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HomeMy WebLinkAboutPROFESSIONAL AUDITING SERVICES 15-12-01 Final City of Sunny Isles Beach |Request for Proposal No. 15-12-01 1 Request for Proposal Services PROFESSIONAL AUDITING SERVICES Request for Proposal No. 15-12-01 Publish Date: Proposer Due and Opening Date: 12/1/2015 12/30/2015 at 2:30 PM Pre-Proposal Conference: Where to Deliver Proposal Non-Mandatory 12/10/2015 at 11:00 AM All Questions Due: 12/18/2015 by 5:00 PM Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City of Sunny Isles Beach |Request for Proposal No. 15-12-01 2 TABLE OF CONTENTS Table of Contents Page 2 Legal Advertisement/Notice to Proposer Page 3 Instructions to Proposer / General Terms Section 1 Page 4 Special Terms & Conditions Section 2 Page 9 Scope of Work / Technical Specifications Section 3 Page 12 Evaluation Process Section 4 Page 26 Proposal Submittal Form Section 5 Page 28 Affidavits Non-Collusive Affidavit Page 1 of 7 Public Entity Crimes Page 2 of 7 Equal Opportunity / Affirmative Action Statement Page 4 of 7 Conflict of Interest Statement Page 5 of 7 Dispute Disclosure Form Page 6 of 7 Anti-Kickback Affidavit Page 7 of 7 Attachments City of Sunny Isles Beach |Request for Proposal No. 15-12-01 3 LEGAL ADVERTISEMENT NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. PROFESSIONAL AUDITING SERVICES Request for Proposal No. 15-12-01 The Specifications for this Request for Proposal are available from DemandStar by calling (800) 711-1712 or by accessing their website at www.demandstar.com. The Specifications may also be examined at the City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the Proposal Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Proposal response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five day s prior to the submittal date to all vendors who are listed on the official list. The City may not accept incomplete proposals. Proposals shall be on a lump sum basis; segregated Proposals will not be accepted. Sealed Proposals will be received by the City Clerk no later than 2:30 PM on Wednesday, December 30th 2015 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Proposals received after this time will not be considered. The City is under no obligation to return Proposals. Timely submitted Proposals will be opened publicly and read aloud at this time. The envelope containing the sealed Proposal must be clearly marked: “IMPORTANT, PROPOSAL ENCLOSED” PROFESSIONAL AUDITING SERVICES Request for Proposal No. 15-12-01 OPENING DATE AND TIME: 2:30 PM on Wednesday, December 30th 2015 A NON-MANDATORY Pre-Bid Conference for all potential Bidders is set for Non-Mandatory 12/10/2015 at 11:00 AM in the First Floor Conference Room at the City of Sunny Isles Beach Government Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. The Owner reserves the right to reject any or all proposals, with or without cause, to waive technical errors and informalities, and to accept the proposal, which best serves the interest of, and represents the best value to, the Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding Request for Proposal No. 15-12-01 shall be directed in writing to Jane A. Hines, CMC, City Clerk, NO LATER THEN DECEMBER 18TH 2015 BY 5:00 PM Questions may be submitted via email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. All Questions will be answered in the form of Addendum that will be released a few days after the question due date listed above. Jane Hines, MMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach |Request for Proposal No. 15-12-01 4 SECTION 1 INSTRUCTIONS TO PROPOSER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL PROPOSALS COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/QUESTIONS: Any questions concerning the proposal Specifications or any required need for clarification must be made to Jane A. Hines, CMC, City Clerk via email to: JHines@sibfl.net or via facsimile (305) 792- 1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders’ list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Proposers from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLDER’S LIST: As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each Request for Proposal, Request for Proposal, and request for qualifications. The information is available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703. 1.3 ADDENDA TO SPECIFICATIONS: If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered proposers (those who have been registered as receiving a Bid package) receive the documents. It is the responsibility of the vendor prior to the submission of any Bid to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid Response Sheet. 1.4 SPECIAL ACCOMMODATIONS: Any person requiring a special accommodation at a Pre-Bid Conference or Bid/RFP/RFQ opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 1.5 PUBLIC ENTITY CRIMES STATEMENT: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, sub- Contractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for category two for a period of 36 months from the date of being placed on the convicted vendor list”. 1.6 PROPOSAL DEADLINE: Proposals must be submitted no later than the time and date shown within this document. 1.7 SEALED PROPOSALS: The entire Bid Response Package shall be placed in an opaque envelope (with all items listed on the Bid checklist form and all other items required within this Request for Proposal must be executed) and submitted in a sealed envelope. 1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION: All Proposals shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by the proposers prior to the opening must be initialed and dated by the proposers. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF BIDS: Proposers may withdraw Bids only by written request and shall forward the withdrawal request via “Certified U.S. Mail – Return Receipt Requested” prior to the Bid opening time. Negligence on the part of the Proposers in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.10 BID OPENING: Bids will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the proposers to insure that the Bid reaches the Office of the City Clerk on or before the closing hour and date stated on the Request for Proposal. After the Bid opening, the contents of the Bid Form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Bids that are received after the Bid opening time will not be considered and will not be returned. 1.11 EVALUATION OF BIDS: The City, at its sole discretion, reserves the right to inspect any/all Proposers facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Proposers, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Proposer’s shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a Bid, as applicable. 1.11.2 Cancellation: Failure on the part of the Proposers to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 1.11.3 Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, the Contractor and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a City of Sunny Isles Beach |Request for Proposal No. 15-12-01 5 written copy of its decision to the Contractor, which shall be binding on both parties. 1.12 AGREEMENT: After the Bid award, the City will, at its option, prepare an Agreement specifying the terms and conditions resulting from the award of this Bid. The vendor will have ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required Performance Bond. The Proposer who has the Contract awarded to it and who fails to execute the Agreement and furnish the Performance Bond and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Proposer fails to enter into the Contract and furnish the Bonds as herein before provided. Bid Security deposited in the form of a cashier’s check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for the current and any future periods provided for within the Bid specifications. 1.13 PAYMENTS: Payment will be made after commodities/services have been received, accepted, and properly invoiced as indicated in the contract and/or purchase order. Invoices must bear the purchase order number. 1.14 BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples, and/or specifications on such item(s). The City shall be the sole judge concerning the merits of items Bid as equals. 1.15 MATERIAL: Material(s) delivered to the City under this Bid shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to City are found to be defective or do not conform to specifications, the City reserves the right to return the product(s) to the seller at the seller’s expense. 1.16 SAMPLES: Samples of items, when required, must be furnished by the Proposers free of charge to the City. Each individual sample must be labeled with the Proposers name and manufacturer's brand name and delivered by them within ten (10) calendar days of Proposers receipt of the “Notice to Proceed”, unless schedule indicates a different time. If samples are requested subsequent to the Bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible for returning samples. 1.17 QUANTITY GUARANTY: No guaranty or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting Contract or Award. These quantities are for Bid purposes only and will be used for tabulation and presentation of the Bid. The City reserves the right to increase or decrease quantities as required, even significantly. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this Bid. 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful Proposers to notify the City at once, indicating in their letter the specific regulation which required an alteration. The City of Sunny Isles Beach reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. 1.19 SAFETY STANDARDS: The Proposer warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act (OSHA) and its amendments. Bids must be accompanied by a materials data safety sheet (MSDS) when applicable. 1.20 WARRANTIES: Successful Proposers shall act as agent for the City in the follow-up and compliance of all items under Warranty/Guaranty and complete all forms for Warranty/Guarantee coverage under this Contract. 1.21 COPYRIGHTS/PATENT RIGHTS: Proposer warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this Bid. The Proposer agrees to indemnify City from any and all liability, loss, or expense occasioned by any such violation. 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): The Proposer shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each Proposer submitting a Bid on this Request for Proposal shall include a copy of the company’s local business tax/occupational license(s) with the Bid response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing at (305) 792-1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: Proposers shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Proposers shall be liable for any damages or loss to the City occasioned by negligence of the Proposers (or their agent) or any person the Proposers has designated in the completion of their contract as a result of the Bid. Contractor shall be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, Miami-Dade County, and City of Sunny Isles Beach Code. Contractors shall include current Miami- Dade County Certificates of Competency. These documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to have required licensor will be grounds for rejecting the Bid. 1.24 CERTIFICATE(S) OF INSURANCE: Proposers shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this Bid and section. At the time of Bid submission the Proposers must submit certificates of insurance as outlined in the General Conditions City of Sunny Isles Beach |Request for Proposal No. 15-12-01 6 section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Proposers and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Proposers, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. The Proposers hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 1.25 ASSIGNMENT: The Contractor shall not transfer or assign the performance required by this Bid without prior written consent of the City Manager. Any award issued pursuant to the Request for Proposal and monies which may be due hereunder are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Contractor changes hands subsequent to the award of this contract, Contractor shall promptly notify City in writing (via United States Postal Service – Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty (60) days written notice, at City’s sole discretion. 1.26 HOLD HARMLESS/INDEMNIFICATION: The Contractor shall indemnify, hold harml ess, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, their agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and / or from any procurement decision of the City including without limitation, awarding the Contract to the Contractor. 1.27 NON-CONFORMANCE TO CONTRACT: The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within (5) calendar days by the vendor at their own expense and redelivered at their expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Contractor being found in default. 1.28 DEFAULT PROVISION: In case of default by the Proposers, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Proposers responsible for any excess costs occasioned or incurred thereby. 1.29 SECONDARY/OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 1.30 DEFINITIONS: Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the City and the Contractor covering the Work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Approved: Means approved by the City. Bid: The offer of the Proposers submitted on the prescribed form setting forth the prices for the Work to be performed. Proposers: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Contractor and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Contract Documents: Contract Documents shall include, Instructions to Proposers, Contractor's Bid, the Bonds, the Notice of Award, the Agreement between the City and Contractor as well as any addenda thereto, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Request for Proposal, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. Contract Price: The total monies payable to the Contractor under the Contract Documents. Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the City’s governing body. Contractor: The person, firm or corporation with whom the City has executed this Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Field Order: A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. Modification: Modification means any one of the following: (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written City of Sunny Isles Beach |Request for Proposal No. 15-12-01 7 clarification or interpretation if issued by the City, or (d) a written order for minor change or alteration in the Work issued by the City. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by City to the apparent successful Proposers stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Statement of Services: The form furnished by the City which is to be used by the Contractor in requesting progress payments. Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by Contractor under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term “Notice” as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval’s required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.31 BID AWARD: The City reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the Bids. The Bid shall be awarded to the lowest responsible and responsive proposer whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Proposer’s capability to perform the Services as described in this RFP, ITB, RFQ or ITQ, as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City’s established standards, as well as the financial capability of the Proposer to perform the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the Bid of any Proposers on the basis of these queries and investigations and who does not meet the City’s satisfaction, even though the firm may be the lowest dollars and cents Bid. In analyzing Bids, the City will also take into consideration client references, past work experience and work product, proven ability to satisfactorily perform.If the Contract is awarded, the City will issue the Notice of Award and give the successful Proposers a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a proposer who is not necessarily the lowest dollars and cents proposers on the basis of the results of these queries and investigation(s). 1.32 EXECUTION OF AGREEMENT: At least four counterparts of the Agreement, the Performance Bond, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by Contractor to the City within ten (10) calendar days of receipt of the Notice of Award. 1.33 LAWS AND REGULATIONS: The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications are at variance therewith, they will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.34 TAXES: The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption No. 23-00-477131-54C appears on each purchase order. Exemption certificates are available upon request. 1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall defend, indemnify and hold harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or his Sub- Contractor, agents, servants or employees. The Contractor will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, Sub-Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor shall indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at City’s option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Contractor, its Sub-Contractors, or by anyone directly or indirectly employed by either. 1.36 DECISIONS ON DISAGREEMENTS: City of Sunny Isles Beach |Request for Proposal No. 15-12-01 8 The City will be the initial interpreter of the Technical Specifications. 1.37 CITY MAY TERMINATE: If the Contractor is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Contractor or for any of their property, or if they file a petition to take advantage of any debtor’s act, or to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to Sub-Contractors or for labor, materials or equipment or they disregard laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract Documents, then the City may, without prejudice to any other right or remedy and after giving the Contractor and the surety ten (10) days written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method they may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the City. Such costs incurred by the City will be determined by the City and incorporated in a Change Order. If after termination of the Contractor under this Section, it is determined by a court of competent jurisdiction for any reason that the Contractor was not in default, the rights and obligations of the City and the Contractor shall be the same as if the termination had been issued pursuant to this document. 1.37.1 Where the Contractor’s services have been so terminated by the City said termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Contractor will not release the Contractor from liability. 1.37.2 Upon ten (10) days written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the Contractor shall be paid for all Work executed and accepted by the City as of the date of the termination. No payment shall be made for profit for Work which has not been performed. 1.38 MISCELLANEOUS: Proposers acknowledge the following miscellaneous conditions: 1.38.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to them who gives the notice. 1.38.2 The Contract Documents shall remain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project. 1.38.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor and those in the Special Conditions and the rights and remedies available to the City, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 1.38.4 Should the City or the Contractor suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. 1.39 WAIVER OF JURY TRIAL: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. 1.40 GOVERNING LAW: The Contract shall be construed in accordance with and governed by the law of the State of Florida. 1.41 VENUE: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida. 1.42 ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys’ fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys’ fees as may be determined by the court on confirmation. 1.43 PROJECT RECORDS: City shall have right to inspect and copy during regular business hours at City’s expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project. Contractor shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three years following final completion of the Project. During the Project and the three year period following final completion of the Project, Contractor shall provide City access to its books and records upon five days written notice. 1.44 SEVERABILITY: If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.45 INDEPENDENT CONTRACTOR: The Contractor is an independent Contractor under the Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 9 Section 2 Special Terms and Conditions 2.1 PURPOSE OF PROPOSAL: The City of Sunny Isles Beach, Florida, (the "City") a municipality located in Miami -Dade County, Florida, requests qualified Proposers ("Proposers") to submit proposals for Professional Auditing Services ("Services"). The contract will be awarded by the City to the Proposer whose proposal best serves the interests of, and represents the best value to, the City in accordance with the criteria set forth in Section 62-8 of the City Code. 2.2 PRE-PROPOSAL CONFERENCE Non-Mandatory 12/09/2015 at 11:00 AM 2.3 TERM Three (3) years, with the initial fiscal year ending September 30, 2016. We will also consider an option of two (2) one (1) year renewals for a total of a five (5) year term. 2.4 OPTIONS TO RENEW An option of two (2) one (1) year renewals totaling five (5) years 2.5 METHOD OF AWARD Contract shall be awarded to the most responsible and responsive proposer whose proposal best serves the interest of and represents the best value to the City in conformity with the criteria set forth in Florida Statute 218.391 and in accordance with Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. Selection shall be by the Audit Committee selected by the City of Sunny Isles Beach. 2.6 PRICE Hourly rates shall remain fixed and firm through the term of the contract. 2.7 PERFORMANCE BOND Intentionally Omitted 2.8 BID BOND Intentionally Omitted 2.9 DELIVERY Definite Delivery City of Sunny Isles Beach |Request for Proposal No. 15-12-01 10 2.10 INSURANCE 2.10.1 Comprehensive General Liability Insurance Contractor shall be required to purchase, maintain, and keep in full force, effect, and good standing, Comprehensive General Liability with primary limits of Five Hundred Thousand Dollars ($500,000.00) during the initial and any renewal term of this Agreement. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include:  Premises and Ongoing Completed Operations – on a primary and non-contributory basis including waiver of subrogation on behalf of the City of Sunny Isles Beach.  Independent Contractors  Broad Form Property Damage  Broad Form Contractual Coverage applicable to this specific Contract, including any hold  Harmless and/or indemnification agreement.  Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 2.10.2 Errors and Omissions Insurance Professional Liability ("Errors and Omissions") insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence. 2.10.3 Worker’s Compensation Insurance Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of Five Hundred Thousand Dollars ($500,000.00) per accident. Contractor agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 2.10.4 Cancellation and Re-Insurance If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be resp onsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Contractor and must be approved by the City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering the same. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 11 2.11 FEDERAL AND STATE REGULATIONS The successful Proposer shall comply with all federal, state and local rules and regulations, and any other laws that would apply to operating a similar type of business. 2.12 BACKGROUND CHECKS The successful proposer and all personnel employed by them shall be required, at their sole source cost and expense, to pass a criminal background check prior to award of the contract, and every renewal term. The Criminal background check shall consist of a Florida Department of law Enforcement ("FDLE") Florida Crime Information Center National Crime Information Center ("FCIC/NCIC") criminal records check. Any employee not meeting this requirement will not be permitted to work at The City of Sunny Isles Beach. The successful Proposer shall be required to co-ordinate the criminal background checks by contacting Human Resources at 305-792-1708 NOTE the vendors employees shall not be cleared to work on city property until they have passed all background tests. No personnel from proposer performing services under this agreement shall be allowed on City property unti l the entire background check and finger print scanning is complete, and proof of such background check/fingerprint scanning is provided to the City. END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 15-12-01 12 Section 3 Scope of Services / Technical Specifications 3.1 SCOPE OF SERVICES The City of Sunny Isles Beach is requesting proposals from qualified firms of certified public accountants to audit its financial statements for three years, with the initial fiscal year ending September 30, 2016. We will also consider an option of two one year renewals for a total of a five year term. 3.2 INTENT The City of Sunny Isles Beach is requesting proposals from qualified independent Certified Public Accountants and/or firms licensed to practice in the State of Florida for the purpose of providing an annual examination of the financial statements and records of the City of Sunny Isles Beach. The audit shall be conducted for the purpose of forming an opinion of the general-purpose financial statements taken as a whole and to determine whether operations were conducted in accordance with legal and regulatory requirements. 3.3 SCOPE OF WORK The City prepares a Comprehensive Annual Financial Report and intends for the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with generally accepted accounting principles. The auditor is not required to audit the combining and individual fund financ ial statements and supporting schedules. However, the auditor is to provide an "in-relation-to" report on the combining and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the basic financial statements and the resulting opinion thereon. The auditor is not required to audit the introductory section of the report or the statistical section of the report. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards. The auditor will be required to review the Annual Financial Report (AFR) to the Department of Financial Services, in accordance with §218.32, Florida Statutes. 3.4 AUDITING STANDARDS To meet the requirements of this Request for Proposals, the audit shall be performed in accordance with:  Generally accepted auditing standards and Audits of State and Local Governmental Units as issued by the American Institute of Certified Public Accountants (AICPA).  Government Auditing Standards, as issued by the Comptroller General of the United States. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 13  Circular No. A-133, Audits of State and Local Governments, Office of Management and Budget.  The provisions of the Federal Single Audit Act (as amended)  The provisions of the Florida Single Audit Act (as amended).  Rules and State of Florida Department of Banking and Finance Regulations.  Statements on Auditing Standards (SAS)  Rules of the Auditor General, State of Florida relating to Chapter 10.550.  Section 218.39, Florida Statutes, and any other applicable Florida Statutes.  Other applicable federal, state and local laws or regulations or professional guidance not specifically listed above as well as any additional requirements, which may be adopted by these organizations in the future. 3.5 ISSUED REPORTS Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue: 3.5.1) A report on the fair presentation of the basic financial statements as a whole, in conformity with generally accepted accounting principles. 3.5.2) An "in relation to" report on the combining and individual fund financial statements and supporting schedules. 3.5.3) A report on internal control structure based on the auditor's understanding of the control structure and assessment of control risk. 3.5.4) A report on compliance with laws and regulations. 3.5.5) A "management letter" required by Section 10.554(g) of the rules of the Auditor General of the State of Florida. 3.5.6) Reports required by the Single Audit Act of 1996 and OMB Circular A-133 to include: i An "in relation to" report on the schedules of federal and state financial assistance. ii A report on compliance and on internal control over financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards. iii A report on compliance with requirements applicable to each major program and on internal control over compliance in accordance with Circular A-l33. iv A schedule of findings and questioned costs. v Non-reportable conditions discovered by the auditors shall be reported in the management letter required by Florida Statutes 11.45(3) (a) (4), which shall be referred to the report on internal control structure and compliance. vi A report on compliance with requirements applicable to State Financial Assistance. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 14 vii Irregularities and Illegal Acts. Auditors shall be required to make an immediate written report of all irregularities and illegal acts of which they become aware of to the Director of Finance, City Manager, and City Commission as appropriate. 3.6 SPECIAL CONSIDERATIONS AND SERVICES 3.6.1) The City of Sunny Isles Beach will send the comprehensive annual financial report to the Government Finance Officers Association of the United States and Canada for review in the Certificate of Achievement for Excellence in Financial Reporting Program. The auditor will be required to provide special assistance to the City of Sunny Isles Beach to meet the requirements of that program by providing technical advice to ensure awarding of certification. 3.6.2) The City of Sunny Isles Beach may, during the period of this contract, prepare on or more official statements in connection with the sale of debt securities, which will contain the basic financial statements and the Auditor's report thereon. The Auditor shall be required, if requested by the fiscal advisor and/or the underwriter, to issue a "consent and citation of expertise" as the Auditor. 3.6.3) The City may periodically require an EDP audit of Information Systems. 3.6.4) Review of the annual financial report of the City filed with the State of Florida, pursuant to Section 218.32, Florida Statutes, to verify that it is in agreement with the respective financial statements. 3.6.5) With the change in the Auditor General requirement, the Auditor will also assist in the Financial Condition Assessment. 3.7 Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the Auditor's expense, in accordance with requirements and procedures set forth by the General Records Schedule for Local Government Agencies as promulgated by the Division of Archives and Records Management (a division of the Florida Department of State). The auditor will be required to make working papers available, upon request, to the following parties or their designees:  City of Sunny Isles Beach  U.S. General Accounting Office (GAO)  Cognizant Agency  Parties designated by the federal or state governments or by the City of Sunny Isles Beach as part of an audit quality review process  Auditors of entities of which the City of Sunny Isles Beach is a sub recipient of grant funds In addition, the firm shall respond to the reasonable inquiries of successor auditors and all ow successor auditors to review working papers relating to matters of continuing accounting City of Sunny Isles Beach |Request for Proposal No. 15-12-01 15 significance. As requests for copies of working papers are fulfilled, the auditors will be required to notify the Finance Director of the request, as appropriate. 3.8 ASSISTANCE PROVIDED Finance Department The Finance Department staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the City of Sunny Isles Beach. Information Technology (IT) Assistance Certain IT personnel will be available to assist the auditor in performing the engagement as necessary. IT personnel will also be available to provide systems documentation and explanations. The Auditor shall be provided access to the City of Sunny Isles Beach's WI-FI connection and paperless document management system (Laserfiche). Work Area, Network, Telephones, Photocopying and Fax Machines The City of Sunny Isles Beach will provide the auditor with reasonable workspace (computer hardware/software shall be the responsibility of the Auditor), desks and chairs. The auditor will also be provided access to WI-FI, telephone lines, photocopying facilities and fac simile machines for the on-site audit staff. Report Preparation Auditor shall prepare all individual, combining and entity wide Financial Statements, the Independent Auditor's Report, and the Notes to the Financial Statements. The City will provide the transmittal letter, management's discussion and analysis, and information for statistical schedules. Comprehensive Annual Financial Report (CAFR) preparation, editing and printing (25 copies) shall be the responsibility of the auditor. The Auditor shall pro vide an electronic copy of the CAFR in Acrobat (pdf) format. The required Schedule for the 2015/16 Fiscal Year Audit will be for the firm to submit 25 copies of the audit report no later than February 28, 2017. A representative will present the findings at the March commission meeting. For subsequent audits, the audit copies should be delivered no later than January 31 and the findings presented at the February commission meeting. The Auditor will assist the City in complying with changes in any reporting requirement to remain in conformity with generally accepted accounting principles. The auditor must designate the partner in charge and two (2) “key” members of the audit team. The City shall reserve the right to approve any substitutions or cha nges in those staff designated as “key”. Per GASB 68 information will be delayed until January 2016 based on the July 2015 FRS valuation. Depending on when FRS data is received City of Sunny Isles Beach |Request for Proposal No. 15-12-01 16 3.9 DESCRIPTION OF GOVERNMENT The City of Sunny Isles Beach serves an area of approximately 1.78 square miles with a population of approximately 21,946. The City of Sunny Isles Beach's fiscal year begins on October 1 and ends on September 30. The following divisions/departments provide direct services to the citizens and their activities are accounted for through the General Fund, Special Revenue Funds, and an Enterprise Fund:  Community Development (Building, Planning & Zoning, Code Enforcement, Parking Enforcement)  Cultural and Community Services (Transportation, Parks Maintenance, Athletics, Visitor Center, CCS Administration)  Public Safety (Police, Ocean Rescue)Public Works (Public Works Administration, Facilities Maintenance, Fleet Maintenance, Construction, Streets Maintenance, Storm water Operations) The following departments provide internal support services to the above departments. They are also accounted for through the General Fund:  City Commission  City Manager  City Attorney  City Clerk  Finance  Human Resources  Risk Management  Information Technology The City of Sunny Isles Beach does not have any Internal Service Funds. The City of Sunny Isles Beach has a total payroll of approximately $15 million covering two hundred seventy (270) employees. The City of Sunny Isles Beach's Government is comprised of 26 departments. The total general fund budget is approximately $54 million. More detailed information on the government and the finances can be found in the City's Adopted Budget Document, the Annual Financial Report and Code of Ordinances available in the City Clerk's Office and the Finance Department, located at Sunny Isles Beach Government Center or online at www.sibfl.net Fund Structure The City of Sunny Isles Beach uses the following fund types and account groups in its financial reporting: City of Sunny Isles Beach |Request for Proposal No. 15-12-01 17 Fund Type/Account Group Number of Individual Funds Number With Legally Adopted Annual Budgets General Fund 1 1 Storm Water Fund (Enterprise Fund) 2 2 Capital Improvement Fund 2 1 Police Forfeiture Fund (Special Revenue) 3 0 Building Fund (Special Revenue) 1 1 Streets Construction & Maintenance Fund(Special Revenue) 1 1 Public Art Trust Fund (Special Revenue) 1 1 Budgetary Basis of Accounting All Governmental Funds are accounted for using the modified accrual basis of accounting. Their revenues are recognized when susceptible to accrual, i.e., when they become measurable and available to pay liabilities of the current period. Ad Valorem taxes, licenses, permits, charges for services, fines and investment earnings are susceptible to accrual. Property taxes are consid ered available when collected in the current year or within sixty (60) days subsequent to September 30, provided that amounts received pertain to billings through the fiscal year just ended. Where grant revenue is dependent upon expenditures by the City, revenue is accrued as the related obligation are incurred. Revenues collected in advance of the year to which they apply are recorded as deferred revenues. A one-year availability period is used for revenue recognition for all other governmental fund revenues. Expenditures under the modified accrual basis of accounting are generally recognized when the related fund liability is incurred and expected to be liquidated with available resources. An exception to this general rule is accrued interest on general lo ng-term debt which is recognized when due. The Proprietary Fund is accounted for using the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred. Account Groups are used to establish accounting control and accountability for the City's general fixed assets and the un-matured principal of its general long-term obligations. The two (2) accounts are not funds. They do not reflect available financial revenues and related liabilities but a re accounting records of the general fixed assets and general long-term obligations. Pension Plans City of Sunny Isles Beach |Request for Proposal No. 15-12-01 18 Component Units The City of Sunny Isles Beach is the primary reporting entity and has no other component units that fall within its governance. Finance Department Operations The Finance Department has seven employees and is headed by Audra Curts-Whann, Finance Director. The Finance staff positions are as follows: Function Number of Employees Finance Director 1 Assistant Finance Director 1 Senior Accountant 1 Purchasing Agent 1 Accounting Technician 2 Administrative Assistant 1 In addition, Humberto Martinez, Sr. IT analyst, will be available to assist as needed in providing any systems documentation and explanations. Computer Systems Virtual server running on VMWare 5.5 platform with the following specs: 2 CPU's 8 GB Memory Hard Disk 1 (C:) 40GB Hard Disk 2 (E:) 40GB Operating System: Windows 2008 R2 Standard Financial Software: MCSJ Database: Separate server running SQL 2012 Daily backup’s onsite and offsite City of Sunny Isles Beach |Request for Proposal No. 15-12-01 19 Federal and State Awards The City of Sunny Isles Beach anticipates expending funds from the following federal or state award sources during FY 2016:  Florida Department of Transportation Florida Division of Cultural Affairs – $100,000  Florida Department of Environmental Protection , State Revolving Fund - $500,000  United States Department of Justice, Federal Forfeiture - <$1,000,000  United States Department of Justice, passed through the Florida Department of Law Enforcement, Edward Byrne Memorial Justice Assistance Grant Program - <$20,000 3.10 PROPOSAL REQUIREMENTS AND FORMAT Submission of Proposals Proposals shall be as thorough and detailed as possible so that the City may properly evaluate the capabilities of respective firms to provide the required services. All submittals by Proposers shall contain no more than fifteen (15) pages specifically addressing the following issues. All other required documentation (except for the Public Entity Crime and Non-Collusive Affidavits) will not be considered a part of the fifteen (15) pages. Mandatory Requirements: a. The firm will make a statement as to their independence with regard to the City Sunny Isles Beach b. The firm will make a positive statement that the firm is properly licensed as a certified public accounting firm in the State of Florida and indicate the legal entity under which they are licensed. c. Describe the firm's professional development programs, including the number of hours of specialized training in governmental accounting and auditing received during the past two years of personnel to be assigned to this engagement. Indicate compliance with the State Board of Accountancy requirements applicable to audits of Florida local governments. d. Provide a copy of the firm's most recent external quality control review (peer review), the letter of comments, and a statement indicating whether that quality control review included a review of specific governmental engagements. Also include information regarding the firm's AICPA practice section membership. e. The Firm will make a positive statement that the firm does not have a record of substandard audit work. f. Provide information on the results of any Federal or State desk reviews or field review of the firm's audits during the past three (3) years. Also provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with State regulatory bodies or professional organizations. g. Provide a positive statement that the firm is knowledgeable of all applicable laws and City of Sunny Isles Beach |Request for Proposal No. 15-12-01 20 regulations and shall perform the audit and provide the required Auditor Reports in compliance with the applicable Laws and Regulations of the State of Florida, including requirements of the Department of Banking & Finance, and rules adopted by the Auditor General for the form and content of governmental unit audits. h. Describe any litigation in excess of $500,000 filed against the Firm in the State of Florida over the last three years. Also, describe any terminations, suspensions, censures, reprimands, probations or similar actions against the Firm or any member of the Firm's firm by the Florida State Board of Accountancy in the past three years. Technical Qualifications a. Provide a brief profile of the Firm, including location, the business legal status (corporation partnership, etc.), date the business was formed, and the number of professional staff employees at the office from which services under this engagement would be performed. b. Describe the Firm's (local office for national firms) experience in providing accounting and auditing services to Florida local governments. c. The Firm must be a member of the American Institute of Certified Public Accountants. d. Indicate the Firm's experience auditing governments that use MCSJ/Edmonds financial system software. Qualifications of Personnel Assigned: a. Provide a positive statement that the audit team supervisor (or equivalent) meets the following minimum qualifications: licensed by the State of Florida as a certified public accountant in good standing, five years of experience in governmental accounting and auditing, and three years of supervisory experience. It is anticipated that the audit supervisor will be on-site during the course of the engagement and actively involved in all aspects of the audit. · b. Provide a professional resume of personnel to be assigned to this engagement. These resumes should be for the partner, the manager or supervisor, and the senior for this engagement. The resume should include continuing education in governmental auditing and other governmental audit engagements that they have undertaken. c. Describe the assigned staff's experience in providing assistance with implementation of new GASB Statements and providing guidance on maintaining the Certificate of Achievement for the CAFR. d. Describe how the qualification of the audit team over the term of the contract will be assured. Engagement partners, managers, other supervisory staff may be cha nged if those personnel leave the firm, are promoted, or are assigned to another office. Those personnel may also be changed for other reasons with the permission of the City. However, in any case, the City retains the right to approve or reject replacements. e. The audit team members must be reviewed with and approved by the City prior to the beginning City of Sunny Isles Beach |Request for Proposal No. 15-12-01 21 of each audit. No change shall be made in the composition of the audit team without consent by the City. Proposal Calendar The following is a list of key dates up to and including the date proposals are due to be submitted: RFP Issued: Proposal Due and Opening Date: 12/1/2015 12/30/2015 at 2:30 PM Pre-Proposal Conference: Finalist Presentations (if required) Non-Mandatory 12/09/2015 at 11:00 AM All Questions Due: Present to City Commission: 12/18/2015 by 5:00 PM 01/17/2015 Audit Approach: a. The proposal should set forth a work plan, including an explanation of the audit methodology to be followed to perform the services in this request for proposals. b. Provide the following information on the audit approach: o Proposed segmentation of the engagement. o Level of staff to be assigned and estimated hours to each proposed segment of the engagement. o Type and extent of analytical procedures to be used in the engagement. o The approach to be taken to gain and document an understanding of the City's internal control structure. c. Provide the names of the partner and manager that will be assigned to this engagement and the extent of their involvement with this engagement. Provide a positive statement that ANY SUBSTITUTION OF THESE INDIVIDUALS MUST BE APPROVED BY THE CITY PRIOR TO ANY CHANGES IN STAFFING. d. Provide the proposed schedule for the audit. This should be detailed to show beginning and ending dates of field work, dates projected for submission of draft reports, and the date for delivery of the Auditor's reports on the completed CAFR. e. Provide the anticipated use of City staff members. f. Provide at least five (5) client references within the State of Florida. Of these, at least three (3) must be local governmental units. References should include the name and telephone number of a contact person. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 22 g. Prior engagements with the City of Sunny Isles Beach: List separately all engagements within the last five years, ranked on the basis of total staff hours, for the City of Sunny Isles Beach by type of engagement (i.e., audit, management advisory services, other). Indicate the scope of work, date, engagement partners, total hours, the location of the firm's office from which the engagement was performed, and the name and telephone number of the principal client contact. h. Similar Engagements with Other Government Entities: For the firm's office that will be assigned responsibility for the audit, list the most signif icant Florida municipal engagements (maximum of 5) performed in the last five years that are similar to the engagement described in this request for proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. Also, include experience in assisting other municipal clients in obtaining the GFOA Certificate of Achievement for Excellence in Financial Reporting and implementation of GASB 34. 3.11 Proposers will be required to provide the following information on their audit approach: a Proposed segmentation of the engagement. b Level of staff and number of hours to be assigned to each proposed segment of the engagement. c Sample size and the extent to which statistical sampling is to be used in the engagement. d Extent of use of EDP software in the engagement. e Type and extent of analytical procedures to be used in the engagement. f Approach to be taken to gain and document an understanding of the City of Sunny Isles Beach's internal control structure. g Approach to be taken in determining laws and regulations that will be subject to audit test work. h Approach to be taken in drawing audit samples for purposes of tests of compliance. i Assistance to be provided in meeting the requirements of the "Certificate of Excellence in Financial Reporting'. j Process to produce a meaningful "management letter". Include three recent "management letters" developed in connection with local government audits. k Internal quality control procedures and external quality control review 3.12 Proposed Fees City of Sunny Isles Beach |Request for Proposal No. 15-12-01 23 1. Firms are requested to quote fees for the work they are proposing to perform. This fee quote should also provide a breakdown of anticipated hours and rates of the various levels of personnel to be assigned. Fees should be quoted for each of the three (3) years of the audit engagement. ONE FEE QUOTE MUST BE PROVIDED IN A SEPARATE SEALED ENVELOPE (ATTACHMENT A), ATTACHED ONLY TO THE ORIGINAL AUDIT PROPOSAL. The first page of the dollar cost proposal should include the following information: a. Name of Firm b. Certification that the person signing the proposal is entitled to represent the firm, empowered to submit the proposal, and authorized to sign a contract with the City of Sunny Isles Beach. c. A Total All-Inclusive not-to-exceed price for the FY 2016, FY 2017, and FY 2018 engagements. 2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for each. The dollar cost proposal should include a schedule of professional fees and expenses, presented in the format provided in the attachment (Attachment "A"), that supports the total all-inclusive maximum price. 3. Rates for Additional Professional Services If it should become necessary for City of Sunny Isles Beach to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between City of Sunny Isles Beach and the firm. Any such additional work agreed to between City of Sunny Isles Beach and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the dollar cost proposal. 4. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement, in accordance with the firm's dollar cost proposal. Interim billing shall cover a period of not less than a calendar month. D. General Terms and Conditions There is no expressed or implied obligation for the City of Sunny Isles Beach to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. The City of Sunny Isles Beach reserves the right to reject any or all proposals submitted. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 24 Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Sunny Isles Beach and the firm selected. Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business w ith any public entity in excess of the threshold amount provided in Florida State Statutes Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3.11 SCHEDULE FOR CONDUCTING AUDITS During the second, third and fourth years of the Financial Auditing Services contract, the Audi tor shall complete each of the following no later than the dates indicated below. As a result of the proposal due date for fiscal year 2016 (first year of the contract), these dates will be determined by mutual agreement during contract negotiations. A Interim Work The Auditor shall complete interim work by August 31st. B Detailed Audit Plan The Auditor shall provide the City of Sunny Isles Beach by August 31st both a detailed audit plan and a list of all schedules to be prepared by the City of Sunny Isles Beach. C Fieldwork The Auditor shall complete all fieldwork by December 31st. D Draft Reports The auditor shall have drafts of the audit report and recommendati ons to management available for review by January 15th. E Date Audit May Commence The City of Sunny Isles Beach will have all records ready for audit and all management personnel available to meet with the firm's personnel as of November 15th of each year. F Date Final Report Is Due The auditor will deliver the opinion letter, management letter, and all final requested reports on February 28th the 1st year 2015/2016 the following years shall be subject to GASB 68. The final report and the 25 signed copies should be delivered to the Finance Director, 18070 Collins Avenue, Sunny Isles Beach, Florida 33180. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 25 END OF SECTON City of Sunny Isles Beach |Request for Proposal No. 15-12-01 26 Section 4 Evaluation Process and Criteria 4.1 Review of Proposals For Responsiveness As stated previously, proposals shall be reviewed and evaluated by the City's Audit Committee. The Audit Committee will rank the firms submitting proposals and make a recommendation to City Council. City Council will then select the firm considering the recommendation of the Audit Committee. The City Council will make the selection of the external auditor at a City Council meeting. 4.2 Evaluation Criteria Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory minimum criteria will have their proposals evaluated and ranked for technical qualifications. The following represent the principal criteria that will be considered during the evaluation process. Mandatory Elements:  The firm is independent and licensed to practice in Florida.  The firm's professional personnel have received adequate continuing professional education within the preceding two years in accordance with the requirements of the Florida State Board of Accountancy and Government Auditing Standards.  The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work.  The firm adheres to the instructions in this Request for Proposal for preparing and submitting the proposal. Technical Qualifications Firm and Assigned Staff Expertise and Experience:  The firm's technical experience with local government units in the State of Florida.  The professional competence of the audit team assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation.  Information received from references regarding firm and assigned staff.  Information from interviews, if requested of Firms, either in person or be telephone, if deemed appropriate by the Audit Committee. Audit Approach  Overall audit approach.  Adequacy of proposed staffing plan for the various segments of the engagement. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 27  Proposed audit schedule.  Information received from references regarding the audit approach. The Audit committee will meet to evaluate the proposing firms. After the initial evaluation for each firm has been established, the sealed dollar cost proposal will be opened and the Audit Committee will select the top three (3) firms for recommendation to the commission. 4.3 Negotiations The City may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Proposer’s best terms from a monetary and technical standpoint. Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a contract, the City reserves the right to terminate negotiations and may, at the City Manager’s or designee’s discretion, begin negotiations with the next responsible and responsive proposer. This process may continue until a contact acceptable to the City has been executed or all proposals are rejected. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. Any Proposer recommended for negotiations may be required to provide to the City: a) Its most recent certified business financial statements as of a date not earlier than the end of the Proposer’s preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for material change in the financial condition. A copy of the most recent business income tax return will be accepted if certified financial statements are unavailable. b) Information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of services to be rendered herein, in which the Proposer, any of its employees or subcontractors is or has been involved within the last three years. END OF SECTON City of Sunny Isles Beach |Request for Proposal No. 15-12-01 28 DELIVER TO: City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beach, FL 33160 REQUEST FOR PROPOSAL SECTION 5 PROPOSAL SUBMITTAL FORMS OPENING: 2:30 P.M. 12/30/2015 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Proposal price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Andrew J. Rozwadowski Date Issued: 12/1/2015 This Proposal Submittal Consists of Pages 31 through 36 Sealed proposals are subject to the Terms and Conditions of this Request for Proposal and the accompanying Proposal Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Proposal Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Proposal Submittal Requirement. RFP 15-12-01 PROFESSIONAL AUDITING SERVICES Procurement Agent: Firm Name: Andrew Rozwadowski ________________________________________ Commodity Code(s): FAILURE TO SIGN PAGE 34 OF SECTION 5 PROPOSAL SUBMITTAL WILL RENDER YOUR PROPOSAL NON-RESPONSIVE City of Sunny Isles Beach |Request for Proposal No. 15-12-01 29 SECTION 5 PROPOSAL SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS PROPOSAL Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS PROPOSAL FIRM NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: City of Sunny Isles Beach |Request for Proposal No. 15-12-01 30 PROPOSAL SUBMITTAL FORM The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into an agreement with the City of Sunny Isles Beach to perform and furnish all Services as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Proposal and in accordance with the other terms and conditions of the Contract Documents. The Proposer accepts all of the terms and conditions of the Advertisement or Request for Proposal and Instructions to Proposers, including without limitation those dealing with the disposition of bid Security. This Proposal will remain subject to acceptance for 90 days after the day of Proposal opening. The Proposers agrees to sign and submit the Agreement with the Bonds and other documents required by the Proposal Requirements within ten days after the date of the City’s Notice of Award. In submitting this package, the Proposer represents, as more fully set forth in the Agreement, that:  The Proposer has familiarized himself/herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work.  The Proposer has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions.  The Proposer has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Proposer.  This proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Proposer has not directly or indirectly induced or solicited any other Proposers to submit a false or sham Package; the Proposer has not solicited or induced any person, firm or corporation to refrain from submitting a proposal;; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposers or over the City. The City and the successful Proposer will establish completion times for each individual Work Item and the successful Proposer agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 31 Firm Name: _____________________________________________________________________________ Street Address: _____________________________________________________________________________ Mailing Address (if different): _____________________________________________________________________________ Telephone No. _______________________________Fax No. _________________________ Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__ *“By signing this document the proposer agrees to all Terms Signature: __________________________________________________________________ (Signature of authorized agent) Print Name: _________________________ Title: _________________________________________ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 32 PART 1 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE SEPTEMBER 30, –2016-2018 FINANCIAL STATEMENTS: SUPPORTING SCHEDULE FOR AUDIT SERVICES Hours Proposed Hourly Rates Proposed Total Partners Managers Supervisory Staff Staff Other (specify) Subtotal Other Expenses (specify): Total All-Inclusive Price for Audit Services Year 1 Year 2 Year 3 Grand Total Price for Audit Services (3Years) Grand Total Price for Audit Services (3 Years) Written NOTE: If the proposed hourly rates used to calculate the total all-inclusive price for any contract year are different from contract year 1 rates, provide an index for those years or provide rates for each staff level and each contract year for which there is a change. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 33 SCHEDULE OF PROPOSAL PRICES PART2 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2016 FINANCIAL STATEMENTS: COMBINING SCHEDULE - ALL SERVICES Nature of Service to be Provided Schedule Total Florida Single Audit Federal Single Audit EDP Auditing Services CAFR (preparing, editing and printing) Other (specify) SUBTOTAL Total Amount Written Each service described in this RFP - Special Considerations and Services should be supported by an individual schedule in the format provided on Part 1 of the Schedule of Proposal Prices. City of Sunny Isles Beach |Request for Proposal No. 15-12-01 34 AFFIDAVITS NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF _____________) The undersigned being first duly sworn as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, _____________________________________________________________ (Name of Corporation, Partnership, Individual, etc.) a, ________________________________, formed under the laws of _____________ (Type of Business) (State) of which he is ________________________________________________. (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. ___________________________________ ___________________________________ AFFIANT’S NAME AFFIANT’S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 200_. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) DECEMBER 28, 2010 1 of 7 PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________ by____________________________________________________________________________ [print individual’s name and title] for____________________________________________________________________________ [print name of entity submitting sworn statement] whose business address is: _______________________________________________________________________________ _______________________________________________________________________________ and (if applicable) its Federal Employer Identification number (FEIN) is_____________________. (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement:_________________________________.) 11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair DECEMBER 28, 2010 2 of 7 10/1998 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) ____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: ______________________________________ (Signature) ______________________________________ (Printed Name) ______________________________________ (Title) Sworn to and subscribed before me this ______ day of_______________________, 20_____, by __________________________________________________. (AFFIX NOTARY STAMP HERE) ______________________________________ Signature: Notary Public – State of Florida ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 3 of 7 EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: ________________________________________ Title: ________________________________________ Firm: ________________________________________ Address: ________________________________________ ________________________________________ DECEMBER 28, 2010 4 of 7 CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF ___________________ BEFORE ME, the undersigned authority, personally appeared _____________________________, who was duly sworn, deposes, and states: 18.1. I am the _________________________________________________ of __________________________________with a local office in _____________________________ and principal office in _____________________. 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. ______________ described as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.7 I certify that no member of the entity’s ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.8 I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this _________ day of _____________________________________, 2010. _________________________________ _________________________________ AFFIANT Print or Type Name and Title Sworn to and subscribed before me this _____ day of ______________________, 2010. ˆ Personally Known ________ OR ˆ Produced Identification ________; Type of Identification _________________________ __________________________________ NOTARY PUBLIC STATE OF FLORIDA DECEMBER 28, 2010 5 of 7 DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. ________________________________________ ______________________________________ Firm Date ________________________________________ _______________________________________ Authorized Signature Print or Type Name and Title DECEMBER 28, 2010 6 of 7 ANTI-KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF ___________ ) I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: ________________________________ Title: ________________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________ [name of person], as __________________________________ [type of authority], for ________________________________ [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: _______________________________ Notary Public – State of Florida ________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ DECEMBER 28, 2010 7 of 7