and other related development services departments. This practice is led by American Institute of Certified Planners (AICP)-certified planners with firsthand experience leading comparable planning and development services departments. We have had the privilege of supporting many comparable departments throughout the State. This includes projects with the Cities of Fernandina Beach, Gainesville, Homestead, Largo, and Miami Beach; the Town of Longboat Key; and Alachua and Manatee Counties. This insight into your State's building, permitting, and inspection compliance regulations provides our team with strong foundational knowledge. Additionally, our well-rounded perspective is strengthened by work serving more than 60 cities, towns, counties, and universities throughout the State on projects ranging from parks and recreation master plans to communitywide strategic plans and technology consulting services. As a principal in our Local Government Practice Group and leader of our Community Development and Utility Operations Practice, I am authorized to bind BerryDunn to the commitments made herein. Our proposal is a firm and binding offer valid for 120 days following the submission deadline of January 21, 2024. Please consider me your primary point of contact should the City have any questions or updates during the evaluation process. Sincerely, Kevin Price, MPP, PMP®, Prosci® CCP, Principal Community Development and Utility Operations Practice 207.541.2379 I kprice@berrydunn.com b BerryDunn Cover Letter I 1 2. Relevant Experience 2.1. Process Diagramming and Requirements Development Experience Table 1 presents a selection of public -sector system consulting projects with which our firm has assisted in the last 10 years. This table includes only clients with populations near or exceeding 200,000. At a minimum, BerryDunn provided software needs assessment and business requirements definition services. However, as this table demonstrates, our team is well -versed in the full system selection life cycle. Table 1: BerryDunn's Relevant Needs Assessment and Requirements Definition Experience Needs Assessment Requirements 0 a) m 0 BerryDunn's Involvement Municipalities City of Amarillo, Texas (199,000) City of Aurora, Colorado (369,000) City of Detroit, Michigan (675,000) City of Frisco, Texas (177,000) City of Garland, Texas (238,000) City of Glendale, Arizona (237,000) City of Irvine, California (273,000) City of Irving, Texas (230,000) City of Philadelphia, Pennsylvania (1,581, 000) City of Plano, Texas (287,000) City of Tampa, Florida (388,000) City of Tucson, Arizona (525,000) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Counties and Regional Governments Berks County, Pennsylvania (415,000) Chesterfield County, Virginia (353,000) Chicago Metropolitan Agency for Planning, Illinois (CMAP) (2,710,000) Clark County, Washington (488,000) Dona Ana County, New Mexico (218,000) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • b BerryDunn Relevant Experience 12 Ellis County, Texas (185,000) Hamilton County, Indiana (338,000) Henrico County, Virginia (325,000) Hillsborough County, Florida (1,234,000) Lafayette Consolidated Government, Louisiana (242,000) Lake County, Illinois (700,000) Louisville/Jefferson County Metro, Kentucky (740,000) Mobile County Health Department, Alabama (415,000) Montgomery County, Pennsylvania (831,000) Nashville Davidson County Metropolitan Government, Tennessee (667,000) Omaha -Council Bluffs Metropolitan Area Planning Agency, Nebraska (968,000) Waste Commission of Scott County, Iowa (174,000) Sussex County, Delaware (200,000) Washington County, Minnesota (252,000) Washington County, Oregon (598,000) Washtenaw County, Michigan (350,000) Waukesha County, Wisconsin (407,000) BerryDunn's Involvement Needs Assessment • • • Requirements • • • • • • • • • • • • • • Development Evaluation Criteria Development Vendor Selection Contract Negotiations • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • and Approval Implementation • • • Assistance b BerryDunn Relevant Experience 13 2.2. Relevant Departmental Experience Our experience includes working directly with building, public works, planning, zoning, code compliance, and other related development services departments. Therefore, we understand the complexity of the in -scope services the City provides, the stakeholder groups, and the systems and processes that support the delivery of services to customers. Table 2 presents a selection of our relevant departmental experience for the City's review. Table 2: BerryDunn's Relevant Departmental Experience Client Alachua County, FL City of Arlington, TX City of Beaverton, OR City of Boca Raton, FL City of Boise, ID City of Boston, MA City of Bridgeport, CT City of Detroit, MI City of Fernandina Beach, FL City of Fort Worth, TX City of Frisco, TX City of Gainesville, FL City of Gainesville, FL City of Hillsboro, OR City of Homestead, FL City of Irvine, CA City of Largo, FL City of Leander, TX City of Miami Beach, FL City of Philadelphia, PA City of Plano, TX Worked Performed Building and Fire Permit Fee Study Development Services System Replacement Electronic Permitting System Consultant and Implementation Project Manager Community Development System Selection and Implementation Assistance Entitlement, Permitting, and Inspections Cost of Service and Fee Analysis Business Process Mapping and Improvement of Right -of -Way Coordination and Management Building Permitting Process Analysis Housing and Revitalization Department Software Needs Assessment and Requirements Development Building Department Fee Study Structural Efficiency Study for Development and Permitting Services As -Is Process Diagramming and Improvement Recommendations for Plan Review Processes; Electronic Plan Review (EPR) System Selection and Implementation Oversight Building Permit Fee Study Building Fee Schedule Update Permitting and Planning Software Consultation Workflow and Comparative Fee Analysis Community Development Permit Software Needs Assessment and Implementation Project Management Services Building Permit Fee Study Development Process Review Review of Regulations and Processes Relating to Development Projects Philadelphia Water Permit Tracking System Requirements Development Development Services Solution Replacement Project and Implementation Support Dates 08/2022 - 08/2023 1/2024 - Present 01/2019 - 04/2023 07/2017 - 03/2023 04/2024 - Present 12/2019 - 08/2020 05/2024 - Present 08/2019 - 09/2020 04/2020 - 02/2021 06/2023 - Present 05/2018 - 12/2022 01/2021 - 06/2021 11/2021 - 06/2022 08/2021 - 09/2023 11/2015 - 07/2017 08/2020 - Present 03/2022 - 02/2023 01/2022 - 11/2022 03/2023 - 09/2023 05/2019 - 02/2020 1/2022 - Present b BerryDunn Relevant Experience 14 Client City of Puyallup, WA City of Richland, WA City of Rockville, MD City of Scottsdale, AZ City of Tucson, AZ City of Tucson, AZ City of Wilmington, NC City of Woodinville, WA Kern County, CA Manatee County, FL Santa Clara County, CA Sonoma County, CA Town of Longboat Key, FL Travis County, TX Worked Performed As -Is Business Process Diagramming for Community Development Functions Community Development Business Process Review Community Development Business Process Mapping, Analysis, and Training Planning, Permitting, and Code Enforcement System Selection and Implementation Permitting System Implementation Support Cost of Service Study; and Fee Schedule Redesign Community Development Implementation Project Management Permitting Operations Improvement Implementation Building Permits Process Improvement Services Building and Development Services Fee Study Development Permit Process Improvement Permit Management Review Services Comprehensive Fee Study Consultation Development Review Process and Fees Dates 02/2020 - 10/2022 11/2020 - 02/2021 07/2018 - 03/2019 06/2022 - Present 12/2018 - 01/2021 03/2022 - 07/2022 02/2019 - 06/2024 07/2023 - Present 02/2024 - Present 06/2021 - 07/2022 10/2024 - Present 05/2022 - 03/2023 08/2018 - 03/2019 12/2020 - 01/2022 b BerryDunn Relevant Experience 15 2.3. Commitment to the State The City will benefit from BerryDunn's demonstrated commitment to serving public -sector clients in Florida. In the past 10 years, we have completed 67 projects for 50 Florida -based communities, universities, and public -sector agencies. We have developed a strong understanding of the public -sector landscape in the State through consulting engagements with the clients listed below. In particular, we are especially well -versed in the rules, regulations, and policies impacting building, public works, planning, zoning, code compliance, and other related development services. Alachua C.,,ur vi . of ErCF. _.._ Ci : of of _ace vi CI Coupe•Ci-.. vi:,. of Coral =;:i r3 vi-, ofFernar::iLa 3each vi; cfFo-tLt:t.oei-1_'e vi-: of,= Ci1y of Gro,ieland City of Homestead City of Largo City of Lauderdale Lakes City of Lauderhill City of Margate City of Miami Beach City of New Smyrna Beach ■ ■ ■ . . ,` ` orth Lauderdale C nand o Auditor's v t. of Ormond Beach City of Palm Coasl City of Parkland City of Plantation City of Pod Orange City of Port St Lucie City of Sanibel City of Sarasota City of Tampa City of Zephryhills College of Central Florida Collier County Hillsborough County Manatee County ■ Martin County ■ Miami -Dade County ■ Monroe County ■ Northwest Florida State College • Pasco County ■ St. John's County ■ Suwannee County ■ Tampa Pod Authority ■ Town of Davie ■ Town of Jupiler • Town of Longboat Key ■ University of Florida ■ Village of Palm Springs ■ Village of Pinecrest b BerryDunn Relevant Experience 1 6 3. Project Team 3.1. Organizational Structure At BerryDunn, we believe in the synergy that accompanies a team approach. That said, we have carefully assembled a project team with unique and specialized qualifications that coincide with the needs and desired outcomes of the City. These project team members will remain committed, available, and assigned to perform the City's requested work effort. Figure 1 describes the organizational structure of our project team, followed by a listing of project staff. It should be noted we do not intend to subcontract any portion of the City's desired scope of work. Figure 1: Project Team Organizational Structure Keri Ouellette Permitting SM E Khara Dodds Planning SME Andrea Brinkley Public Works SME J Kevin Price Project Principal Austin Nichols Project Manager I Alison Tobey Lead Business Analyst Joseph Bergeon Business Analyst 3.2. Roles, Responsibilities, and Qualifications Jeff Martin Technical Analyst Below and on the following pages, we list our project team members' experience, qualifications, and expertise as it relates to projects of this nature and work with comparable public -sector clients. Our project team members' full resumes can be found in Appendix A. Kevin Price, MPP, PMP®, Prosci® CCP I Project Principal Kevin is a principal in our Local Government Practice Group. He leads our Community Development and Utility Operations Practice, assisting local government clients with business process improvement, fee analysis, system selection, and implementation projects. A certified Project Management Professional° (PMP®), Kevin has extensive experience in assessing the business needs and processes of municipal clients for permitting, inspections, planning, code enforcement, and land management functions. Kevin is also a Lean Six Sigma Green Belt, allowing him to continuously define, measure, analyze, improve, and control projects and environments for his clients. Kevin has supported BerryDunn's work with building, permitting, and planning departments throughout the State, including projects the Cities of Fernandina Beach, Gainesville, Homestead, Largo, and Miami Beach; the Town of Longboat Key; and Alachua and Manatee Counties. b BerryDunn Project Team 17 As the project principal, Kevin will: Have overall responsibility for the services we have proposed to the City Help ensure the commitment of our firm and appropriate resource allocation Review and approve all deliverables in accordance with BerryDunn's quality assurance processes Austin Nichols, MBA I Project Manager Austin is a senior consultant specializing in leading software assessment and system replacement projects, both as a consultant and former local government leader. He is currently project manager of electronic planning and permitting system selection projects with the City of Denton, Texas, and 41 City of Arlington, Texas. Austin excels by developing action plans through understanding stakeholder requirements, setting goals with measurable outcomes, managing project risks and issues, and providing transparent communication throughout the life cycle of the effort. He has successfully managed the implementation of large-scale software projects, developed a mobile app to connect citizens to city services, and led a Work Smarter initiative to reduce cost and increase the efficiency of utility and public works departments. As project manager, Austin will: Act as the primary liaison with the City Maintain a constructive and clear line of communication between the City's staff and BerryDunn Monitor project progress Track the initiation and completion of tasks and milestones Alison Tobey, MA I Lead Business Analyst Alison is a senior consultant in BerryDunn's Local Government Practice Group. She regularly assists our project teams in fact-finding exercises, in -person and virtual community engagement efforts, business process diagramming, and deliverable development. She has supported a range of projects, from communitywide comprehensive planning to enterprise system needs assessment and system selection efforts. Alison has a master's degree in Global Policy and International Affairs and prior work experience as a journalist. As a result, she is especially skilled in communication, content development, research, and analysis. Alison has served as a business analyst on relevant projects with the Cities of Miami Beach and Tampa, Florida; Alachua County, Florida; and the Town of Smithfield, Rhode Island. Joseph Bergeon I Business Analyst Joseph is a consultant in our Local Government Practice Group. He brings experience in government and community engagement at the local and federal levels. Joseph is focused on operational management, business process improvement, and analytical review for government institutions in the education, legislative, and community governance fields. Joseph has served in a similar role for the Cities of Denton and Fort Worth, Texas. As business analysts, Alison and Joe will: Assist with documentation review, Discovery Workshops, process diagramming, and functional and technical requirements development Support the development of project deliverables, lead the review of existing documents and data, and synthesize findings Keri Ouellette, MCRP, AICP I Permitting Subject Matter Expert (SME) Keri is a manager in our Local Government Practice Group and an expert in community development. An AICP-certified planner with prior public -sector experience, Keirjoined BerryDunn after working as permitting manager for the City of Portland, Maine, where she managed permitting, plan review, inspections, and code enforcement functions. Thanks to her previous work with New York City's Department of Housing Preservation and Development and the Town of Eastchester, New York, Keri has b BerryDunn Project Team 18 keen understanding of issues that municipalities face in addressing growth and managing enforcement. Keri regularly helps clients evaluate processes and leads the development of standard operating procedures to improve efficiency. She recently led two such projects for the City of Bridgeport, Connecticut, and the City of Miami Beach, Florida. Khara Dodds, MCRP, AICP I Planning SME Khara is a manager in BerryDunn's Local Government Practice Group. She is an AICP-certified planner with over 20 years of planning and community engagement experience, including 13 years of experience in public -sector leadership roles. She has led various departments in planning and land use services, economic development, code compliance, and fire and inspections services. Most recently, she served as the Director of Development Services for the Town of Prosper, Texas, and as Director of Planning and Land Use Services for the Town of Glastonbury, Connecticut. Khara applies an equity lens to all of her work. She is a member of BerryDunn's CEO Council on Diversity, Equity, Inclusion, Belonging, and Accessibility (DEIBA), a co-chair of the Systemic Barriers Subcommittee, and certified in Equitable Community Change through eCornell University. She is also a member of BerryDunn's Taskforce on Environmental, Social Responsibility, and Governance (ESG). Khara has supported planning and permitting improvement projects for clients such as the City of Miami Beach, Florida; City of Woodinville, Washington; and the Cities of Fort Worth and Leander, Texas. Andrea Brinkley, MPA, PMP® I Public Works SME Andrea is a senior consultant in BerryDunn's Local Government Practice Group with 24 years of municipal government experience that includes leadership roles in public works, public utilities, and capital improvement program execution. As a result, she has extensive experience in analysis of service delivery, operational assessment, and operational and capital improvement budgets. She has worked with public works and finance department teams to formulate project -related costs, forecasting, and assisted with programming and planning for debt issuances and source funding for a successful outcome of a five-year capital improvement project. As SMEs, Keri, Khara, and Andrea will: Assist with documentation review, Discovery Workshops, and process diagramming Leverage their knowledge of planning, permitting, and public works best practices, trends, technologies, and lessons learned Jeff Martin, PMP®, CGCIO, CBCP, CCRP I Technical Analyst Jeff is a senior consultant in BerryDunn's Local Government Practice Group. Prior to joining BerryDunn, he served the Town of Mooresville, North Carolina for nearly a decade, most recently as Deputy Technology and Innovation Director. He is especially skilled in providing IT governance, developing business continuity and disaster recovery programs, and ensuring CJIS, PCI, and NIST CSF compliance. He is skilled in managing IT vendor contracts and relationships and ensuring those comply with internal finance, legal, and procurement requirements as well as local statutes and state laws. He regularly leverages his PMP® and CGCIO credentials to help BerryDunn's municipal clients to align technology and organizational objectives. As Technical Analyst, Jeff will: Assist with documentation review, Discovery Workshops, process diagramming, and functional and technical requirements development Leverage his knowledge of enterprise technology best practices, trends, and lessons learned b BerryDunn Project Team 19 4. Project Approach 4.1. Applied Methodologies Project Management To help ensure that project objectives are met, and initiation and completion of project work are conducted in a timely manner, each BerryDunn project is led by an experienced project manager who understands and utilizes project management best practices. Our Consulting Services Team employs project management best practices from the Project Management Institute®'s (PMI®'s) A Guide to the Project Management Body of Knowledge Guide (PMBOK® Guide). Figure 2 illustrates the standards of project management as defined by performance domains and project delivery principles that are critical for effective delivery of project outcomes. Figure 2: Performance Domains and Project Management Guiding Principles I PMBOK® Guide Performance Domains 1 2 3 4 5 6 7 8 Team Stakeholders Life Cycle Planning Navigating Uncertainty and Ambiguity Delivery Performance Project Work Change Management Principle -Based Standards • Stewardship • Team • Stakeholders • Value • Holistic Thinking • Quality • Complexity • Leadership • Tailoring Opportunities and Threats • Adaptability and Resilience • Change Management Stakeholders' willingness to adopt new processes and tools plays a significant role in the success —or failure —of system replacement projects. BerryDunn has observed resistance to change in virtually all our engagements. As such, our project management approach is carefully integrated with change management methodologies to promote buy -in and consensus for the project. We will work with you to proactively address resistance by: Engaging stakeholders at the right level throughout the project to build understanding for the need for change and gain support from the people who will be using the future solutions and who are most familiar with current processes Developing and executing a communications plan that considers the information needs of each stakeholder group Documenting business processes and working with stakeholders to understand how their work will be performed in the future environment We have adopted the Prosci° change management methodology and trained over 100 consultants to become Prosci® Certified Change Practitioners (CCPs). A central focus of the Prosci° change management approach is the belief that, b BerryDunn Project Approach 110 for change to work in an organization, individuals must be willing to change and understand change. Additionally, according to research conducted by Prosci®, the likelihood of project success increases significantly and in alignment with the level of change management focus applied to the project. Figure 3, on the following page, shows that even small increases in focus on change management, from "poor" to "fair," are likely to have a positive impact on system adoption and project success. Figure 3: Change Management's Impact on Project Success -RN 15% 42% Poor change management Fair change management 4.2. Detailed Work Plan 76% Good change management BerryDunn strives to be flexible when it comes to developing and executing an effective work plan. We understand that no two projects are exactly alike, and our past clients have appreciated our willingness to adapt to their needs. This mindset plays a foundational role in how we measure the success of our portfolio of similar projects and helps to build strong, collaborative partnerships with our clients. You can expect our approach to offer the following key benefits: A methodology based on our extensive experience conducting similar projects Quality assurance processes that incorporate the City's review and approval of all deliverables and key milestones Thorough business process improvement activities, helping the City identify root causes of process and/or system deficiencies A focus on taking full advantage of the newest technology and harnessing efficiencies by reviewing business practices or implementing technology to enhance existing business processes performed by the City Built-in project management and change management best practices that focus on keeping the project on time, on budget, and progressing at a healthy pace for the City's stakeholders to give input in the information - gathering process, understand recommendations, and trust in the plans for moving forward The ability to satisfy all requirements of the City's requested scope of work Below and on the following pages, we outline the key steps and milestones the City can expect from our approach. We will approach this project with a focus on developing recommendations that align fact-finding outcomes, assessment results, stakeholder feedback, and more. "rojec ni,a Ion an. lingo, :{ 'rojec' Yanagemen 0.1 Conduct initial project planning. Our partnership with the City will begin with an initial project planning session facilitated via web conference with the City's project manager to introduce key team members and refine dates and/or tasks as appropriate. Listening is key to establishing a strong partnership with our clients; as such, we will listen to the City's project manager to better understand project goals, expectations, and challenges. We will discuss our approach to managing communications between BerryDunn and the City and the scope, risks, and resource management. We will also request names b BerryDunn Project Approach 111 and contact information for the appropriate staff members involved in the project. These discussions will inform the development of the Project Work Plan and Schedule. 0.2 Develop the Project Work Plan and Schedule. Based on the information gathered from our initial project planning session, we will develop a draft Project Work Plan and Schedule to address our communications, scope, risks, and resource management. The Project Work Plan and Schedule will also address our approach to providing the exact services requested by the City and the agreed -upon time frame for each task. In addition, the Project Work Plan will incorporate agreed -upon procedures related to project control between BerryDunn and the City's project team, including quality management and deliverable submission/acceptance management. After providing draft versions of these materials in advance, we will facilitate a teleconference to review the drafts and solicit feedback from the project team. We will incorporate this feedback into the document and then distribute it to the project team in final form. Deliverable 1 - Project Work Plan and Schedule 0.3 Develop Biweekly Project Status Updates. Throughout the project, our project manager, Austin Nichols, will provide Biweekly Project Status Updates via web conference. These will describe the activities and accomplishments for the reporting period, plans for the upcoming month, risks or issues encountered during the reporting period, and anticipated problems that might impact any project deliverable. We will meet with the City's project manager to review these updates and find that these help to reinforce a strong line of communication between BerryDunn and the City throughout the engagement. Deliverable 2 - Biweekly Project Status Updates Phase 1. Requirements Elicitation and BRD Creation 1.1 Develop and issue an information request. We will provide the City with an information request sheet to obtain available documentation that will be helpful to us during the project (e.g., current staffing levels, job descriptions, organizational charts, current process workflows, regulatory documents, guides, a list of existing building permit types, and a list of relevant community organizations and development associations). We will respectfully request that the City provide the requested information prior to project kickoff presentation and Discovery Workshops, as reviewing this information in advance will enable us to be more efficient, become more knowledgeable of the current environment, and make best use of City personnel's time. 1.2 Lead an on -site project kickoff presentation. Our team will facilitate an in -person project kickoff presentation with City leadership and project stakeholders. This kickoff presentation will serve as an opportunity to introduce project team members, discuss the City's goals, present our project approach and methodology, review the schedule of key project dates, and answer questions. As part of this presentation, the City's project sponsor is expected to participate and speak to the initiative's goals and objectives. 1.3 Facilitate Discovery Workshops. We will conduct a series of in -person Discovery Workshops over the course of two weeks. We have planned for up to six days of onsite time at the City with any additional required time being spent virtually. We have planned to have these six days scheduled during two consecutive weeks and will work with the City's project team to determine a schedule that works best for both the BerryDunn and City teams. Through these workshops, we will document the current state of permitting application use, including existing business processes, internal and external user experiences, and known challenges and pain points. Multiple BerryDunn team members will lead these b BerryDunn Project Approach 112 Phase 1. Requirements Elicitation and BRD Creation sessions to allow for concurrent scheduling. When necessary, we will accommodate unanticipated scheduling challenges of City personnel to provide all stakeholders the opportunity to contribute their thoughts and ideas. We will conduct any necessary follow-up activities via web conference. Deliverable 3 - Discovery Workshops 1.4 Confirm list of as -is processes to diagram. We will work with the City's project team to develop a list of up to 89 as -is permitting processes to diagram. We will develop a diagramming schedule and prepare support materials —all of which we will share with the City's project team before finalizing. 1.5 Facilitate as -is process diagramming work sessions. We will then conduct virtual, as -is process diagramming work sessions. We plan to facilitate up to 80 hours of meetings. After these meetings, we will conduct as -needed follow-up and develop draft As -Is Process Diagrams. 1.6 Review and finalize the As -Is Process Diagrams. We will facilitate a virtual work session with the City's project team to review the As -Is Process Diagrams in draft form. We will incorporate feedback and requested revisions before updating the diagrams to final form. While we do not limit the number of review iterations, we have planned to accommodate up to two review cycles. Deliverable 4 - As -Is Process Diagrams 1.7 Develop a Requirements Scope Confirmation Memo. Based on the information collected through the Discovery Workshops and As -Is Process Diagrams, we will develop a document confirming the scope and direction for the functional and technical requirements. This will include confirming the in -scope processes, systems to be replaced, anticipated interfaces, approach to data conversion, key technical considerations, and key decision points. This Memo will also include a description of the City's goals and objectives for an improved future state. 1.8 Review the Requirements Scope Confirmation Memo. We will facilitate a virtual work session with the City's project team to review the Requirements Confirmation Memo, which we will update based on the City's feedback. Deliverable 5 - Requirements Scope Confirmation Memo 1.9 Develop Preliminary Functional and Technical Requirements. We will develop Preliminary Functional and Technical Requirements based on the results of the Discovery Workshops, As -Is Process Diagrams, and direction confirmed in the Requirements Scope Confirmation Memo. We will also leverage BerryDunn's experience leading similar projects for comparable clients as well as our knowledge of software system functionality and best practices. Deliverable 6 - Preliminary Functional and Technical Requirements b BerryDunn Project Approach 113 Phase 1. Requirements Elicitation and BRD Creation 1.10 Facilitate joint requirements planning (JRP) work sessions. We will conduct a series of JRP work sessions with City staff to review, confirm, and update the Preliminary Functional and Technical Requirements. We plan to conduct these work sessions in -person over the course of three consecutive days with two additional days of virtual meetings the following week. We will reconvene many of the same stakeholders, organized by functional area that met during the Discovery Workshops and As -Is Process Diagramming to discuss the future system capabilities. Using the preliminary list, we will review and confirm each item and assign a relative criticality to communicate to vendors responding to the list as part of their RFP responses. We will also facilitate similar meetings to review potential interfaces and data conversion objects. Once these have been reviewed, we will update the list to final. Our role in facilitating the JRP work sessions involves contributing our focused knowledge of the vendor marketplace to align the items requested in the list with the goals and objectives of the City. For example, we might comment on where functionality being requested is beyond the core capabilities of vendors and might represent a cost increase. Conversely, we can advise on requirements to include that might be commonplace today, but beyond the familiarity of City stakeholders. 1.11 Develop a BRD. Based on the JRP work sessions, we will develop the final functional and technical requirements, which we will package in a BRD. We will review these with the City's project team and incorporate requested revisions and suggested feedback. Deliverable 7 - Business Requirements Document (BRD) b BerryDunn Project Approach 114 4.3. Anticipated Timeline Below, we outline our anticipated timeline to complete the City's Requirements Elicitation and BRD Creation. We will identify key dates in coordination with the City when developing the final schedule during initial project planning. 01_ Conduct initial project planning 02_ Develop the Project Work Plan and Schedule 0.3 Develop Biweekly Project Status Updates 1.1Developand issue an information request 1_2 Lead an on -site project kickoff presentation 13 Facilitate Discovery Workshops 14 Confirm list of as -is processes to be diagrammed 1.5 Facilitate as -is process diagramming work sessions 16 Review and finalize the As -Is Process Diagrams 1.7 Developa Requirements Scope Confirmation Memo 1.8 Review the Requirements Scope Confirmation Memo 1.9 Develop Preliminary Functional and Technical Requirements 1.10 Facilitate JRP planning work sessions 111 Develop Business Requirements Document Week 'Y L `3 k h co 1 c g 1•53 yy \2' yam' y� rh ti�D y� • • 11 • ry6 (1, LO ry3 ry� • b BerryDunn Project Approach 115 5. Proposed Fees Our proposed fixed fee to complete the City's Requirements Elicitation and BRD Creation is broken down by phase and deliverable in Table 3. These fees are based on our OMNIA, NCPA Contract #11-15 Business and IT Consulting and Advisory Services Contract as well as our experience conducting projects of similar size and scope, and the assumption that satisfying a deliverable is based on the City's signed acceptance. That said, the City will not incur any additional costs associated with the process of reaching deliverable acceptance. Table 3: Cost by Project Phase and Deliverable Phase/ Deliverable Fee Project Initiation and Ongoing Project Management Deliverable 1. Project Work Plan and Schedule Deliverable 2. Biweekly Project Status Updates $13,200 $9,070 Phase 1. Requirements Elicitation and BRD Creation Deliverable 3. Discovery Workshops Deliverable 4. As -Is Process Diagrams Deliverable 5. Requirements Scope Confirmation Memo Deliverable 6. Preliminary Functional and Technical Requirements Deliverable 7. Business Requirements Document (BRD) Total $73,595 $45,575 $12,670 $10,240 $29,940 $194,290 b BerryDunn Proposed Fees 116 5.1. Hourly Rates The fees proposed in Table 3 are based on the agreed -upon hourly rates established through our OMNIA NCPA Contract #11-15, as presented in Table 4. Table 4: BerryDunn's Hourly Rates Team Member Title Hourly Rate Kevin Price Austin Nichols Principal $385 Senior Consultant $230 Alison Tobey Senior Consultant $230 Joe Bergeon Keri Ouellette Staff Consultant $205 Manager $260 Khara Dodds Manager Andrea Brinkley Senior Consultant Jeff Martin Senior Consultant $260 $230 $230 b BerryDunn Proposed Fees 117 Appendix A. Resumes Kevin Price, MPP, PMP®, Prosci® CCP EDUCATION AND CERTIFICATIONS Master's degree, Public Policy and Management, Concentration in Financial Management, University of Southern Maine Bachelor's degree, Economics and Political Science, University of Maine Project Management Professional® (PMP°), Project Management Institute° Prosci° Certified Change Practitioner Lean Six Sigma Green Belt Certified AFFILIATIONS AND MEMBERSHIPS • City of Westbrook, ME Planning Board, 2023 - Present • City of Westbrook, ME Sewer Commission - Member, 2021 - Present SELECT CLIENTS City of Arlington, TX City of Homestead, FL City of Irvine, CA City of Miami Beach, FL City of Plano, TX City of Scottsdale, AZ City of Tucson, AZ PRINCIPAL Kevin Price is a principal in BerryDunn's Local Government Practice Group and leader of the Community Development and Utility Operations Practice. In this role, he assists local government clients with business process improvement, strategic and comprehensive planning, fee analysis, system selection, and implementation projects. A certified Project Management Professional® (PMP®), he has extensive experience assessing the business needs and processes of municipal clients for permitting, inspections, planning, code enforcement, and land management functions. Kevin is also a Lean Six Sigma Green Belt, allowing him to continuously define, measure, analyze, improve, and control projects and environments for his clients. RELEVANT EXPERIENCE Project Management: Kevin has managed large projects for some of BerryDunn's most complex local government clients. He is adept at keeping projects on track and on schedule while meeting the dynamic and sometimes evolving needs of clients. He previously led BerryDunn's Engagement Management and Vehicle Blight Projects for the City of San Jos& California. Software Needs Assessments: Kevin has helped guide BerryDunn clients as they select and transition to updated software systems. He excels at understanding the as -is conditions of a client's current environment and helping the client define their preferred future in the form of to -be attributes. He has previously worked with the City of Irvine, California on a needs assessment of their permitting software. Process Analysis and Improvement: Kevin has assisted BerryDunn clients with process improvement projects as part of system replacement projects and as standalone projects. Kevin has previously led the process improvement projects with the Cities of Rockville, Maryland; Scottsdale, Arizona; Philadelphia, Pennsylvania; and Frisco, Texas. He also led the mapping of Community Development and Utility Operations processes for the City of Richland, Washington. System Selection and Implementation: Kevin has assisted BerryDunn clients with every stage of system replacement and implementation projects, from needs assessment to requirements definition, RFP development, proposal evaluation, facilitation of vendor demonstrations, contract negotiation, and implementation project management. Most recently, he assisted the City of Plano, Texas, with the selection of a new permitting system. Fee Studies: Kevin has assisted BerryDunn clients with cost of service and comparative fee analysis projects. Kevin previously led our comparative fee analysis projects with the City of Homestead, Florida, and the City of Dallas, Texas, as well as fee studies for the Cities of Gainesville, Largo, and Fernandina Beach, Florida; Manatee County, Florida; the Town of Longboat Key, Florida; the City of Tucson, Arizona; and the City of Bozeman, Montana. b BerryDunn Appendix A. Resumes 118 EDUCATION AND CERTIFICATIONS MBA, University of Texas Arlington Bachelor's degree, Texas Tech University SELECT CLIENTS City of Arlington, TX City of Aventura, FL City of Denton, TX City of Frisco, TX City of Irvine, CA City of Philadelphia, PA City of Plano, TX City of Scottsdale, AZ City of Tempe, AZ Kern County, CA Metropolitan Government of Nashville and Davidson County, TN Austin Nichols, MBA SENIOR CONSULTANT Austin Nichols is a senior consultant in our Local Government Practice Group. Having led multiple software system replacement projects, Austin excels by developing action plans through understanding stakeholder requirements, setting goals with measurable outcomes, managing project risks and issues, and providing transparent communication throughout the life cycle of the effort. He has successfully managed the implementation of large-scale projects, including enterprise resource planning (ERP) and computer -aided dispatch (CAD)/record management systems (RMS), developed a mobile app to connect citizens to city services, and led a Work Smarter initiative to reduce cost and increase the efficiency of utility and public works departments. PROJECT EXPERIENCE Business Analysis Project Management: Austin managed the implementation of an ERP software project including finance, human resources, and utility billing modules as well as a CAD/RMS software project to modernize the operational processes of the City of Weatherford, Texas Police and Fire Departments. Having analyzed business processes across multiple functional departments to help ensure maximum effectiveness of operations, he recommended solutions to executive leaders by prioritizing technical and functional requirements of City departments. He has experience coordinating training operations for 400+ employees. Process Improvement: Austin leads many of our process improvement projects. He conducts as -is and to -be process diagramming in order to thoroughly understand a system's current state and to identify future features and processes that will best support the end users. This objective analysis helps stakeholders identify and prioritizes upgrades and improvements. Leadership: Austin leverages his ability to set goals, formulate effective action plans, and translate executive directives to line -level employees in his managing multimillion -dollar project and departmental budgets. He is adept at interdepartmental coordination and communication and managing effective change. GIS Analysis: Austin served as a project manager of geographical information systems (GIS) project implementation, which included asset management software, electric utility modeling, and customer relationship management software. In addition, he collected, analyzed, and forecasted capital asset cost data for the preparation of utility and public works budgets. Austin leveraged ArcGIS Server to create and publish maps for web mapping applications, and he administered various GIS-centric software platforms across all departments. b BerryDunn Appendix A. Resumes 119 EDUCATION AND CERTIFICATIONS MA, Global Policy and International Affairs, University of Maine Bachelor's Degree, Journalism, University of Maine Lean Six Sigma Green Belt (LSSGB) AFFILIATIONS AND MEMBERSHIPS • American Planning Association (APA) Northern New England Chapter • Historic Preservation Commission, City of Biddeford, ME SELECT CLIENTS Alachua County, FL City of Detroit, MI City of Farmers Branch, TX City of Fort Worth, TX City of Leander, TX City of Miami Beach, FL City of Scottsdale, AZ City of San Jose, CA City of Tampa, FL City of Tempe, AZ City of Woodinville, WA Dona Ana County, NM Kern County, CA Scott County, IA Alison Tobey, MA, LSSGB SENIOR CONSULTANT Alison Tobey is a senior consultant in BerryDunn's Local Government Practice Group. In this role, she assists local government clients with strategic and comprehensive planning, organizational assessment, business process improvement, and system selection projects. Her passion for helping others guides her work. Her consulting experience has afforded her the opportunity to help clients connect with stakeholders and create actionable recommendations to better serve their organizations and their communities. She leverages her prior experience as a journalist to provide clear, understandable, and thoughtful deliverables to support client needs. PROJECT EXPERIENCE Process Diagramming and Improvement: Alison has assisted BerryDunn clients with process improvement projects as part of system replacement projects and as standalone projects. She assists with process diagramming of current and future state processes, as well as providing recommendations for overall process improvement. Organizational Assessment: Alison regularly helps development services departments assess and improve their organizational structures and processes. She assists in fact-finding, conducting interviews with stakeholders, peer community benchmarking, and providing recommendations for improvement. Research and Analysis: Alison regularly supports clients by conducting primary research and analysis on an array of topics. Her approach to research and analysis is informed by her advanced global policy and international relations degree, as well as her experience as a news reporter. She approaches research tasks in a manner that considers clients' larger issues, goals, and objectives, and develops clear, concise, and thorough results and analyses. Deliverable Development: Alison supports project teams by assisting in the timely development of project deliverables. Her experience includes developing reports detailing an organization's current business processes and providing opportunities for improvement, utilizing Microsoft Visio to accurately diagram business processes, drafting sections of an organization's comprehensive plan, and supporting facilitation and creation of community engagement events. Stakeholder Engagement: Alison excels at leading stakeholder interviews and supporting focus groups. She leverages her prior experience as a journalist, as well as her strong written and verbal communication skills. She supports virtual engagement efforts, social media campaigns, and content creation. Comprehensive Planning: Alison regularly supports comprehensive planning initiatives for New England communities. She assists with planning, facilitation, and notetaking during community visioning sessions and events, as well as with fact-finding activities. She also helps draft current state analyses, policy recommendations, and final plan content. b BerryDunn Appendix A. Resumes 120 EDUCATION AND CERTIFICATIONS BS, Global Business and Economics, Salve Regina University IC3 Digital Literacy Certification Global Standard 5 - Microsoft Key Applications AFFILIATIONS AND MEMBERSHIPS • Senator George J. Mitchell Institute Scholar • United States Senate Youth Scholar • Pell Honors Program and McAuley Scholar • Sigma Beta Delta, Business Honor Society • Omicron Delta Epsilon, Business Honor Society SELECT CLIENTS City of Arlington, TX City of Beaverton, OR City of Bridgeport, CT City of Denton, TX City of Farmers Branch, TX City of Fort Worth, TX City of Largo, FL City of Leander, TX City of Midland, TX Kern County, CA Pitkin County, CO Scott County, IA Joseph Bergeon CONSULTANT Joseph Bergeon is a consultant in BerryDunn's Local Government Practice Group. He regularly supports our Technology Management and Community Development and Utility Operations practices. Joseph brings experience in government and community engagement at the local and federal levels. Joseph is focused on operational management, business process improvement, and analytical review for government institutions in the education, legislative, and community governance fields. PROJECT EXPERIENCE Government: Joseph has experience working in the U.S. Senate as well as supporting municipal planning and regional school administration. He has worked with policy makers at local and federal levels. In these roles, he excelled at processing information from the community and disseminating data to executive leaders. He served as point of contact for cases with agencies including the Internal Revenue Service, the Department of Veterans Affairs, the Social Security Administration, and the Centers for Medicare & Medicaid Services. Consulting: Joseph is experienced in developing project deliverables for clients. He regularly supports fact-finding interviews, business process improvement, and public engagement. He collaborates with managers and senior consultants to manage client meetings and public engagement sessions on comprehensive planning, cost recovery analysis, systems selection and implementation projects, IT management and operations assessments, and data management and governance strategies. Community Involvement: Joseph has experience in student government and various community service organizations. He represented student interests on a regional board of school directors for two years, affecting policy change and contributing to strategic planning. He also served for two years on a municipal comprehensive planning committee in Maine, with a focus on community development and small business. b BerryDunn Appendix A. Resumes 121 EDUCATION AND CERTIFICATIONS Master's degree, City and Regional Planning (MCRP), Georgia Institute of Technology Bachelor's degree, Urban Studies and Architectural Studies, Connecticut College American Institute of Certified Planners (AICP) AFFILIATIONS AND MEMBERSHIPS • American Planning Associations (APA) Member • City of South Portland, Maine, Board of Appeals, 2023 - 2024 • City of South Portland, Maine, Affordable Housing Committee, 2024 - Present SELECT CLIENTS City of Attleboro, MA City of Bridgeport, CT City of Leander, TX City of Miami Beach, FL City of Plano, TX City of Wilmington, NC City of Woodinville, WA Pitkin County, CO Scott County, IA Village of Schaumburg, IL Keri Ouellette, AICP, MCRP MANAGER Keri Ouellette is a manager in BerryDunn's Local Government Practice Group. She is an AICP-certified planner and former municipal permitting manager, planner, and building and land development services program manager. Through her prior public -sector experience, she has gained a mastery of land use legislation development and implementation —including zoning analyses, development impact fees, housing policy, and development review regulations. She has a keen understanding of the issues municipalities face in addressing growth and managing enforcement, as well as the best practices, policies, and procedures municipal planning agencies must embrace in order to achieve efficient, effective service delivery. Keri is also well -versed in the technology that supports permitting and planning, as she pioneered system modernizations in her positions with multiple municipalities. RELEVANT EXPERIENCE Project Management: Keri has served as project manager for multiple system selection, comprehensive planning, and process analysis and improvement projects. In these projects, she provides a clear line of communication between BerryDunn staff and the client's team and helps keep the project advancing on schedule. She currently serves as project manager for a development services regulations and processes review with the City of Miami Beach, Florida, and a permitting process analysis for the City of Bridgeport, Connecticut. Process Analysis and Improvement: Keri regularly helps clients evaluate processes and leads the development of standard operating procedures to improve efficiency. She leverages her past public -sector experience and knowledge of best practices to identify opportunities for improved efficiency and highlight duplicative processes. Keri has played key roles in process improvement and planning projects with the City of Leander, Texas; City of Miami Beach, Florida; and City of Attleboro, Massachusetts. Systems Selection and Implementation: Keri has supported BerryDunn's clients in selecting and implementing enterprise software systems, including planning, permitting, code enforcement, and inspections as functional areas. She has served as the project manager for Scott County, Iowa, as it selected a new community development software system, as well as a subject matter expert for Plano, Texas. She also provided implementation oversight to the City of Wilmington, North Carolina, as it implemented zoning and code enforcement software modules. Permitting and Inspections Management: As the permitting manager for the City of Portland, Maine, Keri oversaw the entire permitting process from intake through inspection completion for all construction permits. During her tenure, Keri managed the implementation of a modern online permitting and records management system. She was integral in the technical pieces, such as system customization and conducting quality assurance testing, while leading the business processes to support the systems, like training staff and establishing workflows. b BerryDunn Appendix A. Resumes 122 EDUCATION AND CERTIFICATIONS Master's degree, City and Regional Planning, Rutgers University Bachelor's degree, Urban Studies/Africana Studies, Rutgers University The American Institute of Certified Planners (AICP) Equitable Community Change Certificate, eCornell Institute of Cultural Affairs (ICA) Technology of Participation® (ToP®), Facilitation Methodology AFFILIATIONS AND MEMBERSHIPS • BerryDunn CEO Council on DEIBA, Systemic Barriers Subcommittee; Taskforce on ESG; and Embrace Employee Resource Group, Co -Chair • APA, Texas Chapter, DEI Committee Member • Texas Association of Community Development Corporations SELECT CLIENTS City of Fort Worth, TX City of Pearland, TX City of Leander, TX City of Miami Beach, FL City of Woodinville, WA Orange County, NC Khara Dodds, AICP, MCRP MANAGER Khara Dodds is a manager in BerryDunn's Local Government Practice Group. She is an AICP-certified planner with more than 13 years of leadership experience and 20 years of planning and community engagement experience. She believes in the potential of community development to empower communities and positively impact quality of life. Khara leverages her experience in city and regional planning to assist clients as they assess existing policies and processes, collect and evaluate stakeholder input, and identify and implement recommendations for improvement. RELEVANT EXPERIENCE Community Development: Prior to joining BerryDunn, Khara was director of development services for the Town of Prosper, Texas; director of planning and community development for the Town of Glastonbury, Connecticut; and director of planning for the City of Hartford, Connecticut. In Prosper, she oversaw building, code compliance, and planning functions. In Glastonbury, she oversaw community development, health and fire code compliance, planning, and building functions. In these roles, she collaborated with engineering and public works functions and served as a liaison to land use boards and commissions. She led dynamic teams through all facets of community development, including, for instance, managing the plan review process of large-scale development projects, initiating the planning process for affordable housing, and leading sustainability certification efforts. She prepared design guidelines, regulation amendments, and a multi -faceted community engagement program to get input from residents, the development community, property owners, and board/commission members. Engagement: Khara is a skilled facilitator, trained in the ICA ToP® facilitation methodology, and often leads participant engagement. She recently led community interviews and forums for the City of Port Arthur, Texas, strategic planning effort. She has provided similar engagement support on a homelessness strategic plan for the City of Santa Monica, California, and a strategic plan for the Santa Clara County, California, Consumer and Environmental Protection Agency (CEPA). Diversity, Equity, and Inclusion (DEI): Khara has a demonstrated commitment to applying a DEI lens to departmental analyses and embedding DEI into engagement strategies. She is a member of BerryDunn's CEO Council on Diversity, Equity, Inclusion, Belonging, and Accessibility (DEIBA) systemic barriers subcommittee and is certified in Equitable Community Change through eCornell University. She supports DEI efforts through the APA, Texas Chapter, DEI Committee. In the public sector, she led multiple community equity projects, recommended the declaration of racism as a public health crisis, led affordable housing initiatives, worked with underserved neighborhoods on improvement and revitalization, and secured economic development incentives for large development projects. She is also a member of BerryDunn's Taskforce on Environmental, Social Responsibility, and Governance (ESG). b BerryDunn Appendix A. Resumes 123 EDUCATION AND CERTIFICATIONS Master of Public Administration, Western Michigan University Bachelor of Arts in Geography, Calvin University Project Management Professional° (PMP®) AFFILIATIONS AND MEMBERSHIPS • American Public Works Association (APWA), Texas Chapter • American Water Works Association • Project Management Institute° (PMI°), Austin Chapter, 2007 - Present • International City Management Association, Member, 2014 AWARDS Citation for Exemplary Service to Public Works, APWA Texas, 2022 SELECT CLIENTS City of Cedar Park, TX City of Fort Worth, TX City of Irvine, CA City of South Portland, ME Hawai'i County, HI Andrea Brinkley, MPA, PMP® SENIOR CONSULTANT Andrea Brinkley is a senior consultant in BerryDunn's Local Government Practice Group. She has 24 years of municipal government experience that includes leadership roles in capital improvement program execution, public works, and public utilities. She has extensive experience in operational and capital improvement budgets, training, project management, analysis of service delivery, operational assessment, engagement with local government communities, and leading a diverse staff with a collaborative and participatory approach. RELEVANT EXPERIENCE Process Development and Improvement: Andrea's public -sector experience includes analyzing and implementing key process improvements related to administration, contracting, financial management, and staff development. While serving as assistant director for the City of Pearland, Texas' Public Works Department, she led the development of a department -level assessment and strategic plan. She also developed a department -level emergency operations plan. Training and Development: In multiple public -sector leadership roles, Andrea hired and onboarded 22 new hires to support capital improvement departments and divisions. This included developing job descriptions, policies, and procedures. She also led and coached 120 staff in both enterprise fund and general fund management. She trained and developed these staff in operations, agenda requests, communication updates, data collection, and project management. Capital Program Management: Prior to joining BerryDunn, Andrea served as director of the City of Pflugerville, Texas' capital improvement program. In this role, she had oversight of a $1.4 billion, five-year capital improvement program (CIP), expanded functional operations, and coordinated new and existing funding with state and federal entities, including the Environmental Protection Agency (EPA), Water Infrastructure Finance and Innovation Act (WIFIA), Texas Water Development Board (TWDB), and the Texas Department of Transportation (TxDOT). Andrea's experience also includes building and leading a new capital improvement division for the City of Baytown, Texas. In this role, she established all operations policies and procedures; selected a new CIP software; implemented and oversaw a five- year, $250 million CIP for utilities (water and wastewater), transportation, drainage, facilities, and parks; provided transparency and project cost clarity; and obtained new local, state, and federal funding totaling $88 million in new Community Development Block Grant (CDBG), American Recovery Plan Act (ARPA), and TWDB funding. Funding: Andrea has led the public works department budgeting process for a $15 million general fund and a $55 million enterprise fund covering more than 13 cost centers. She has obtained millions in state, local, and federal funding, including from the CDBG, ARPA, EPA, WIFIA, TWDB, and TxDOT. She has managed state and federally -funded transportation and water resource projects, including budget, contracts, agreements, reporting, and performance measures. b BerryDunn Appendix A. Resumes 124 EDUCATION AND CERTIFICATIONS BS, Information Technology Management, American Public University Certified Government Chief Information Officer (CGCIO) Certified Project Management Professional° (PMP®) Certified Business Continuity Professional (CBCP) Certified Cyber Resilience Professional (CCRP) AFFILIATIONS AND MEMBERSHIPS • Project Management Institute • Disaster Recovery Institute International • Information Systems Audit and Control Association SELECT CLIENTS City of Camarillo, CA Outagamie County, WI Tualatin Hills Parks and Recreation District, OR Jeff Martin, PMP®, CGCIO, CBCP, CCRP SENIOR CONSULTANT Jeff Martin is a senior consultant in BerryDunn's Local Government Practice Group who uses his background as a former local government IT director and cybersecurity consultant to help our clients solve their biggest challenges and modernize technology strategies. PROJECT EXPERIENCE Local Government IT Leadership: During his nine-year tenure with the Town of Mooresville, North Carolina, Jeff's roles as deputy IT director and network administrator required him to manage Network Infrastructure, Systems Management, and GIS Teams, as well as major capital projects across cross - organizational teams. He played a lead role in the development of the IT departments five-year strategic plan and monitored plan implementation using key performance indicators. Jeff was also a member of the Mooresville Senior Leadership Team and IT Governance Committee, giving him in-depth experience contributing to organization -wide decision -making and planning. IT Security, Business Continuity, and Disaster Planning: During his time with the Town of Mooresville, Jeff used his expertise to build an organization -wide Business Continuity and Disaster Recovery Program, which standardized business impact analysis, recovery planning, and key performance measures for all departments. He has implemented preventative maintenance and disaster recovery technologies to ensure security and protection against physical and cybersecurity threats and managed compliance with CJIS, PCI, and NIST CSF requirements by developing appropriate policies and technical controls and implementing continuous improvement techniques. Client Service and Communication: As a director of customer success during his time as a cybersecurity consultant, Jeff focused on ensuring a smooth customer experience through timely resolution of issues and building trust in client relationships. He provided guidance for customers related to cybersecurity compliance and cybersecurity insurance needs based on his experience. He managed multiple projects to develop Client Implementation Rollout Plans and implemented new policies and strategies to improve overall client success. b BerryDunn Appendix A. Resumes 125 City of Miami, Florida EXHIBIT B INSURANCE REQUIREMENTS Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident B. Endorsements Required City of Miami listed as an additional insured I!!. Worker's Compensation Limits of Liability 16 $ 1,000,000 City of Miami, Florida Statutory -State of Florida Waiver of Subrogation Company Employees Only - Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $5,000,000 General Aggregate Limit $5,000,000 Retro Date Included V. Network Security and Privacy Injury (Cyber Liability) Each Claim Policy Aggregate Retro Date Included $2,000,000 $2,000,000 Consultant agrees to maintain professional liability/Errors & Omissions coverage, along with Network Security and Privacy Injury (Cyber) coverage, for a minimum of 1 year after termination of the contract period subject to continued availability of commercially reasonable terms and conditions of such coverage. VI. Umbrella Liability Each Occurrence Policy Aggregate $5,000,000 $5,000,000 City listed as additional insured. Coverage is excess over all applicable Liability policies contained herein 17 City of Miami, Florida The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no Tess than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 18 City of Miami, Florida EXHIBIT C CERTIFICATE OF INSURANCE BERRDUN-03 HDOWNING AC'C)12 O CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 4/30/2025 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 have ADDITIONAL INSURED provisions or 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 Clark Insurance, a Marsh & McLennan Agency, LLC company 1945 Congress Street, Bldg A PO Box 3543 Portland, ME 04104-3543 INSURED Berry Dunn McNeil & Parker LLC 2211 Congress Street Portland, ME 04102 COVERAGES CERTIFICATE NUMBER- CONTACT Heather Caston-Talbot, AAI, CIIP, CIC NAM PHONE (A/c, No, Eq. (207) 523-2235 I (A°iXC, No): R;Rs; heather.caston-talbot@marshmma.com INSURERS AFFORDING COVERAGE INSURER A : Hanover American NA1C # 36064 INsuRER a:The Hanover Insurance Company INSURER C:MEMIC Ind. Co INSURER D INSURER E 22292 11030 INSURER F !SIONNUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY TO T - D NAMED ABOVE FOR THE POLICY PERIOD a • R DOCUMENT WITH RESPECT TO WHICH THIS -- r IBED HEREIN IS SUBJECT TO ALL THE TERMS, • - • AIMS INSR I LTR TYPE OF INSURANCE ADDL INSD SUER WV,D POLICY NUMBER POLICY E" MU. r ' - • EXP -M/DDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE f X OCCUR XZP D240054 - 30 ' - 4/30/2026 DAMAGE TO RENTED 1,000,000 MED EXP (Any Pne or ant $ 15,000 \vy PERSONAL & ADVINJURV $ 1,000,000- $ 2,000,000 GENLAGGRE 1'� LIMIT ApPLI S PER: GENERAL AGGREGATE POLICY P JELQT LOC PRODUCTS --COMP/OP AGO $ 2,000,000 OTHER: /'�o $ B AUTOMOBILE LIABILITY J ` ' _ COMBINED SINGLE LIMIT �LEX�� 1,000,000 ANY AUTO X -^ �� AHPD24003� 1 ( 4/30/2025 4/30/2026 INJURY Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS v vBODILY ///��� ` y) BODILY INJURY jPer accident) $ X RIM ONLY X rStilLY � J (P LgRf6nt PEIPY ALE $ X fired Pegs Hired Phys Dam $ 50,000 B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 EXCESS LIAB CLAIMS -MADE D240055 4/30/2025 4/30/2026 AGGREGATE $ 8,000,000 DED X RETENTION $ 0 ‹Z $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY • PER I j OTH- X STA,TUTE Y t ANY PROPRIETOR/PARTNER/EXECUTIVE 3102800540 1/1/2025 1/1/2026 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ��► (Mandatory in NH) A E.L. DISEASE - EA EMPLOYEE_, $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below EL r SEASE - POLICY LIMIT $ 1,000,000 _ DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Addltronal Remarks Schedule, may be attached if moo apace rs requi ed) 30 day notice of cancellation with 10 days notice for non-payment of premium, if required by writtel contract/agreement. e City of Mlaml Is Included as additional insured with respects to the General Llabl)Ity and Automobile Llabrllty If required by written contract subject to the policy terms & conditions. CERTIFICATE HOLDER CANCELLATION City of Miami 444 S.W. 2nd Avenue Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD fti ACTOR CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 04/30/2025 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 have ADDITIONAL INSURED provisions or 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 Affinity Insurance Services 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 INSURED Berry, Dunn, McNeil & Parker, LLC 2211 Congress Street Portland. ME 04102 COVERAGES CERTIFICATE NUMBER: CONTACT NAME: PHONE ( Cam. No EMI' ADDRESS: FAX (wc Mn): INSURER($ AFFORDING COVERAGE INSURER A: Continental Casualty Company _ INSURER B:Columbia Casualty Company INSURER C • INSURER D: INSURER E : INSURER F : NA IC it 20443 31127 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 AODL SUER; POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD • POLICY NUMBER (MMIDD/YYYY) R hVDD/YYYY) LIMITS GEN'L COMMERCIAL GENERAL LIABILITY CLAIMS -MADE f I OCCUR AGGREGATE LIMIT APPLIES PER- 7 JECT J LOC OTHER. dmilk : w `�/jv_) Cr:(:::§ V �\ (\_MED el CD EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea, occurrence) 5 5 EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ _POLICY PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE — LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY �^ SCHEDULED10 AUTOS NON -OWNED AUTOS ONLY ^\ \ \ v (</ �A� Y✓7 t701N9kNE[]SINC+F.E LIMIT AE�La rrll $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per en $ $ UMBRELLA LIAB EXCESSLIAB OCCUR CLAIMS-MADEi(e..." 'j��\\J V O EACH OCCURRENCE $ AGGREGATEUTE $ DED RETENTION $ I — $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY / ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below IA A I R STA { F E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE EL. DISEASE - POLICY LIMIT $ 5 A Professional Liability B Media, Network Security, Privacy Liability APL-188112791 652108915 04411/2025 T4)01t2026 05/31/2024 r5/31/2025 PerCtaim/Aggregate Limit Aggregate Limit No Prior Azits Limit grla erpump r $5,000,000 / $5,000,000 $2,000,000 Date limitation applies. shown are as requested. ey ,.Yr...p e,.y ...,,y,w,,.,. rpr DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Claims -made policies CERTIFICATE HOLDER CANCELLATION City of Miami 444 S.W. 2nd Avenue Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTH ZEDTIVE � c Cut ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From: Quevedo, Terry Sent: Friday, May 30, 2025 9:35 AM To: De Vito, Daniel; Gomez Jr., Francisco (Frank) Cc: Aviles, Yesenia Subject: RE: PROCUREMENT INSURANCE REVIEW FOR BERRY DUNN McNELL & PARKER LLC Daniel The COI is adequate. Rega rds 7 erry M. Quevedo Q City of Miami Risk Management Department `(</ 14NE 1st Avenue, 2nd Floor �v Miami, Florida 33132 `)<V (305) 416-1641 Office (305) 416-1710 Fax •O' Tquevedo©a.miamigov.com <Z3 "Soweet9, Sektoce, cold %naor¢&v mx9 aun (�aoumuuoutcy o� o O O (/)/ .....e From: De Vito, Daniel <DaDeVito@miamigov.com> Sent: Friday, May 30, 2025 9:30 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Cc: Aviles, Yesenia <YAviles@miamigov.com> Subject: PROCUREMENT INSURANCE REVIEW FOR BERRY DUNN McNELL & PARKER LLC Good morning team, Please review the insurance attached at your earliest convenience and advise if adequate according to insurance requirements contained therein. Thank you! Daniel De Vito Procurement Contracting Officer i City of Miami Department of Procurement 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 Office: (305) 416-1922 Email: dadevito©miamigov.com Helpful Links: For vendor registration click Here For current solicitations please Visit our Solicitation Page Current contracts can be viewed by Visiting our Contract Database For solicitations in the Cone of Silence please visit our Cone of Silence Webpage City of Miami, Florida EXHIBIT D OMNIA CONTRACT 20 Request for Proposal (RFP) for Business and IT Consulting and Advisory Services Solicitation Number: 41-20 Publication Date: Tuesday, October 6th, 2020 Notice to Respondent: Submittal Deadline: Thursday, November 19th, 2020 2:00 pm CST Questions regarding this solicitation must be submitted to questions@ncpa.us no later than Thursday, November 12th, 2020. All questions and answers will be posted to http://www.ncpa.us/solicitations. It is the intention of Region 14 Education Service Center (herein "Region 14 ESC") to establish a Master Agreement for Business and IT Consulting and Advisory Services for use by Region 14 ESC and other public agencies supported under this contract. This Request for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, higher education institution, state, other government agency, healthcare organization or nonprofit organization may purchase Products and Services through this contract. Respondents will be required to execute the NCPA Administration Agreement upon award. This contract will allow agencies to purchase on an "as needed" basis from a competitively awarded contract. Respondents are requested to submit their total line of available products and services. While this solicitation specifically covers Business and IT Consulting and Advisory Services, respondents are encouraged to submit an offering on any or and all products and services available that they currently perform in their normal course of business. Responses shall be received electronically no later than the submittal deadline via our online Bonfire portal at ncpa.bonfirehub.com Immediately following the deadline, all responses will be publicly opened and the respondents recorded. Any response received later than the specified deadline will be disqualified. Responses will remain sealed by our online Bonfire portal until the bid opening time specified. Responses received outside our online Bonfire portal will not be accepted. Sealed responses may be submitted on any or all items, unless stated otherwise. Proposal may be rejected for failure to comply with the requirements set forth in this invitation. Competitive Solicitation by Region 14 Education Service Center For Business and IT Consulting and Advisory Services On behalf of itself and other Government Agencies And made available through the National Cooperative Purchasing Alliance RFP #41-20 NCPA National Cooperative Purchasing Alliance Introduction / Scope ♦ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non- profit organizations (herein "Public Agency" or collectively "Public Agencies") is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of Business and IT Consulting and Advisory Services. ♦ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administrative support for the awarded vendor that promotes the successful vendor's products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal. ♦ Awarded vendor(s) shall perform covered services under the terms of this agreement. Respondents shall provide pricing based on a discount from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included. ♦ Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service within any category, or multiple services within any and all categories. ♦ National Cooperative Purchasing Alliance (NCPA) ➢ The National Cooperative Purchasing Alliance (herein "NCPA") assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that must comply with procurement laws and regulations. ♦ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP. ➢ Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies; ➢ Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; ➢ Combine the purchasing power of Public Agencies to achieve cost effective pricing; ➢ Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures. Instructions to Respondents • Submission of Response > Only responses received via our online Bonfire portal will be accepted. Faxed or mailed responses will not be accepted. > Responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response. > Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response. > Withdrawal of response will not be allowed for a period of 120 days following the opening. Pricing will remain firm for 120 days from submittal. • Required Proposal Format > Responses shall be provided electronically via our online Bonfire portal. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non -responsive and may not be evaluated. It's recommended that all tabs, with the exception of Tab 7 (Pricing), be submitted in Portable Document Format (PDF). Please note pricing can be submitted separately in a alternate format (e.g. xlsx, xls, csv). • Tabs > Tab 1 - Master Agreement / Signature Form > Tab 2 - NCPA Administration Agreement > Tab 3 - Vendor Questionnaire > Tab 4 - Vendor Profile > Tab 5 - Products and Services / Scope > Tab 6 - References > Tab 7 - Pricing > Tab 8 - Value Added Products and Services > Tab 9 - Required Documents Tab 1 - Master Agreement General Terms and Conditions ♦ Customer Support ➢ The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request. ♦ Disclosures ➢ Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. ➢ The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract. ♦ Renewal of Contract ➢ Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor. ♦ Funding Out Clause ➢ Any/all contracts exceeding one (1) year shall include a standard "funding out" clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity's current revenue only, provided the contract contains either or both of the following provisions: ➢ Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. ♦ Shipments (if applicable) ➢ The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ♦ Tax Exempt Status ➢ Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor. ♦ Payments ➢ The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor. ♦ Adding authorized distributors/dealers ➢ Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized. ➢ Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA. ➢ Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder. ➢ All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA. ♦ Pricing ➢ All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor's responsibility to keep all pricing up to date and on file with NCPA. ➢ All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing ♦ Warranty ➢ Proposals should address each of the following: ■ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. ■ Availability of replacement parts ■ Life expectancy of equipment under normal use ■ Detailed information as to proposed return policy on all equipment ♦ Indemnity ➢ The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract. ♦ Franchise Tax ➢ The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes. ♦ Supplemental Agreements ➢ The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. ♦ Certificates of Insurance ➢ Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ♦ Legal Obligations ➢ It is the Respondent's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ♦ Protest ➢ A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following: ■ Name, address and telephone number of protester ■ Original signature of protester or its representative ■ Identification of the solicitation by RFP number ■ Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested ➢ Any protest review and action shall be considered final with no further formalities being considered. ♦ Force Majeure ➢ If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. ➢ The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty ♦ Prevailing Wage ➢ It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly. ♦ Miscellaneous ➢ Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. ♦ Open Records Policy ➢ Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page -by - page and line -by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). ➢ The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Regionl4 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. Process Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document. ♦ Contract Administration ➢ The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC. ♦ Contract Term ➢ The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years. ➢ It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ♦ Contract Waiver ➢ Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ♦ Products and Services additions ➢ Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP. ♦ Competitive Range ➢ It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ♦ Deviations and Exceptions ➢ Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor's complete line of products and/or services, when possible. ♦ Estimated Quantities ➢ The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $15 - $20 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation ♦ Evaluation ➢ Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance. ♦ Formation of Contract ➢ A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. ♦ NCPA Administrative Agreement ➢ The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort. ♦ Clarifications / Discussions ➢ Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent's whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent's are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents' proposals or prices. ♦ Multiple Awards ➢ Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies. ♦ Past Performance ➢ Past performance is relevant information regarding a vendor's actions under previously awarded contracts; including the administrative aspects of performance; the vendor's history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor's businesslike concern for the interests of the customer. Evaluation Criteria ♦ Pricing (40 points) ➢ Electronic Price Lists ■ Products, Services, Warranties, etc. price list ■ Prices listed will be used to establish both the extent of a vendor's product lines, services, warranties, etc. available from a particular bidder and the pricing per item. ♦ Ability to Provide and Perform the Required Services for the Contract (25 points) ➢ Product Delivery within participating entities specified parameters ➢ Number of line items delivered complete within the normal delivery time as a percentage of line items ordered. ➢ Vendor's ability to perform towards above requirements and desired specifications. ➢ Past Cooperative Program Performance ➢ Quantity of line items available that are commonly purchased by the entity. ➢ Quality of line items available compared to normal participating entity standards. ♦ References (15 points) ➢ A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years ♦ Technology for Supporting the Program (10 points) ➢ Electronic on-line catalog, order entry use by and suitability for the entity's needs ➢ Quality of vendor's on-line resources for NCPA members. ➢ Specifications and features offered by respondent's products and/or services ♦ Value Added Services Description, Products and/or Services (10 points) ➢ Marketing and Training ➢ Minority and Women Business Enterprise (MWBE) and (HUB) Participation ➢ Customer Service Signature Form The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. Prices are guaranteed: 120 days Company name Address City/State/Zip Telephone No. Fax No. Email address Printed name Position with company Authorized signature Tab 2 - NCPA Administration Agreement This Administration Agreement is made as of , by and between National Cooperative Purchasing Alliance ("NCPA") and ("Vendor"). Recitals WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated referenced as Contract Number , by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the "Master Agreement"), for the purchase of Business and IT Consulting and Advisory Services; WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as "public agency" or collectively, "public agencies") may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies; WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis; NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows: ♦ General Terms and Conditions ➢ The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ➢ NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor's obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC. ➢ Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. ➢ NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. ➢ With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re -marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. ➢ The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ♦ Term of Agreement ➢ This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement. ♦ Fees and Reporting ➢ The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below: Entity Name Zip Code State PO or Job # Sale Amount Total ➢ Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor's annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides. Annual Sales Through Contract Administrative Fee 0 - $30,000,000 2% $30,000,001 - $50,000,000 1.5% $50,000,001+ 1% ➢ Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA's costs and expenses for such audit. • General Provisions > This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. > Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA. > If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which such party may be entitled. > Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA, provided, however, that the Vendor may, without such written consent, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement. > This Agreement and NCPA's rights and obligations hereunder may be assigned at NCPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA's obligations hereunder > All written communications given hereunder shall be delivered to the addresses as set forth below. National Cooperative Purchasing Alliance: Vendor: Name: Name: Title: Title: Address: Address: Signature: Date: Signature: Date: Tab 3 - Vendor Questionnaire Please provide responses to the following questions that address your company's operations, organization, structure, and processes for providing products and services. ♦ States Covered ➢ Bidder must indicate any and all states where products and services can be offered. ➢ Please indicate the price co -efficient for each state if it varies. ❑ 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) ❑ Alabama ❑ Alaska n Arizona n Arkansas n California n Colorado n Connecticut n Delaware ❑ District of Columbia ❑ Florida n Georgia n Hawaii ❑ Idaho ❑ Illinois n Indiana n Iowa n Kansas ❑ Kentucky n Louisiana n Maine ❑ Maryland n Massachusetts ❑ Michigan n Minnesota ❑ Mississippi n Missouri n Montana n Nebraska n Nevada n New Hampshire n New Jersey n New Mexico ❑ New York n North Carolina ❑ North Dakota ❑ Ohio ❑ Oklahoma n Oregon n Pennsylvania ❑ Rhode Island n South Carolina ❑ South Dakota n Tennessee n Texas ❑ Utah n Vermont ❑ Virginia ❑ Washington ❑ West Virginia n Wisconsin ❑ Wyoming ❑ All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) ❑ American Somoa ❑ Northern Marina Islands ❑ Federated States of Micronesia ❑ Puerto Rico ❑ Guam ❑ U.S. Virgin Islands ❑ Midway Islands ♦ Minority and Women Business Enterprise (MWBE) and (HUB) Participation ➢ It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified. ■ Minority / Women Business Enterprise • Respondent Certifies that this firm is a M/WBE ■ Historically Underutilized Business • Respondent Certifies that this firm is a HUB o o ♦ Residency ➢ Responding Company's principal place of business is in the city of State of ♦ Felony Conviction Notice ➢ Please Check Applicable Box; ❑ A publically held corporation; therefore, this reporting requirement is not applicable. ❑ Is not owned or operated by anyone who has been convicted of a felony. ❑ Is owned or operated by the following individual(s) who has/have been convicted of a felony ➢ If the 3rd box is checked, a detailed explanation of the names and convictions must be attached. ♦ Distribution Channel ➢ Which best describes your company's position in the distribution channel: ❑ Manufacturer Direct ❑ Certified education/government reseller ❑ Authorized Distributor ❑ Manufacturer marketing through reseller ❑ Value-added reseller ❑ Other: ♦ Processing Information ➢ Provide company contact information for the following: ■ Sales Reports / Accounts Payable Contact Person: Title: Company: Address: City: State: Zip: Phone: Email: ■ Purchase Orders Contact Person: Title: Company: Address: City: State: Zip: Phone: Email: ■ Sales and Marketing Contact Person: Title: Company: Address: City: State: Zip: Phone: Email: ♦ Pricing Information ➢ In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. ■ If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions. ❑ Yes ❑ No ➢ Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer. ❑ Yes ❑ No ➢ Vendor will provide additional discounts for purchase of a guaranteed quantity. ❑ Yes ❑ No ♦ Cooperatives ➢ List any other cooperative or state contracts currently held or in the process of securing. Cooperative/State Agency Discount Offered Expires Annual Sales Volume Tab 4 - Vendor Profile Please provide the following information about your company: ♦ Company's official registered name. ♦ Brief history of your company, including the year it was established. ♦ Company's Dun & Bradstreet (D&B) number. ♦ Company's organizational chart of those individuals that would be involved in the contract. ♦ Corporate office location. ➢ List the number of sales and services offices for states being bid in solicitation. ➢ List the names of key contacts at each with title, address, phone and e-mail address. ♦ Define your standard terms of payment. ♦ Who is your competition in the marketplace? ♦ Provide Annual Sales for last 3 years broken out into the following categories: ➢ Cities / Counties ➢ K-12 ➢ Higher Education ➢ State Government ➢ Other government agencies or nonprofit organizations ♦ What differentiates your company from competitors? ♦ Describe how your company will market this contract if awarded. ♦ Describe how you intend to introduce NCPA to your company. ♦ Describe your firm's capabilities and functionality of your on-line catalog / ordering website. ♦ Describe your company's Customer Service Department (hours of operation, number of service centers, etc.) ♦ Green Initiatives ➢ As our business grows, we want to make sure we minimize our impact on the Earth's climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative. ♦ Vendor Certifications (if applicable) ➢ Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service. Tab 5 - Products and Services ♦ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs. ♦ The following is a list of suggested (but not limited to) categories. List all categories that you are responding with: ➢ Strategic Planning ➢ IT Assessments ➢ Project Management Oversight ➢ Business Process Improvement ➢ Organizational Change Management ➢ Procurement ➢ Implementation Oversight ➢ Business Advisory & Support ➢ Business Process Reengineering ➢ Consultation Services ➢ Customized Training ➢ Software Asset Management ➢ Software Portfolio Management ➢ Tax Consulting and Compliance ➢ Financial Statement Audits ➢ Internal Controls Review ➢ Organizational Design ➢ Leadership development & coaching services ➢ Succession and transition planning ➢ Customer/Citizen experience design ➢ Service digitization assessment and consulting services ➢ Data analytics consulting services ➢ Data strategy and transformation ➢ Technology strategy and consulting (to include cloud strategy, IT organization / operating model) ➢ Program and system assessments ➢ Program management services ➢ Resource capacity modeling and planning ➢ Risk analysis and management ➢ Research and analysis Tab 6 - References ♦ Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, Higher Education, City, County, State, or non-profit entities. ♦ All references should include the following information from the entity: ➢ Entity Name ➢ Contact Name and Title ➢ City and State ➢ Phone ➢ Email Address ➢ Years Serviced ➢ Description of Services ➢ Annual Volume Tab 7 - Pricing • Please submit standard pricing electronically (pricing can be submitted as Discount off MSRP, cost plus, hourly rate, weekly bundles, etc.). As these services are specialized, feel free to offer innovative and creative pricing arrangements for consideration. Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent's services (Tab 5) that are available. • Price lists must contain the following: > Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers). > Description > Vendor's List Price > Percent Discount to NCPA participating entities • Submit price list electronically on CD, DVD, or Flash Drive. Include respondents name, name of solicitation, and date on media of choice. • Not To Exceed Pricing > NCPA requests pricing be submitted as "not to exceed pricing" for any participating entity. > The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation. > NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members. Tab 8 - Value Added Products and Services ♦ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities. Tab 9 - Required Documents ♦ Clean Air and Water Act / Debarment Notice ♦ Contractors Requirements ♦ Antitrust Certification Statements ♦ Required Clauses for Federal Funds Certifications ♦ Required Clauses for Federal Assistance by FTA ♦ State Notice Addendum Clean Air and Water Act & Debarment Notice I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment 0, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement. I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension", as described in the Federal Register and Rules and Regulations Potential Vendor Print Name Address City, Sate, Zip Authorized signature Date Contractor Requirements Contractor Certification Contractor's Employment Eligibility By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program. Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed Fingerprint & Background Checks If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District. The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed Business Operations in Sudan, Iran In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran. Authorized signature Date Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. Company name Address City/State/Zip Telephone No. Fax No. Email address Printed name Position with company Authorized signature Required Clauses for Federal Funds Certifications Participating Agencies may elect to use federal funds to purchase under the Master Agreement. The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency's subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable. APPENDIX II TO 2 CFR PART 200 (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000) (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein. (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non - Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18). CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS Contractor agrees to: a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11). CIVIL RIGHTS / TITLE VI REQUIREMENTS 1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract: a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, "Age Discrimination in Employment Act", 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor's control where segregated facilities are maintained. As used in this certification the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non -Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part. Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS PARTICIPATION This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs", therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT -assisted contracts. 1) Non -Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor's receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non -DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this Contract. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES Agency and Contractor acknowledge and agree that, absent the Federal Government's express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate. Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. State Notice Addendum The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract. For your reference, the links below include some, but not all, of the entities included in this proposal: http://www.usa.gov/Agencies/State and Territories.shtml https://www.usa.gov/local-governments RFP #41-20 for Buiness and IT Consulting Services Thursday, November 19th, 2020 Evaluation Criteria Point Value 22nd Century Avaap Avero Berry Dunn Pricing 40 30 35 28 25 Ability to service the contract 25 5 10 5 20 References 15 8 10 6 13 Technology 10 8 8 6 7 Value Added Products and Services 10 6 7 4 8 Total 100 57 70 49 73 Evaluation Committee for Contract: Emily Jeffrey Matthew Mackel Jonathan Applegate Vendors Awarded Under this Contract McKinsey and Company EY Berry Dunn The Boston Consulting G KPMG Ciber Global Collaborative Solutions Linea Solutions Avaap RFP #41-20 for Buiness and IT Consulting Services Thursday, November 19th, 2020 Evaluation Criteria Point Value BKJ Global Bright Morning Consulting Ciber Global Clovity COGENT Infotech Pricing 40 38 38 30 25 30 Ability to service the contract 25 5 15 20 5 15 References 15 5 10 10 4 10 Technology 10 7 2 8 5 8 Value Added Products and Services 10 2 2 8 4 5 Total 100 57 67 76 43 68 Evaluation Committee for Contract: Emily Jeffrey Matthew Mackel Jonathan Applegate RFP #41-20 for Buiness and IT Consulting Services Thursday, November 19th, 2020 Evaluation Criteria Point Value Collaborative Solutions DevCare Solutions EY KPMG Linea Secure Pricing 40 30 38 30 30 35 Ability to service the contract 25 15 10 23 25 5 References 15 12 8 12 12 5 Technology 10 8 5 8 8 6 Value Added Products and Services 10 8 6 5 5 4 Total 100 73 67 78 80 55 Evaluation Committee for Contract: Emily Jeffrey Matthew Mackel Jonathan Applegate RFP #41-20 for Buiness and IT Consulting Services Thursday, November 19th, 2020 Evaluation Criteria Point Value Linea Solutions Maxxion Technologies McKinsey and Company Mindboard The Boston Consulting Group Pricing 40 35 30 38 30 35 Ability to service the contract 25 20 5 25 15 25 References 15 5 2 15 10 12 Technology 10 6 3 10 4 9 Value Added Products and Services 10 4 2 10 6 8 Total 100 70 42 98 65 89 Evaluation Committee for Contract: Emily Jeffrey Matthew Mackel Jonathan Applegate RFP #41-20 for Buiness and IT Consulting Services Thursday, November 19th, 2020 Evaluation Criteria Point Value V3iT Consulting Needpipe Pricing 40 35 30 Ability to service the contract 25 10 10 References 15 8 3 Technology 10 7 5 Value Added Products and Services 10 5 5 Total 100 65 53 0 0 0 Evaluation Committee for Contract: Emily Jeffrey Matthew Mackel Jonathan Applegate NCPA #41-20 - Request for Proposal (RFP) for Business and IT Consulting and Advisory Services Project Overview Project Details Reference ID Project Name Project Type Project Description Open Date Close Date Seal status #41-20 Request for Proposal (RFP) for Business and IT Consulting and Advisory Services RFP Business and IT Consulting and Advisory Services Oct 06, 2020 6:00 AM CDT Nov 19, 2020 2:00 PM CST Requested Information Proposal Pricing Unsealed on Nov 19, 2020 2:17 PM CST Nov 19, 2020 2:17 PM CST Unsealed by Jonathan Applegate Jonathan Applegate RFP Bid/Proposal Receipt List: RFP #41-20 Business and IT Consulting and Advisory Services Thursday, November 19th, 2020 2:00 pm Supplier Berry Dunn McNeil & Parker, LLC Linea Solutions Collaborative Solutions Date Submitte d Nov 19, 2020 12:46 PM CST Nov 19, 2020 1:20 PM CST Nov 18, 2020 8:00 PM CST The Boston Consulting Group, Inc. Avaap BKJ Global Management Consulting, LLC 22nd Century Technologies, Inc. KPMG LLP Nov 19, 2020 12:11 PM CST Nov 19, 2020 11:06 AM CST Nov 19, 2020 1:47 PM CST Nov 18, 2020 11:04 AM CST Nov 19, 2020 11:04 AM CST Name Kevin Scheirer Bradford Hodgson Broc Zautner Kevin Sanders Nathan Waggenspac k Shanita Johnson Kulpreet Singh William Puga Email pgcv@berrydunn.com bids@lineasolutions.com bzautner@collaborativesolutions.com sanders.kevin@bcg.com nate.waggenspack@avaap.com info@bkjgmc.com govt@tscti.com wpuga@kpmg.com DevCare Solutions Bright Morning Consulting McKinsey and Company, Inc. Washington D.C. COGENT Infotech Corporation Mindboard Inc. Avero, LLC www.needpipe.co m V3iT Consulting,Inc EY Maxxion N Technologies Inc Clovity, Inc Nov 19, 2020 1:06 Janaki Thiru PM CST Nov 19, 2020 10:03 AM CST Nov 19, 2020 11:21 AM CST Nov 19, 2020 9:45 AM CST Nov 16, 2020 10:37 AM CST Nov 16, 2020 12:32 PM CST Nov 19, 2020 10:31 AM CST Nov 19, 2020 10:28 AM CST Nov 19, 2020 9:13 AM CST Nov 19, 2020 10:31 AM CST Nov 19, 2020 1:59 PM CST Nov 19, 2020 12:20 PM CST N Ciber Global, LLC L Eugene Bellavance Geoff Bradford Justin Acord Gergana Boneva April Romines Clayton Rote Vandana Padgaonkar Jackie Taylor Tariq Kottai Cameron Starman Carrie Christoph info@devcare.com gene.bellavance@brightmorningconsulting.c om mckinsey_contracts@mckinsey.com Govt-Bids@cogentinfo.com gboneva@mindboard.com bd@averoadvisors.com clayton.rote@needpipe.com rfp@v3it.com Jackie.Taylor@ey.com tariq@maxxion.com certifications@clovity.com cchristoph@ciber.com Linea Secure 20201:40 Bradford PM CST Hodgson Nov 19, bhodgson@lineasolutions.com 2C 1 TUESDAY, OCTOBER 13, 2020 1 USA TODAY E3 SPORTS FOR THE RECORD All times ET BASKETBALL NBA Finals LA. 3LLake Ls19rs4, Miami 2 Sept NBA Finals MVPs NFL AMERICAN CONFERENCE East na 92 7Warm lelrbefengla South North es NATIONAL CONFERENCE East Washington nts South Carolina Tampa BeaLs North Green Bay 4 o0o2In I westra o boo n4 Sunday's Games tt4 Baltimore 2T, Cincinnati 3 miarn,I3 San Dallas 3T NY ttle 2T Minnesota 26 MaOpeoye L A Chargers at New Orleans onda''s Gamt Green y Tuesday's Game Houston at Sunday's Gamesants, I gm Monday'sSeattle en a am o MLB LEAGUE CHAMPIONSHIP (Best of ] x If necessary) American League Tampa Bay 2 Houston 0 At San Diego (At Games TBS) oct 11 Tampa Bay 2, Houston 1 Tampa ear National League Atlanta vs. Los Angeles oArlington, ; Al9a s,Teoogntavtoders aa(ena ( Dodgers (Kershaw6¢gm,0 m(DDodersysA Atlanta F SOCCER MLS EASTERN CON ERENCE ePleblegelgia New England 265 21 New York DC United 11 13 30 WESTERN CONFE ENCE 219 198 , Galaxy Sunday's Ga';',M7y c1 elezleoeibtlel 30 Wednesdays Games Columbus Colorado at Seattle, 10 p m AUTO RACING NASCAR Cup Series Bank of America ROVAL 400 Sunday At Charlotte Motor Speedway Road Course, Concord, N.C. Lap length 228 miles Oranenn Pon inparenthool (2) Chase Elliott, Chevrolet, 109 laps,49 Points ) 55 (10) Kurt gran Blaney, Chevrolet, 6 33. T ) William y (5)Alex 1oc 11(4))Kevlinr wnd'roF ;nos, 3a is(in) naraaaaarlaet, 1o,1s, za N.C. 15 (n Dante namlln, Tgen,,oe, a ( era iew°kh drao9ee2o',oe'2 o. 19 (6)Austin Dillon chsmola4t0e toe g) Bbsva!de, ttam,Tme�ea ((( ) MattDlBenetleo, Ford, 2. 3 ((13nehNei epaael!ibrylma', ice, 30. ((NeNlloE°de s°,' °i',oe,g,o ".9iDavison, a,0°T James t19 35.9Vire oweeelleeiole bordz S))euei`ao((g)MwCleebblerB, ejjla,95, iiTimmy Toyota, ngee5T, 0 DEALS BASEBALL Major League Baseball Ai erlcwn TEesoxueBaiaasaa manager National Ne League Nee an BASKETBALL ar,er d elenea hee CHICAGO NBA BULLS- asaaas,sta ogara at 7,1 FOOTBALL un 00 Niattonaall FONs0bat Leoal�ue Morns hams Placed DT DJ Reader on ibured re eCere'beELAND BROWNS - Placed CB Greedy ODDS SPONSORED BY BETMGM.COM 1) BETMGM For the latest lines, picks and expert analysis, go to sportsbookwire.com Visit BetMGM.com fora risk -free first bet up to $500. Use bonus code ROAR Pregamecem L. League vague Baseball Tuesday National League Poodle Line LOAneleS OFF Atlanta tlanOFF American League .orite Line Unde.g Line Tampa Bay OFF HOUSIOn OFF NFL Tuesday TENNESSEE 33 53B Buffalo MARKETPLACE TODAY Sunday nderdog N miCag0 Green ey lS Y es PHVI'VMA Monday Savor. 0 v, 0/U Underdog KanSaS City 3 3 OFF BUFFALO Odds ore subject 90 change. does not offer lines for NEW Jersey -bused college sepores eeTZO. son reT yearn nosfromes. ensroomsar ro bettingsarvkes. Newsrooms ore Indep en:Vet [his re to for sc and Nere Arno Ntluenra on news coverage. Fore dvertising informoton 1800 3970070 mAive russellj ohns cam/usot Laird finally wins Shriners in playoff Steve DiMeglio 601.e, I USA TODAY Network LAS VEGAS — The third time proved to be the charm for Martin Laird. After failing to end matters on the 72nd hole and then again on the first playoff hole, Laird knocked in a 23-foot putt for birdie on the second extra hole to win the Shriners Hospitals for Chil- dren Open in Sunday's fading light at TPC Summerlin. Laird, who shared the overnight lead and led by three at the turn, made an astounding par on the 17th hole in reg- ulation to protect his one-shot lead but missed his par attempt on the 72nd hole from 28 feet and headed to a playoff against Austin Cook and Matthew Wolff. On the first extra hole at the par-4 18th hole, Laird had a chance to end the tournament but his attempt from 31 feet just grazed the hole. But after Cook and Wolff both missed their bird- ie attempts on the195-yard par-317th, Laird rolled in his winner. The win was his first in seven years and his second Shriners title; in 2009 he won in a playoff on the l8thhole. He has four PGA Tour titles. Laird, playing on a sponsor's exemption, will certain- ly move up from his ranking of 358 in the world. "It's been a while, so I'vebeenwork- ing hard. Seven years since my last one: Laird said. "Probably feel like now my game is really as good as it has been. Been playing well the last few Laird Shrlers Hospitals for Children Open FinalnRound a 9(500) 51,260,000 (-3) Austin cook (245) E (T5), s23 Abraham Wolff (5)21 -2 a mhn0(13595 o00 James Hahn 5259,000e Peter mry Will Zalatoris, )5 Patrick Dentlaa5ele�mb ElseT5o -- 5(Siwoo m(T5) EI a Matthew NesniN(5519,50 6'a Jus<nsuh 5190T50 c'a s,nglae m(54)5125,40 webm on(5E a1T 1e se 66 6T 6T(-In AyHarndhald mrClark r III4) 51 �0 63 68 66 TO 26T {(�)T1 BranJohn se (l Harman Caan(Eeb5lo nn ' Johnson (43)(E ,030 65 68 68 6T_268 ( (( eSeObet :fig fi el Cameron f6 (4) Ee6,030 66 66 66 T0_268(Tom Hoge 15) raeronsnfettl(t�nEE5 e5o To �269 u ((1 ( 15) weeks; just haven't had the results. "But I love it here. I'm going to really enjoy this one. I can't wait to go back and see my kids and my wife and cele- brate with them: Laird (68), Cook (66) and Wolff (66) ended regulation at 23-under 261. "Overall this is the best finish in three years since the win," Cook said of his 2017 victory in the RMC Classic. "Game is on the right track. It's kind of an emo- tional day. It's been such a grind to get back here. Just being back in the mo- ment, I loved it, and I can't wait to do it again" Wolff, 21, was hying to become the youngest multiple winner on the PGA Tour since Sergio Garcia in 2001 Wolff had three eagles in a five -hole stretch en route to a 61 in the third round and eagled the 16th Sunday to give himself a chance. Abraham Ancer closed with a 67 to finish fourth, three shots back USA TODAY NETWORK HEISMAN TROPHY SURVEY The top offensive stars from the presumed College Football Playoff favorites made the most of their opportunity in prime time Saturday. Clemson's Trevor Lawrence again leads the weekly USA TODAY Network Heisman survey after his Tigers pulled away from Miami. Lawrence received 59 total points and was voted first by 18 of the 22 official Heisman electors employed by USA TODAY Network properties participating in the weekly survey. Through four games, Lawrence has connected on a 72.4% completion rate for 1,140 yards, 10 touchdowns and no picks. He also has four rushing scores. Jones closed the gap on Lawrence in the survey with 26 points, including a couple of first -place mentions. Jones has a better completion percentage of 79.5%, with 1,101 yards and eight TD tosses. Pbyer, school, position, ymr 2. Spa on,PB, Jr. $ T Mac oAlabama, ¢B, Jr. Kyle TraSk, Florida,¢B, Sr 05. 4 14 TraVIS zrn Etienne, BYUe¢B, wilaanJr. PB, sr. Nalee Harris Alabama, nos, Sr. Kyle Pitt, Florida, TE, Jr. Jaylen Waddle, Alabama, WP/KP, Jr. Matt Coral, Mlssl4lppl, ¢B, SOO 01 2 JUStin melds ¢B, ONO state, Jr. Khalil Herbert, Va Tech, PB, Sr. Kellen Mond, Texaszsg, ¢B, Sr. 0 1 1 Frs[place 3 (COMM, semnd 2 poNt, NW 1 point To view more Classified listings, visit: classifieds.usatoday.com NOTICES PUBLIC NOTICE 2021-2022 VEGETATION MANAGEMENT BID Oklahoma Electric Cooperative (OEC) b Norton, Oklahoma, is a distribution electric utiliTy, serving members ha central Oklahoma.OEC is seeking request for proposals (REPO from qualified Vegetation Management contractors for rightof-way (ROW) clearing. Vegetation Management contractor would be responsible for the clearing of ROW from electric distribution Imes well as help with storm restoration when needed for 2021-2022 REPS are due no later than 1 p.m. C.S T. Oct 21, 2020. Please contact Clifford Chastain, Manager of Vegetation at (405)227-6679 or cliffordc®okcoop.org for specific requirements and bid forms. All RFP submissions should be sent to Tracy Mowdy et moody[ Bokcoop.org. PBS: FRONTLINE The Choice 2020: Trump vs. Biden PUBLIC NOTICE To place your Public Notice in our Marketplace section, call: 1-800-397-0070 NOTICES PUBLIC NOTICE Notice to Bidders Region 14 ESC (the "Lead Age' On behalf of National Coo e ve PUrChasing Alliance (C A and public agendes In all ea, that eledtoaCCessthe Maderngree so,dting propoaala to enter into Master Agreements fords 1I3s20el sport Surfaces, Installation and sewed Materials • ASPMhan vmdu os and service, installation and ael.d • Athletic Court and Field Solutions.. Consulting and lAdvbary Services scat-20 ces 112.0 ympmeem"Servi e, Repairand Belabd Services •Eeyy Management Consultation and Bebtetl Services H2820 • Mangya ntmusramsandBel.dPreductsand • ce Equipment, smalkvares, Parts, Design and Belated Equipment cer service Rental and Leasing 112320 • He avy Equippnenst,DDiesel Truck, Bus Pads and Belaed Goods ervices 112 • Al,Duallty Equipment,Devbos and Belated Services • IntegmNd Parking Management System H32-20 • Landscaping, Installation, Services & Belated Protluds lY2]-20 • Municipal and Utinty Billing Servlces1124-20 • Regional Flooring & Outdoor Surfaces Solutions 1126-20 Se AyS I tio cts d SIce 11.20 Parking DisPsays lYl . • Software and SaaS =Rds ,GB9= Eqipece ESmenl, d, Amrlo Metering, Monitoring,.vices and Belated Services Based Meeting, Webinar, Conference, and Tradeshow Pa:gmms 42-20 . Wheless Solutions.. Due Thursday, November 19, 2020 at 2:00 pm CST Responses shall ed receved eledronicallyno Iate1alha the edbmatd deadlineboowommem. pedal a< pa.boniirehub.com. NCPATo requestaropyOf epedn,Catione, pleabe ViSit ADVERTISE HERE USA TODAY Marketplace NOTICES HAVE YOU BEEN CLASSIFIED AS A HIGH RISK DRIVER DUE TO DUI, DWI 0R TICKETS FOR AGGRESSIVE DRIVING? Serenity is here to help by making SR-22 insurance easy to get and affordable for everyone. 800-509-9315 THE CALL & QUOTE ARE FREE. CAREERS Rideshare Drivers Makel00% ofFare &Tip Delivery Drivers Make Top Dollar 1000's of drivers wanted countrywide! Deliverynow; ideshere later. Optional: income mum 24(7 Info at 818.791.0178 LLagp Looking to µ grow your business? ; We can help! Call: }' (800) 397-0070 I BUSINESS Are you getting hit with high interest rates because of a low credit sc ore? Improve it today! • FREE Consultation • FREE Credit Evaluation 800-852-4931 IMPROVE YOUR CREDIT SCORE I BUSINESS I ELIMINATE your overwhelming debt We can help if your total debt is $10,000 or more! G CREDIT CARD DEBT 2 MEDICAL DEBT 2 PERSONAL LOANS 800-825-1306 Avoid bankruptcy today and start over completely debt -free. THE CALL IS FREE. MARKETPLACE BOOKS PUBLICATIONS 'A Garden Obs Cultivating A Life 6y Mela ie Says, eaandaeaszzoppeese mff thgarde phorograped ,NG garden pM10 ogapM1T Available on Amazon ATTENTION If you've had Hernia Surgery and have experienced any COMPLICATIONS you maybe entitled to SIGNIFICANT CASH COMPENSATION. CALLTHE HERNIA MESH HELPLINE NOW AT 800-478-7176 TALCUM POWDER SETTLEMENT If you or a loved one has been diagnosed with ovarian cancer after using talcum based products you may be entitled to significant compensation 1. Call Us! 800-397-0070 800-208-3526 2C 1 TUESDAY, OCTOBER. 20, 2020 1 USA TODAY E3 SPORTS FOR THE RECORD All times ET MLB LEAGUE CHAMPIONSHIP American League Tampa Bays7'7114, Houston 3 iopLeaunun3 National League L.A. Dodgers 4, Attlanta 3 atlanta3 WORLD SERIES (Best-of-7; x-If necessary) L.A. Dodgers vs. Tampa Bay At Arlington, Texas (All Games on Fox) w (Glaanuw 5-1) vs LA Dodgers 8 npapey(Syslla2)vs LA Duay SOCCER M LS EASTERN CONFERENCE W Pts GE GA geo Miami CF WESTERN CONFE gegieltl Sporting KC FC Dallas San Jose ke ENCPts E GE Sunday's Games Columbus 3, New York City FC Orlando City1, New York, tie DC United 2, Cincinnati 1 Toronto FC I, Atlanta 0 Houston a Minnesota e Los Angeles FC 1, Por 204 Peal Salt take at Colorado, ppa Monday's Game Tuesday's GamPhiladelphia at New e Ian Wednesday's Game Thursday's Sporting Gamee°Inaan, ppa. English Premier League W GE Chelsea Man City Southampton Man United Fulham Sunday's Games VillaSheffield United 1, Fulham Le , Monday's Games West Brom 0, Burnley Frlday's Game lverhamptLeeds 0, on 1 Aston Villa vs Saturday's Games Fulham vs Crystal Palace, 9 a m NFL AMERICAN CONFERENCE East r Mani South North Msrorrgeh West PA 126 ITLI Ina Pal 1711, NATIONAL CONFERENCE East Southrasl1 oee ttoe 162 WestSeattle ITLI 1 o tee 1cc North eceerney 184 PA 11319 ODDS SPONSORED BY BETMGM.COM BETMGM For the latest lines, picks and expert analysis, go to sportsbookwire.com Visit BetMG M.com fora risk -free first bet up to $500. Use bonus code ROAR Pregameuom Lire NFL Thursday oN Underdog PHILADELPHIA 6TA 44 NY Gan, Favorite0UUnderdog CleVeland Bu«al aeaVIeBay NEW SNC D 4 2, 45/ San Fran CiSCO ty he 9, OFF DENVER Tamspa Bay P 66urgM1 TEN ESSE LA OUFGEP hckmnti lie 0Mornay Favorke LARAMS 7e 46 tiChiCago Odds are mmject tO change. does not offer Imes for New Jersey -based mllege evenStif,= audience ref reels to betting services. Newsrooms ore taldepeDdeDtof thErelanonshb and there N no Influence on news my rage. Dueling images: WNBA, soccer Scott Gleeson USA TODAY Seattle Storm guard Sue Bird said U.S. women's soccer players are better supported by fans because of their perception as "cute little white girls," in contrast to less popular WNBA players. "Even though we're female athletes playing at a high level, our worlds — the soccer world and the bas- ketball world are just totally different," Bird told CNN in an interview Sunday. "To be blunt it's the demo- graphic of who's playing. Women's soccer players gen- erally are cute little white girls while WNBA players, we're all shapes and sizes: a lot of Black, gay, tall wom- en. There's maybe an intimidation factor and people are quick to judge it and put it down." Bird, a 40-year-old veteran who won her fourth WNBA title this month with the Storm, has been dat- ing retired U.S. soccer star Megan Rapinoe since 2017. Bird spent a majority of her professional career keel- ing her sexual orientation private before publicly com- ing out in 2017. MARKETPLACE TODAY tiBird blamed a societal stereotype and noted the WNBA. "It's how society and howthe outside world is willing to accept the cute girl next door, but not willing to accept, or I embrace, or not judge these basketball Bird players who are tall, Black, gay," Bird said. "That is where the issue is. Where I feel like I've learned throughout that process is you have to be who you are. You have to be true to who you are and authentic." Rapinoe, a star of the 2019 World Cup team that generated mainstream national attention, shared sim- ilar views in a recent Players Tribune article, writing: "This country has a deep history of racism, and a deep history of homophobia. And if you look at the players in the `W' (WNBA) most of them are Black, and a lot of them are gay.... Where's that same energy for the best women's basketball players on the planet? Where's that energy for the women's sports that — instead of scanning cute and white and straight — scan tall and black and queer??" For advertising (Cron -coition _ 1800 3970070 YAM -russell) ohns Co m/usat NOTICES LEGAL NOTICE AT&T's rights to display the channels listed hile AT&T was the rights, these channels will continue to eep these channels be available AT&T available to U-verse subscribers If reasonable AT&T aI� y aeahanneno<atbbe reached with y g mtoahannelabetween95m, no 95&&. Previously noticed channels (Channel numbers listed below in parentheses): aaalta ors (873); Boomerang Pea), Boomerang en Espanol (8058); Cartoon Nelwook - west (326 ana 1326 in HD); Cartoon Network (say HD); CNN (Cable News Network) (m2 and 1m2 in HD); CNN en Espanol (9„0), CNN Headline News (29a and (taw o HD); CNN, «° a Naialr..nal) ( CTahong Tian (may Ebven Sgorts,snook (, Es ); Estrella (.24), Heroes &ins (137 and 1137 in HD), H,TN and11;MBco),TBS 0,,2)nd,n2 in6HD),TNT(Turerr NeworkIndia Telviso)-ws009 d11.in), NHK World TV HD 2HD),TNT&)u �H(sm);TeS- west on)ins 1. HD); truth -West 06s and 11. m HD); tru,(,64 and 1164 in HD); Turner Cassia Movies RCM) (790uand 1790 in HD); viva,) Plus (a59a1),,w'oadFlshingNetwork .0679) Local Channels: Atlanta area, WAIL(36and ,036inHD);wX,A(„and 10„inHD),Auguda-Akan HrD)H anoog1aa°a,WPC.(8a.1.8sHD mgoarea,WCIU(1Dandlo1010inHo)WESVLDd45anasoza'aa;N ` Hai; oos in (4.); wMEm H are, W.M (10 and w,0 in HD),`on Gorpusnton) area, MOM (3 and 1003 Carls,l area, (8 and 1.8 innHD), Dallas -Ft Worth area, I.PXSC area, WLTX ' and ' (29 and a. 10. in HD), WFAA(8.4 1 Wa In Ho); Ft Smith -Fayetteville -Springdale -Rogers area, KFSN (sand , W5 in Ho); Gra. Rapids -Kalamazoo -Battle Creek M(18 HD),G Mv(2a HD), Houston Om(„ area, gem (5s�,ea.�a(61 Greensboro -High Point -Winston m area, WEN,/ area, mH an HD), area, a. awn(so);WTHR08and1018I,Ho),Jaoksoaas,IwLOO(asaria;e atHD),Jacksonvivaareaa,KM(25ana10.inHD),INT,(12aa OM in 0P)).Paame area, Podia0o and.. o HD); wKNX pw and tom in HD); rrz 0_8 and,04s in HD); Lila Rock -Pine Bwtt area, Krav (nand ,inn in Hm); LosAngelas area, KAu (s4 and 1054 I, HD); .CA (6a and 8024 and 106a in HD); Louisville area, wHAS (11 and 1011 in HD); Memphis area, wATN (24 and loom) Ho); INLMT (amend mao HD); Mowaukee area, wBMECA(t9); war (sand ,m05 in Ho);,,, (nm and toIn HD); wvn and soot and 10, in HD); New Orleans area, W UPL (2 and 1002 in HD); W W L (a and Irma in HD); Es (9 and 1009 in HD); Oriandooattona Beach -Melbourne area, wamm (2z and Mal in HD); Panama City area, GX (28 and 10. in HD); Raleigh -Durham (Fayetteville) area, WPAL (s and 1005 in HD); wRAz (50 and 1050 in HD); Reno area, KTVN (2 MonoH>xSacramento-Stocktonsnmesto area, KXTV ,m,m andIn Hoy Eau Monarea, KENS(5 and 1.5 mH); San Diego area, In AH°y (aaww. kat. N HD), KFMBmu6and 1006I, HD);..LE, (a.and 8024a.10. in HD); South Bend -Elkhart area, warm (57 and ,� mwePaand 10.I,HD),WM.(6.a.10.inHD), sLouis area, Km, Ma a. mm Hm);f.oN(sand loos InHD),Toledo OL (11 and 1011 m HD); Tulsa area, KMVT (41 and 1041 in HD); wicursoutmison Plus area, KNCE 0o and ,m,m in HD); Wilmington area, w,LMLm(1m and 1010 in HD). Rightsset to expire on or aver December 2020 (Channel numbers fisted below in parentheses): 5StarMAX a1840 in HD); Aa(Asa IonMAX-west(eand mum)HD);Aaas Ionnt.(Am and lein HD); Bvu(sin and,s67 in Hat), one no nd (a,a4); Cinema. -west (ass and lass In HD); Cinema. (8. a. lawn HD); Cinemax Latino Nms and leas in HD); FM (5.), FM Hm (,5a°; fuse (,82 and „82In Hm); NareMAX-ices, (a. and 183s In HD); Mancha° (834 and 1884 in HD); MovIeMAX (842 and 1842 in HD); °terM X(a4 la. 13"IHm"HD) Post° TV (( m), 8°9.(as and mast m HD), SMILE P.a.-MN -Trinity Broadcasting Network (560 and 1560 ( °Telemshnmomimcana(a� The am rCh..( ThallerMA—Went�9and 1889in IHp;Tb Ax(8. HD),T Hm(1484y, Chee poa2). L« XV(25 HD); a(6a.1.6iNnHD) rmingham(nnistonandTuscaI )area,wwFgsandlom�°ookINVUMMad1023inHD),Charleston, ze °a and 8019); wk. (4a and 8.4), Chattanooga area, WDEF (12 and 1012 in HD), INDS, (24), El Paso (Las Cruces) area, °JC (32), Ft Smith -Fayetteville -Springdale -Rogers area, KHBS(40and 1� in HD), KHBSm2(30and 1030in HD); KHmG (29and 1m29in HD); G (. and 10.in HD), I(12and 1012inHD),Greenville-Spartanburg-Asheville-Anderson rf(4 ah nnHp; Ha Cm No an nHp; KUM((so an in HD), XE area, 9InH°),XH"Aapa...77IaHD),Haatonarea, ,VMCDi84i,Jacks� area, wAPT'esand 1016inHD),Kan l varea, KCwE (29 and ,m29 m HD); WVIBC (9 and 3.9In Hm); LosAngeles area, KILM (64), KVMm (a, and 1.1 In HD); Louisville area, WLKV (32and 1032in Hm);Madloon area,W°S ( a.1.7In HD);Mllwaukee areal 00b 1.6 (12 and 101a in HD); Monterey -Salinas area,KSBw (e and loos 00); oz pndtom aIn HD); New Orleans area, wmau (6 and m HD); Oklahoma City area, KOCO (s and 1005 in HD); Orlando -Daytona SH (Band 100a in HD); wKCF 08 and 1018 in HD); Saaamento-Ommonsnodesto area, KCRA N and loom) Hm); 'CA(' and area, sa LP(4sy;x,(Bs HD),XAS(as .19),W Beach -Ft Puree area, waBF [s and lou In HO; Wilmington area. Av(sand 1003 In HO,wwAw2Caand 1004 In HO; wwAws(�alm GOLF PGA Tour CJ Cup Sunday At Shadow Creek Golf Course, Las Vegas Purse: $9.75 million Yardage: 7,527; Par: 72 Final Round Individual Fm([5rtup in parentheses Jason rlSchauffene)(3E) E 053000 Hatton 5 Janes Tyros Ha (153 155s0oo t ucM1 Ca) �) Y5I000 ferm(eej E3 43 JuapunN )) lsu) RBZTso English p9, 5263250 Cameron Smith (TO) 5243,50 Matthew Fitzpatrick Viktor wal(se)5EI 5 Justin Tho`mas((seE 00320 NETWORK HEISMAN SURVEY Clemson's Trevor Lawrence continues to hold the lead in the weekly USA TODAY Network Heisman survey. He tossed five more TD passes last week as the Tigers routed Georgia Tech, though he did throw his first interception of the season. Alabama's Mac Jones was every bit as impressive in the win against Georgia. He moved a few points closer to Lawrence and added three first -place votes. Jones' first pass was picked off, but he bounced back to add four TDs. Player, school, position, year on, PB, Jr. Alabama, PB, Jr. ZCh Wnlmn, BYU, flat Jr. Kyle Trask, Florida, PB, Sr. a)ee HarriS, Alabama, RB, Sr. DeVOnta smith, Alabama, WR,Sr. Jaylen Waddle, Alabama, WH/KR, Jr. Shane BueChele, SMU, flat Srdraos Etienne, CleMSOn, RB, Sr dusto nelds, On, ohlo State, Jr. Khalil Herbert va TeCh, RB, Sr. Kyle PItG, Florida, TE, Jr. Mr, place3poln6, semnd 2 points, frond 1point 2nd 3M Corrections & Clarifications The football team that Danny Gonzales coaches was incorrect in a feature in the Oct. 14 edition on Latinos in college and high schools. He coaches at New Mex- ico. USA TODAY is committed to accuracy To reach us at a, time, call 800-872-7073 or email accuracy@usatoday com Please indicate whether you're responding to content online or in newspaper To view more Classified listings, visit: classifieds.usatoday.com PUBLIC NOTICE Notice to Bidders Region 14 ESC (the'Lead Agency) on behalf of National Cooper., Purchasing Alliance (NGPH and public agencies a=thabesth�eleatoaNcnetg eta erFreemen sting proposalsto enter into Master ggreemenisfortis • laI sport surfaces, Installation and Related Materials • Asphalt Products and Services, Installation and Related Materials 1124-20 • Athletic Court and Fieid Solutions 1131-20 • AudioNisual Products and Services... • and Elevator IT MIting and Amu,Amu,Services .1. 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MARKETPLACE TALCUM POWDER SETTLEMENT Tyou or a loved one has been diagnosed with ovarian cancer after using talwmbased products you maybe entitled to significant compensation 800-208-3526 NCPA SOLICITATIONS -o- C✓- - - 0 - aP City of Miami, Florida EXHIBIT E COMPANY RESOLUTION WHEREAS, Berry, Dunn, McNeil & Parker, LLC ("Company") desires to enter into an agreement Company's Legal Name with the City of Miami substantially in the form of the agreement to which this Resolution is attached (the "Agreement"); and WHEREAS, the Board of Directors or Managing Members as applicable ("Governing Body") at a duly held meeting has considered the matter in accordance with the company's by-laws; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY that the Company intends to enter into the Agreement with the City of Miami and be bound by its terms and the Kevin Price ("Authorized Person") as Principal of the Name of Authorized Person Title of Authorized Person Company is hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other documents and perform any acts in connection therewith as may be required to accomplish its purpose. BY IN WITNESS WHEREOF, this / day of May Day iii47///2 Witness Signatur Therretr. tfeth4mp Witness Name 21 Month 20 25 Year Chairperson of Governing Body or Authorized Officer Affix Corporate Seal if applicable City of Miami, Florida EXHIBIT F ANTI -HUMAN TRAFFICKING AFFIDAVIT City of Miami ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024), attached and incorporated herein as Exhibit Affidavit-1. 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti - Human Trafficking Affidavit. Nongovernmental Entity: Berry, Dunn, McNeil & Parker. LLC Name: Kevin Price Officer Title: Principal Signature of Officer: Office Address: 2211 Congress Street Portland, ME 04102 Email Address: kprice@berrydunn.com FEIN No. 0/1 - 0/5 /2 /3 /2 /8 /2 STATE OF MAINE COUNTY OF CUMERLAND Main Phone Number: 207-541-2379 The foregoing instrument was sworn to and subscribed before me by means of 2 physical presence or O online notarization, this 2 qAday of May, 2025 by Kevin Price , as the authorized officer or representative for the nongovernmental entity.. He/she is personally known to me or has produced as identification. (NOTARY PUBLIC SEAL) My Commission Expires: 2 r) 2_ J 2 Z. Signature of Person Ta _Theresa Seeks (Printed, Typed, or Stamped Name of Notary Public) THERESA H SEEKAMP Notary Public -Maine My Commission Expires February 12, 2026 City of Miami EXHIBIT AFFIDAVIT-1 SECTION 787.06, FLORIDA STATUTES (2024) City of Miami Select Year: 2024 v Go The 2024 Florida Statutes Title Chapter 787 View Entire XLVI KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED Chapter CRIMES OFFENSES 787.06 Human trafficking.— (1)(a) The Legislature finds that human trafficking is a form of modern-day slavery. Victims of human trafficking are young children, teenagers, and adults. Thousands of victims are trafficked annually across international borders worldwide. Many of these victims are trafficked into this state. Victims of human trafficking also include citizens of the United States and those persons trafficked domestically within the borders of the United States. The Legislature finds that victims of human trafficking are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. (b) The Legislature finds that while many victims of human trafficking are forced to work in prostitution or the sexual entertainment industry, trafficking also occurs in forms of labor exploitation, such as domestic servitude, restaurant work, janitorial work, sweatshop factory work, and migrant agricultural work. (c) The Legislature finds that traffickers use various techniques to instill fear in victims and to keep them enslaved. Some traffickers keep their victims under lock and key. However, the most frequently used practices are less obvious techniques that include isolating victims from the public and family members; confiscating passports, visas, or other identification documents; using or threatening to use violence toward victims or their families; telling victims that they will be imprisoned or deported for immigration violations if they contact authorities; and controlling the victims' funds by holding the money ostensibly for safekeeping. (d) It is the intent of the Legislature that the perpetrators of human trafficking be penalized for their illegal conduct and that the victims of trafficking be protected and assisted by this state and its agencies. In furtherance of this policy, it is the intent of the Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies prepare and implement training programs in order that judges, attorneys, law enforcement personnel, investigators, and others are able to identify traffickers and victims of human trafficking and direct victims to appropriate agencies for assistance. It is the intent of the Legislature that the Department of Children and Families and other state agencies cooperate with other state and federal agencies to ensure that victims of human trafficking can access social services and benefits to alleviate their plight. (2) As used in this section, the term: (a) "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. [-CrcM§ mA controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for the purpose of exploitation of that person. (b) "Commercial sexual activity" means any violation of chapter 796 or an attempt to commit any such offense, and includes sexually explicit performances and the production of pornography. (c) "Financial harm" includes extortionate extension of credit, loan sharking as defined in s. 687.071, or employment contracts that violate the statute of frauds as provided in s. 725.01. (d) "Human trafficking" means transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, purchasing, patronizing, procuring, or obtaining another person for the purpose of exploitation of that person. (e) "Labor" means work of economic or financial value. (f) "Maintain" means, in relation to labor or services, to secure or make possible continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type service. (g) "Obtain" means, in relation to labor, commercial sexual activity, or services, to receive, take possession of, or take custody of another person or secure performance thereof. (h) "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. (i) "Sexually explicit performance" means an act or show, whether public or private, that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the sexual desires or appeal to the prurient interest. (j) "Unauthorized alien" means an alien who is not authorized under federal law to be employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be interpreted consistently with that section and any applicable federal rules or regulations. (k) "Venture" means any group of two or more individuals associated in fact, whether or not a legal entity. (3) Any person who knowingly, or in reckless disregard of the facts, engages in human trafficking, or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking: (a)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Using coercion for commercial sexual activity of an adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. For labor or services of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Using coercion for commercial sexual activity of an adult who is an unauthorized alien commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (e)1. For labor or services who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. Using coercion for labor or services who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (f)1. For commercial sexual activity who does so by the transfer or transport of any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age from outside this state to within this state commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 2. OW roes cion for commercial sexual activity who does so by the transfer or transport of an adult from outside this state to within this state commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (g) For commercial sexual activity in which any child younger than 18 years of age or an adult believed by the person to be a child younger than 18 years of age, or in which any person who is mentally defective or mentally incapacitated as those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084. For each instance of human trafficking of any individual under this subsection, a separate crime is committed and a separate punishment is authorized. (4)(a) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will be subject to human trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) Any person who, for the purpose of committing or facilitating an offense under this section, permanently brands, or directs to be branded, a victim of an offense under this section commits a second degree felony, punishable as provided in s. 775.082, s. 775,083, or s. 775.084. For purposes of this subsection, the term "permanently branded" means a mark on the individual's body that, if it can be removed or repaired at all, can only be removed or repaired by surgical means, laser treatment, or other medical procedure. (5) The Criminal Justice Standards and Training Commission shall establish standards for basic and advanced training programs for law enforcement officers in the subjects of investigating and preventing human trafficking crimes. Every basic skills course required for law enforcement officers to obtain initial certification must include training on human trafficking crime prevention and investigation. (6) Each state attorney shall develop standards of instruction for prosecutors to receive training on the investigation and prosecution of human trafficking crimes and shall provide for periodic and timely instruction. (7) Any real property or personal property that was used, attempted to be used, or intended to be used in violation of this section may be seized and shall be forfeited as provided by the Florida Contraband Forfeiture Act. After satisfying any liens on the property, the remaining proceeds from the sale of any property seized under this section and owned by a defendant convicted of a violation of this section must first be allocated to pay any order of restitution of a human trafficking victim in the criminal case for which the owner was convicted. If there are multiple human trafficking victims in the criminal case, the remaining proceeds must be allocated equally among the victims to pay restitution. If the proceeds are sufficient to pay any such order of restitution, any remaining proceeds must be disbursed as required by s. 932.7055(5)-(9). (8) The degree of an offense shall be reclassified as follows if a person causes great bodily harm, permanent disability, or permanent disfigurement to another person during the commission of an offense under this section: (a) A felony of the second degree shall be reclassified as a felony of the first degree. (b) A felony of the first degree shall be reclassified as a life felony. (9) In a prosecution under this section, the defendant's ignorance of the victim's age, the victim's misrepresentation of his or her age, or the defendant's bona fide belief of the victim's age cannot be raised as a defense. (10)(a) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity, which is held by an agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to such confidential and exempt information held by an agency before, on, or after the effective date of the exemption. (b) Information about the location of a residential facility offering services for adult victims of human trafficking involving commercial sexual activity may be provided to an agency, as defined in s. 119.011, as necessary to maintain health and safety standards and to address emergency situations in the residential facility. (c) The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution provided in this subsection do not apply to facilities licensed by the Agency for Health Care Administration. (11) c'kvicrlmT)s lack of chastity or the willingness or consent of a victim is not a defense to prosecution under this section if the victim was under 18 years of age at the time of the offense. (12) The Legislature encourages each state attorney to adopt a pro -prosecution policy for human trafficking offenses, as provided in this section. After consulting the victim, or making a good faith attempt to consult the victim, the state attorney shall determine the filing, nonfiling, or diversion of criminal charges even in circumstances when there is no cooperation from a victim or over the objection of the victim, if necessary. (13) When a contract is executed, renewed, or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services as defined in this section. For purposes of this subsection, the term "governmental entity" has the same meaning as in s. 287.138(1). History.—s. 2, ch. 2004-391; s. 1, ch. 2006-168; s. 5, ch. 2012-97; s. 300, ch. 2014-19; s. 7, ch. 2014-160; s. 96, ch. 2015-2; s. 2, ch. 2015-147; s. 3, ch. 2016-24; s. 25, ch. 2016-105; s. 4, ch. 2016-199; s. 2, ch. 2020-49; s. 2, ch. 2021-189; s. 3, ch. 2023-86; s. 7, ch. 2024- 184. Copyright © 1995-2024 The Florida Legislature • Privacy Statement • Contact Us DIVISION OF CORPORATIONS rut uffiriaft Surre of Fiurilat w b3ite Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company BERRY, DUNN, MCNEIL & PARKER LLC Filing Information Document Number M03000002254 FEI/EIN Number 01-0523282 Date Filed 07/10/2003 State ME Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 03/06/2025 Event Effective Date NONE Principal Address 2211 CONGRESS STREET PORTLAND, ME 04102 Changed: 03/06/2025 Mailing Address 2211 CONGRESS STREET PORTLAND, ME 04102 Changed: 03/06/2025 Registered Agent Name & Address UNIVERSAL REGISTERED AGENTS, INC. 1317 CALIFORNIA STREET TALLAHASSEE, FL 32304 Name Changed: 03/06/2025 Address Changed: 03/06/2025 Authorized Person(a) Detail Name & Address Title Manager LEADBETTER, CHARLES K, III 2211 CONGRESS STREET PORTLAND, ME 04102 Title Manager MICHAUD, C.P.A., TAMMY P 2211 CONGRESS STREET PORTLAND, ME 04102 Title Manager Parker, C.P.A., Kathy 2211 CONGRESS STREET PORTLAND, ME 04102 Title Manager Belliveau, C.P.A., Sarah 2211 CONGRESS STREET PORTLAND, ME 04102 Title Manager Webber, Seth E. 2211 CONGRESS STREET PORTLAND, ME 04102 Annual Reports Report Year Filed Date 2023 04/27/2023 2024 02/22/2024 2025 01/13/2025 Document Images 03/06/2025 -- CORLCRACHG 01/13/2025 --ANNUAL REPORT 02/22/2024 --ANNUAL REPORT 04/27/2023 --ANNUAL REPORT 04/24/2022 --ANNUAL REPORT 04/18/2021 --ANNUAL REPORT 01/31/2020 --ANNUAL REPORT 01/30/2019 --ANNUAL REPORT 01/02/2018 --ANNUAL REPORT 04/25/2017 --ANNUAL REPORT 04/15/2016 --ANNUAL REPORT 04/17/2015 --ANNUAL REPORT 04/18/2014 --ANNUAL REPORT 03/26/2013 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format 04/16/2012 --ANNUAL REPORT 03/11/2011 --ANNUAL REPORT 04/27/2010 --ANNUAL REPORT 04/28/2009 --ANNUAL REPORT 01 /11 /2008 --ANNUAL REPORT 01/25/2007 --ANNUAL REPORT 01/23/2006 --ANNUAL REPORT 07/05/2005 -- REINSTATEMENT 07/10/2003 -- Foreign Limited View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Justin Griffin Contact Person Sr. Procurement Contracting Officer Title 5/30/2025 Date: Procurement Requesting Client (305) 416-1949 Telephone Legal Service Requested: Matter 24-3071: PSA Berry, Dunn, McNeil & Parker, LLC d/b/a/ BerryDunn for Business and IT Consulting and Advisory Services. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 Olivera, Rosemary From: Gandarilla, Aimee Sent: Friday, June 13, 2025 1:56 PM To: Hannon, Todd Cc: Olivera, Rosemary; Brown, Sadie; Roberts, Frankeetha; Fossler, Thomas Subject: Executed PSA Berry Dunn (matter 24-3071) Attachments: PSA Berry Dunn (matter 24-3071).pdf Good afternoon Todd, Please find attached the fully executed copy of an agreement from DocuSign that will be considered an original agreement for your records. Frankeetha: Please close Matter 24-3071. Thank you, Aimee canclaniltai Procurement Assistant City of Miami Procurement Department 444 SW 2nd Avenue, 6thfloor, Miami, FL 33130 P (305) 416-1906 F (305) 400-5073 E agandarilla@miami.gov "Serving, Enhancing, and Transforming our Community" i