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8To: From: Date: Subject: Background: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission South Miami hOd ;iiir 2001 Hector Mirabile, PhD, City Manager Agenda Item NO.:~ July 23, 20 12 A Resolution authorizing the City Manager to award a five-year contract to American Appraisal Associates, Inc. for the inventory of the City's fixed assets to be in compliance with GASB 34 fixed asset accounting standards. The City must comply with the standards established by Governmental Accounting Standards Board (GASB) 34 Fixed Asset Accounting and all subsequent pronouncements put forth by GASB or its successor organization. Furthermore, assets equal to or greater than $1 ,000 be inventoried and tracked. To comply with GASB 34, the City issued a Request for Proposal for Inventory and Valuation Services. Prior to the RFP, the City has been soliciting quotations for the past two fiscal years for similar services. Each quotation was for a single fiscal year. Since this service is required each fiscal year, staff recommended a RFP be issued for a five-year period to take advantage of pricing that would be quoted over a longer commitment. Four (4) firms responded to the RFP with American Appraisal Associates, Inc. as the low bidder: Firm Year I Year 2 Year 3 Year 4 Year 5 TOTAL American $5,499 $5,600 $5,700 $5,800 $6,000 $28,599 Appraisal CBIZ Valuation $12,000 $6,000 $6,000 $6,000 $6,000 $36,000 Group LLC AAE Consulting $12,600 $12,600 $12,600 $12,600 $12,600 $63,000 Group ASSETTWORKS Non-Responsive Appraisal Expense Account: Attachments: American Appraisal Associates, Inc. has performed inventory and valuation services for the City over the past two fiscal years so there will be virtually no learning curve with City assets, buildings and process. Fixed asset accounting services will commence approximately during mid to late October for the fiscal year ending September 30, 2012. $5,499 (FY: 2012-2013) 001-1330-513-4510 with a current balance of $1 1,590 Resolution Proposal: American Appraisal Associates, Inc. Bid Opening Report Daily Business Review Advertisement Demand Star Results Request for Proposal Addendum #1 RESOLUTION NO.: _________ _ 2 3 A Resolution authorizing the City Manager to award a five-year contract to American 4 Appraisal Associates, Inc. for the inventory of the City's fixed assets to be in 5 compliance with GASB 34 fixed asset accounting standards. 6 7 8 WHEREAS, the City accepted sealed proposals for Inventory and Valuation Services to 9 be in compliance with GASB 34 fixed asset accounting standards; and 10 11 WHEREAS, American Appraisal Associates, Inc. submitted the lowest, responsive and 12 responsible proposal; and 13 14 WHEREAS, the City will pay American Appraisal Associates, Inc. a total of $28,599 over a 15 five year term in annual increments of; Year 1-$5,499; Year 2 -$5,600; Year 3 -$5,700; Year 4- 16 $5,800; Year 5 -$6,000. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 19 CITY OF SOUTH MIAMI, FLORIDA: 20 21 Section 1. The City Manager is authorized to award a 5-year contract to American 22 Appraisal Associates, Inc. for the inventory of the City's fixed assets to be in compliance with 23 GASB 34 fixed assets accounting standards. 24 25 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 26 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 27 shall not affect the validity of the remaining portions of this resolution. 28 29 Section 3. Effective Date: This resolution shall take effect immediately upon 30 enactment. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 PASSED AND ENACTED this __ day of _____ , 2012. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATIORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Harris: Commissioner Newman: Commissioner Welsh: CITY OF SOUTH MIAMI South Miami, Florida American Appraisal Proposal to Provide GASS 34 and Insurance Appraisal Services July 11, 2012 Original Leading / Thinking / Performing Submitted by Lori Flemming Managing Director, Southeast American Appraisal 8833 Westmoreland Lake Drive Cornelius, NC 28031 tel 704.439.25151 fax 704.439.0384 Iflemming@american-appraisal.com American Appraisal Associates, Inc. 8833 Westmoreland Lake Drive, Cornelius, NC 28031 direct 704 439 25151 mobile 704 953 9780 fax 704 439 0384 Leading I Thinking I Performing Table of Contents American Appraisal SCOPE OF SERViCE .................................................. , ................... , ........................................................ , .. 2 EFFECTIVE DATE OF THE ApPRAISAL ......................................................................................................... 3 PREMISE OF VALUE ............................................................................................................... , ......... , ........ 3 VALUATION ApPROACH ............................................................................. ' .......... ,., ........... , ...................... 4 METHODOLOGy ........................................................................................................................................ 4 RESPONSiBILITIES .................................................................................................................................... 6 PROJECT TEAM ...................................................................................................................................... ,. 7 REFERENCES .......................................................................................................................................... 7 DELIVERABLES ................................................................ , ........ , ............................................................... 8 OPTIONAL SERViCES ................................................................................................................................ 9 TIMING ............................................................................................................................. , ....................... 9 FEES ............................................................ ' ........................................................ , ................................. 9 Exhibits A Bidder Qualification Statement B Team Resumes C Non-Collusion Affidavit & Public Entity Crimes and Conflicts of Interest D Drug Free Workplace E Indemnification and Insurance Documents (Sample Certificates) & Exceptions to the RFP F Price Proposal Sheet Leading / Thinking I Performing American Appraisal Associates, Inc. 8833 Westmoreland Lake Drive, Cornelius, NC 28031 direct 704 43925151 mobile 704 953 9780 fax 704 439 0384 Leading 1 Thinking I Performing July 11, 2012 Mr. Steven Kulick Purchasing Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: GASB 34 Appraisal Services Dear Mr. Kulick: American Appraisal American Appraisal ("American Appraisal") is pleased to provide this proposal for professional valuation consulting services. Our proposal includes a description and explanation of the scope of the appraisal, our methodology, the deliverables, project timing and professional fees along with our professional qualifications. SCOPE OF SERVICE Nature of Service The purpose of our work will be to develop a comprehensive report covering the fixed assets of The City of South Miami (the "City") for assistance in complying with the reporting requirements of Governmental Accounting Standards Board's (GASB) Statement No. 34, develop an inventory for property control purposes and develop accurate property insurance values. Project Inclusions The fixed assets to be included in this engagement are located in various City-owned facility sites and structures, as reported by the City. The facilities include Capital Assets which comprise typical municipal occupancies (administration, education, police, fire, maintenance, parks, etc.) Also included are the City's infrastructure assets comprised of roads, lighting, signs, sidewalks, bridges, traffic control devices, and the storm water management system. General assets included in the development of the comprehensive fixed asset model include: • Buildings at $50,000 and above • Land Improvements at $25,000 and above • Land at $1 and above • Infrastructure at $250,000 and above Leading I Thinking I Performing 2 City of South Miami July 11, 2012 American Appraisal .. Moveable Equipment at a capitalization threshold of $5,000 for GASB 34 purposes; inventory and barcode tag assets at $1,000 and above for property management and control Project Exclusions Excluded from the services provided by this proposal are: .. Enterprise Funds .. Assets Below the Capitalization Thresholds .. Leased Equipment -Operating II Assets in or at locations that are considered as not easily accessible or identified locations within the proposal II Personal Property of Employees or Others .. Vehicles .. Supplies/Expendable Inventories • Historical Treasures When equipment is not easily accessible, we will consult with you to gather the information, or the assistance, needed to perform American Appraisal's inventory. If desired, library books, radios, computer software, fine arts and historical treasures, and licensed vehicles can also be incorporated into the record based on information supplied by the City. This information must be provided to American Appraisal during the initial field inspection to be included in the reports. We will not inspect, tag or value any of the special assets identified by the City. EFFECTIVE DATE OF THE ApPRAISAL The effective or "as of" date of the appraisal for accounting purposes will be as of a current date on this project, unless otherwise advised by the City. For insurance purposes the effective or "as of" date will be the last day of field work. PREMISE OF VALUE The premises of value, as well as certain related valuation terms, are defined as follows: II Cost of Reproduction New (For Insurance Purposes Only) -The amount required to reproduce a duplicate or a replica of the entire property at one time in like kind and materials in accordance with current market prices for materials, labor, and manufactured equipment, contractors' overhead and profit, and fees, but without provision for overtime, bonuses for labor, or premiums for material or equipment. In insurance industry terminology, cost of reproduction new, as defined above, is synonymous with the insurance industry phrase, "replacement cost." Leading I Thinking I Performing 3 City of South Miami July 11, 2012 American Appraisal iii Historical Cost -The actual cost of a property to the present owner -the cost as of the date the property was first constructed or originally installed. When historical cost is provided in a usable format, it will be included. When this information is not readily available, American Appraisal will estimate the original cost by applying reverse inflation indices to the cost of reproduction new. III Estimated Original Cost -The estimated original cost of the property in accordance with costs as of the actual or estimated date the property was first constructed, originally installed, or purchased. III Direct Costing -Additional research into the historical cost documented as provided by the City in a readily available and useable format, in the City's property records for the original construction, improvements and betterments. .. Normal Costing -Estimated cost based on the cost of reproduction new indexed by a reciprocal factor of the price increase from the appraisal date to the actual or estimated acquisition date. iii Acquisition Date -When readily available, we will use the actual acquisition date of the property. In the absence of readily available information, the acquisition date will be estimated based upon American Appraisal's knowledge of the property type and its condition. II Estimated Life -An estimate will be made of the useful life of each unit-controlled asset and each group-controlled asset. The matter of historicallifing practice versus estimated actual lives will be discussed during the planning meeting and an acceptable approach will be developed. II Accumulated Depreciation -Will be based on the asset's cost, acquisition date and the estimated useful life utilizing the straight-line basis of depreciation. Useful lives will be based on information provided by the City or industry standards. '" Insurable Value (For Insurance Purposes Only) -Cost of reproduction new (replacement cost) as of the appraisal date will be used as a basis for insurable values for all controlled property. VALUATION ApPROACH Our analysis will consider the three basic approaches to value: income, market and cost. In accordance with the USPAP guidelines, all basic approaches to value will be considered; however, because the purpose of our investigation will be to express an opinion on the existence and the historical cost and accumulated depreciation of certain fixed assets for financial reporting purposes, it will be considered appropriate to rely solely on the cost approach. METHODOLOGY Buildings We will utilize a full-scope, segregated cost approach including an inspection of each building with a cost of $50,000 and above to identify construction data that will be used in the valuation process. Leading I Thinking / Performing 4 City of South Miami July 11, 2012 American Appraisal During inspection of the premises, we will calculate each building's area and perimeter by measuring the structure or through an analysis of the as-built blueprints or other verified source; identify and record data of the major construction components (type of structure, walls, roof, etc.) and type of construction; record number of stories and occupancy; confirmation of addresses and zip codes for each location; record data of major service systems (electrical, plumbing, security, elevators, heating, ventilation, cooling, fire protection, etc.); photograph the building; and record the GPS coordinates and flood zone classifications. The insurable value of each building and the related construction, occupancy, protection, and exposure (COPE) data obtained during the inspection will be reported on an itemized basis for each structure appraised. Moveable Equipment A detailed inventory of moveable equipment will include a physical inspection and barcode tagging of all owned equipment with a unit cost in excess of $5,000 for GASB 34 purposes, and $1,000 for property management and control purposes. Floor plans will be required to assist the inventory team in assuring that no areas are missed. Assets less than $1,000 will be excluded. It is important to note that we will not be performing a detailed reconciliation to the City's existing fixed asset ledger. Land Improvements While inspecting site structures, we will also conduct an inventory of site/land improvements and miscellaneous structures at $25,000 and above. Pertinent data regarding assets in these categories, i.e. paving, lighting, fencing, parking lots, sidewalks, signs, flagpoles, curbs, retaining walls, etc. will be recorded to permit assignment of value. Land Land will be included based on the data provided to us by the City. As a part of this engagement, we will conduct a cursory review of the data. If the data is not available, or sufficient, for an additional fee of $125 per parcel, American Appraisal will research the City records to identify the City's owned land assets. In gathering this data, we will: .. Research the City Assessor's databases and files to identify land owned by the City; .. Utilize data gathered from the City Assessor's office to research deed information; .. Compile a data report indicating, as available, the following items: • Parcel Number • Date of Sa Ie • Parcel Size • Estimated Acquisition Price • Street Address when available Leading I Thinking I Performing 5 City of South Miami j). July 11,2012 American Appraisal Upon completion of the identification process we will meet with you and your external auditors to discuss American Appraisal's findings. At that time, we will be prepared to discuss the materiality of developing the historical costs for parcels for which acquisition costs were unavailable. Infrastructure and Related Rights-of-Way American Appraisal will include infrastructure assets at $250,000 and above in the GASB 34 report. We will rely on the City to provide detailed information as follows: III Asset Classes (roads, bridges, sidewalks, easements/ROW, traffic control, storm water, etc.) • Quantitative (lane miles, square feet, etc.) • Description of the Asset • Locational Information • Historical Cost • Date of Acquisition RESPONSIBILITIES The City's Responsibilities • Confirm the list of all property to be included in the assignment, along with physical location/street address, on-site property contact / department liaison, and telephone number. III Identify a representative of the City to serve as the primary on-site contact and liaison between the City and American Appraisal. II Provide copies of any prior fixed asset listings, in hard copy and electronic media. Of Provide complete and open access to all designated areas including security escorts for security-sensitive areas. American Appraisal's Responsibilities • Develop a project work plan prior to commencement of our field investigations. • Conduct an inventory of the assets, collecting the following data elements: • Asset Location Of Building Identification • Department Number • Asset Number • Asset Account Code • Asset Classification Code • Function Code Leading / Thinking / Performing 6 City of South Miami July 11, 2012 • Quantity • Asset Description • Prepare final reports. ft American Appraisal • Provide status reports as to our progress, or challenges, incurred throughout the study from start to delivery. PROJECT TEAM Professionals assigned to this project will involve several levels of management: executive review, project manager, contract manager, and the appraisal staff: The project staff will include David Jones, Senior Manager, as the Project Executive. Lori Flemming, Managing Director, will be Contract Manager and your go-to person for any issues or concerns. These professional staff members will have overall responsibility and are key personnel to the successful completion of the assignment. Specific appraisal staff assignments may vary depending upon current availability at the time of the authorization to proceed with this project. An outline of American Appraisal's Qualifications is included as Exhibit A. Please refer to Exhibit B to review our team's individual resumes. No subcontractors will be utilized Our Fixed Asset Management and Insurance Solutions practice does not utilize subcontractors and all staff assigned to this project will be full-time, permanently employed members of our firm. This practice ensures accuracy and consistency across all of our insurance appraisal engagements. REFERENCES 1. City of Sanibel Mr. James Isom Administrative Services Director 800 Dunlop Road Sanibel, FL 33957 jim.isom@mysanibel.com 239.472.3700 Scope of Service: Three separate insurable values studies over past 3 years. 2. City of Dunnellon Ms. Amanda Roberts Assistant City Clerk 20750 River Drive Dunnellon, FL 34431 mroberts@dunnellon.org 352.465.8500 Scope of Service: June 2011 Fixed Asset & Property Insurance project Leading I Thinking I Performing 7 City of South Miami July 11, 2012 3. City of Chiefland Ms. Mary Ellzey, CMC Deputy City Clerk 214 East Park Avenue Chiefland, FL 32626 mary@chieflandfla.com 352.493.6711 Scope of Service: Property Insurance Appraisal completed in June 2011. DELIVERABLES American Appraisal The City will receive one full bound report, as well as a .PDF file and an electronic file in Excel format for City auditors. Summary Appraisal Report -American Appraisal will provide the City with a Summary Appraisal Report, in accordance with the reporting requirements set forth by the Uniform Standards of Professional Appraisal Practice C"USPAP"). The report will present only summary discussions of the data, reasoning, and analyses used in the appraisal process to develop American Appraisal's opinion of value. Supporting documentation concerning the data, reasoning, and analyses will be retained as a part of the work papers. American Appraisal is not responsible for unauthorized use of its report. Fixed Asset Accounting Summary Report -The standard Fixed Asset Accounting Summary Report displays description of fields being summarized, original cost, accumulated depreciation, net book value, annual depreciation, projected provision, by account. Fixed Asset Accounting Ledger Report -The Fixed Asset Accounting Ledger Report will include all capital assets with a unit cost in excess of the City's capitalization threshold of $1,000 and the related historical cosVestimated original cost, accumulated depreciation, and current depreciation data for financial reporting purposes. This information will be sorted and reported upon by account. Fixed Asset Additions Report -The Fixed Asset Additions Report will include moveable equipment assets inventoried and bar code tagged during field work, but not contained in the City's existing records. American Appraisal assumes these items represent moveable equipment assets that were purchased since the last physical inventory. Fixed Asset Retirements Report -The Fixed Asset Retirements Report will include moveable equipment assets contained in the City's existing records, but not found during the field work. American Appraisal assumes these items represent moveable equipment assets that were retired since the last physical inventory. However, it should be noted that the items in the Unrecorded Retirements Report could also be included in the Unrecorded Additions Report if their bar code tag has been removed since the last physical inventory. It should be noted that the scope of American Appraisal's engagement does not include any reconciliation procedures. Leading I Thinking I Performing 8 City of South Miami July11,2012 ~ American Appraisal Property Insurance -Statement of Insurable Values -The standard Property Insurance -Statement of Insurable Values Report displays description of fields being summarized, and cost of reproduction new. OPTIONAL SERVICES Annual Updating -Properly Record Outsourcing Service In order to protect the initial investment in the inventory and appraisal, the City may wish to employ American Appraisal's Property Record Outsourcing Service (PROS). There are two options to consider: Desktop PROS and On-site PROS. For the desktop service the City supplies property changes such as additions, deletions, retirements, transfers, etc to American Appraisal on an annual basis, usually by electronic transfer. American Appraisal's full time PROS staff then provides the City with a fully-updated report within approximately 45 days of receipt of the changes from the City. On- site PROS would entail an American Appraisal staff member revisiting the City in 2013 and years to come, to conduct a verification inventory -we would re-inventory the assets, identifying and tagging new assets found and describing prior assets not found. TIMING Upon receipt of your signed authorization, American Appraisal will work closely with the City to establish project start, field work and report delivery schedules to meet your reporting requirements. It is our understanding that the start date should be no later than November 1st of each fiscal year and that the final report be issued no later than December 15th of each fiscal year. FEES The scope of our work and resultant fee estimate reflects our expectations regarding the complexity of the valuation, as well as the information that The City of South Miami will make available to us. Our fee for this engagement is as follows, including expenses: Primary Service: Inventory and Insurance Appraisal Leading / Thinking / Performing Year 1 (2012) Year 2 (2013) Year 3 (2014) Year 4 (2015) Year 5 (2016) $5,499 $5,600 $5,700 $5,800 $6,000 9 City of South Miami July 11,2012 American Appraisal The fee quotation is based on our current understanding of your requirements and the Engagement scope. The City and American Appraisal will mutually revise the fee to reflect any changes in services. The fees stated years 2013 thru 2016 are based on the understanding there are no additional structures and square footage to inventory and appraise. Fees do not include any applicable excise, sales, use or value added taxes. All such taxes shall be the responsibility of the City and will be added to the City's invoice if American Appraisal pays these taxes on the City's behalf. American Appraisal's compensation is not contingent in any way upon its opinions or conclusions, or upon any subsequent event related to those opinions or conclusions. NEXT STEPS We will require a fully executed Letter of Engagement between American Appraisal and the City to begin work on our appraisal. Should the services as described in this proposal correctly reflect your understanding approval of the project, please contact Lori Flemming at 704.439.2515 and we will issue a Letter of Engagement authorizing American Appraisal to proceed. Respectfully submitted, ~,~ Lori Flemming Managing Director, Southeast LCF/jf Leading I Thinking / Performing 10 hi ti Leading / Thinking / Performing fo American Appraisal it nt Exhibit A BIDDER QUALIFICATIONS p. American Appraisal American Appraisal is a unique valuation resource. Our 750 consultants are located in major financial cities throughout Asia, Europe and North America. Valuation and advisory services are our only business. We are employee owned, and we have been since 1896. For you, that means greater objectivity. Our reputation for impartiality is why our valuations are accepted by the world's most discerning regulatory, judicial and taxing authorities. Financial institutions, boards of directors and stockholders have looked to us for more than 110 years. American Appraisal provides expertise in all classifications of tangible and intangible assets. Our portfolio of services focuses on four key competencies: • Valuation • Transaction Consulting • Real Estate Advisory .. Fixed Asset Management We have been in the valuation business for more than 110 years, and it is tempting to say that we have experience in all market sectors and all classifications of tangible and intangible assets. Our experience is both deep and broad, reflecting the demands of the international marketplace. Globally, our recent experience encompasses the following market sectors: • Basic Materials • Consumer Products • Educational Institutions It Financial Services • Government & Public Sector • HealthCare • Industrial Products • Services " Technology Our consultants' experience in these sectors ensures familiarity with your industry's particular challenges and cycles. Your staff will not need to bring us up to speed. We will make sure that you benefit from our years of experience. We are proud to have been instrumental in creating the standards by which valuations are judged. Throughout our history, our consultants have occupied the most senior positions within the Appraisal Foundation, Appraisal Issues Task Force, Appraisal Standards Board and the American Society of Appraisers. The City of South Miami has our guarantee of a professional, independent and impartial valuation. Leading I Thinking I Performing Exhibit A Leading I Thinking I Performing j:l. American Appraisal it Exhibit B American Appraisal David C. Jones Director, Fixed Asset Management & Insurance Solutions Position Experience Valuation Business Education Professional Affiliations Valuation and Special Courses David C. Jones is the director for the Atlanta Fixed Asset Management & Insurance Solutions group of American Appraisal. Mr. Jones has experience in appraising buildings, moveable equipment, land, and land improvements for cities, counties, colleges and universities, and hospitals. In addition to his appraisal experience, he has developed business within the public sector throughout the Southeastern region of the United States. Mr. Jones joined American Appraisal in 2001 as an associate appraiser performing valuations of buildings, moveable equipment, land improvements, and land for school districts, municipalities, risk pools, and universities primarily for Governmental Accounting Standards Board Statement Nos. 34 and 35 and for insurance purposes. In 2003, he was promoted to valuation consultant specializing in higher education institutions performing valuations in compliance with performing OMB Circular A-21, Cost Principles for Educational Institutions. In 2006, Mr. Jones was promoted to business development manager for the Southeastern region of the United States, covering Georgia, Florida, Alabama, Tennessee, Mississippi, Louisiana, and Arkansas. He was responsible for developing business in the public sector focusing on fixed asset and insurance valuations. In 2008, Mr. Jones was promoted to director and is responsible for managing the Fixed Asset Management & Insurance Solutions group in Atlanta and developing business in Georgia. Southern Polytechnic State University Bachelor of Science -Management Technology American Society of Appraisers, Applicant American Appraisal • Advance Building Training Course • Project Management Training Course American Society of Appraisers • Introduction to Machinery and Equipment Valuation • Machinery and Equipment Valuation Methodology Leading I Thinking I Performing Exhibit B Clients Served, by Market School Districts Bartow County School District, Georgia Hall County School District, Georgia Henry County School District, Georgia Hillsborough County School District, Florida Rockdale County Public Schools, Georgia Sequatchie School District, Tennessee Stephens County School District, Georgia West Baton Rouge Parish School Board, Louisiana West Palm Beach County School District, Florida Union County School District Municipalities City of Atlanta, Georgia City of Birmingham, Alabama Leading I Thinking I Performing City of Miami, Florida City of Montgomery, Alabama Dekalb County, Georgia Lake County, Florida Health Care Morristown-Hamblen Health System Wellstar Health System Colleges and Universities Atlanta University Consortium Columbia University, New York Georgia College and State University, Georgia Morehouse College, Georgia New York University, New York Rockefeller University, New York Savannah State University, Georgia State University of New York University of Alabama University of Alabama of Birmingham p. American Appraisal University of Florida University of Puerto Rico Virginia Commonwealth University, Virginia Risk Pools Georgia Board of Regents -Colleges and Universities Georgia Department of Technical and Adult Education Other Metropolitan Atlanta Railroad Transportation Authority, Georgia National Transportation Safety Board, Washington D.C. Exhibit B Lori C. Flemming Managing Director, Fixed Asset Management & Insurance Solutions ~ American Appraisal Position Lori C. Flemming is the managing director of the Southeast Fixed Asset Management & Insurance Solutions group business development staff of American Appraisal. Experience Business Ms. Flemmingjoined American Appraisal in 1992 as an account manager. She has served in her current position as managing director, southeast sales, since 2006. Prior to joining American Appraisal, Lori spent five years as an officer in the United States Air Force, Space Command. Education Professional Affiliations University of North Carolina at Chapel Hill Bachelor of Arts -Psychology Webster University, Colorado Springs, Colorado Master of Arts -Satellite/Space Systems Management Certification -SAP's Finance/Control Module Association of School Business Officials Government Finance Officers Association National Risk and Insurance Management Society, Inc. (RIMS) University Risk Management and Insurance Association (URMIA) Representative List of Clients Served AES Corporation Florida League of Cities Greater Orlando Airport Authority Alabama Municipal Insurance Corporation Archdiocese of Miami Bi Itmore Hotel Kenton County/Northern Kentucky/Cincinnati Airport Lake County, Florida City of Clearwater City of Coral Gables City of Dade City City of Gulf Breeze, Florida City of Miami Gardens City of Miramar City of North Miami City of Sanford, Florida City of South Miami City of Wilton Manors, Florida Ecclesiastical Province of Miami (Florida Roman Catholic Dioceses) Florida Independent Colleges & Universities Risk Management Association Florida International University Florida Keys Energy Services Leading / Thinking / Performing Miami Shores Village New College of Florida North Carolina League of Municipalities Palm Beach Board of County Commissioners Palm Beach International Airport Polk County, Florida Sarasota County School Board of Brevard County, Florida South Carolina Municipal Association Town of Cutler Bay, Florida Town of Davie, Florida University of Miami Hospital University of the Virgin Islands Exhibit B Ilu Leading I Thinking I Performing fo American Appraisal E hibit c Ii Exhibit C ATTACHMENT #3 No CONFLICT OF INTEREST/NoN-COLLUSION CERTIFICATION Inventory and Valuation Services RFP Submitted this ~day of_""":£:::.::,"",,-,,(,-,, I,...:;\t-{ _____ ,. 20 I z.. The undersigned. as Bidder/Proposer. declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith. without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted. to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CITY. for the performance of all requirements to which the response/submission pertains. The Bidder/Proposer states that this response is based upon the documents identified by the following number: Bid/RFP The full-names and residences of persons and firms interested in the foregoing bid/proposal, as principals. are as follows: Name ' Stl'e~t Address . .' City State Zip The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida, that. to the best of its knowledge and belief. no Commissioner. Mayor. or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job. work or service to which the response/submission pertains. 32 ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST ;; ;;; §M & WE %4lI Inventory and Valuation Services RFP 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, Subcontractor, 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 Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. BIDDERS 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 South Miami or it's agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED Tp ADMINWT~ OATHS. , ' I. This sworn statement is submitted to (I 1"-1 tJ1)Duj h YflJatl11 n. [print narAe of the public entity] by GO II e tv') '0tv t hJV\(u/\ Vi ),-HUZ (Jr,vY:'u?.lll :sJ [print individual's name and title] for /svvlUt(oJ/) MXJ(ttl~1 [print name of entity submitting sworn statement] whose business address is .tll (, {.Arl S' { ~ ~ l v'1 I\VCJ ).;\\ \ wtU-tLvl WI 5~61 _ and (if applicable) its Federal Employer Identification Number (FEIN) is 11 -113 11 rtf (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(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 of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b). Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or 28 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person. or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I)(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 led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders. employees, members. and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] V Neither the entity submitting this sworn statement, nor any of its 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 I. 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 I. 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 of July I. 1989. However. there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] 29 Continuation of Attachment #2 Public Entity Crimes and Connias I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (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. Sworn to and subscribed before me this X.-Personally known or Produced identification (Type of identification) :f'f/,_ day of _~ ___ .. ' 20 L~ ~ CL. Rd~LN\~J~ Notary Public -State of ~~=~,...> My commission expires -.!l:L5 -./2-.0 I ~_. (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06111192) 30 xhi Leading I Thinking I Performing ft American Appraisal it D Exhibit D ATTACHMENT #2 DRUG FREE WORKPLACE Inventory and Valuation Services RFP Whenever two or more Bids which are equal with respect to price. quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services. a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program. a business shall: I. Publish a statement notifying employees that the unlawful manufacture. distribution. dispensing. possession. or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohi bition. 2. Inform employees about the dangers of drug abuse in the workplace. the business' policy of maintaining a drug-free workplace. any available drug counseling. rehabilitation. and employee assistance programs. and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I). notify the employees. that. as a condition of working on the commodities or contractual services that are under Bid. the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (S) days after such conviction. S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community. by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PR~~~:!~~~ 11w_~;~~G~j}>/v~==-,, __ Print Name: j~Q>~LefYl Stol tv'\f\CLV\16_>_» ____ > __ > Date:._JL1..U 0 __________ > ____ _ 31 ti I s Leading I Thinking I Performing ~ American Appraisal it Exhibit E Client#· 7534 AAMAGRO ACORD", CERTIFICATE OF LIABILITY INSURANCE J OA lE (MMlOOIYYYY, 08/25/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CI::RTIFICATE DOES Nor AFFIRMATIVELY OR NEGATIVELY AMEND, EXTCND or~ ALTER THE COVERAGE AFFORDED flY THE POLICIES BELOW. THIS CERTIFICATE OF INSU RANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlficato holder Is an ADDITIONAL INSURED, the pollcy{ies) must be endorsed. If SUBROGATION IS WAIVED, SUbject to the terms and conditions of the polley, certain policies may require an endorsement. A .. talement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PROIlUCER 'i~l~c._pebbl~~~zi~.~~ ___ ... _. Security Insurance Svcs., Inc. ~i;~q'[><!I; 262 78.~.~?~9_~ ___ ...... ····-=J~~~~_i6278~~!53-~.~·: P.O. Box 510925 ADDRESS: dbozlch@securityins.net New Berlin, WI 53151·0925 ~O!lIJCE~"'" ....... ---~-.... ..---.~-~--~""'~.----~"--'-'~- 262 785-9490 C\I~!QM.~R ID~J..... __ .... _ .. _ .. .. -.---.. --.--.. -.-~----.. ~-.---... -_.-.. _--_. ....• --.--~-... -. -.. ~ ..•. --.--~~-----.. -. ._._-INSURER(SI AFFORDING COVERAGE .!:'..'!J£!L... .• __ ._ INSURED INSURER ~;"'FederaHns-ura-nce Con;pany .... ---........... - AA Management Group, Inc. ._-.-................. ----.... -.. "~ .... ----......... -..... -.. "-~ ---.... - INSURERB: Vigilant Insurance Company & American Appraisal Associates, Inc. 1-"'" ..... -.. __ . __ .. __ .......... _-_ ...... _ .. ---._--------._~ .. _. __ ._,_v INSURERC, 411 E. WIsconsin Avenue ., -------_ ... "'. -.~,,---.-.. ~-...... ~--~~.----"'-~--,.-".--.-~--" -------~-- Milwaukee, WI 53202-0664 INSURER 1:>.:. __ "_'"u_. ___ · -.~, __ • _____ •• ___ ····" .. ~ •••• ~"'k~n __ ._-_._-··_,.h __ J!!i?!!R"R~_ ... --.. -.~~--.. -. -.... "-, ... "-,----.~ ._ .. e_~.o.~ ____ . __ . __ · .. -.~ ... -.. _--_.-. __ ... INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CER IIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUReD NAMED ABOVE FOR THE POLICY PL:RIOD INDICATED. NOlWlTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLlCIE:S DESCRIBED HEREIN IS SUBJECT TO ALL THE TE:RMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDl/CED BY PAID CLAIMS. LIMITS A GENERAL LlAelLITY 35310173 ~8/31/2011 08/31/201 X'I COMMERCIAL GENERAL LIABILITY ~-.. -:J CLAIMS-MADE [}9 OCCUR nv__ __ _ • ~~~~~~M ____ _ -------~ ~'L AGGR~GATf LIMIT AP~S PER: I POLICY I I~,~; I I LaC A AUTOMOBILE LIABILITY ..... ~ f\NYAUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON·OWNED AUTOS B ~ _~;;;~_~~~AB _Jj .. :~:;~~ DEDUCTIBLE X RETENTION $ 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROI'HIETORlPARTNERIfiXECI11IVEr;;N1 OI'IICHUMiiMBER EXCLUDED? ~ NIA (Ma"dalor)! In NH) ~~~~t~rpTl~~N ~gPEMTIONS below 1173167333 79680034 1271621509 f:'~=;~~I~AMAGE $ r-~---.... -~,-.-----I-.. -.. -.. -... ---.-_ .... _- $ 08/31/2011 08/31/201 ~EACH OCCURRENC.E •.•.. $5,OO!M!9.lL. __ .~?s:!!'cEGAI-"-.. _ .... _ .... __ $ .. ~rI!9MI!9_ 09/30/2011 09/3l}/201 "XJJ"ocR~lll~~i$J ... j~J'..':f--_____ "_"_ . .'=+ EACH ACCIQ§i'lI ..... _ .... _ .~!)9.!l~~_ ....... . .§...~,DI~§h9E.:E_A£~*.'~91§§ ..!!)90.00~...___ E L DISEASE .. POLICY LIMIT $500 000 OESCRIPTION Of OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101.Addltlonal Remarks Schedule, If more space is ,.quired) Supplemental Name: American Appraisal ASSOCiates, Inc. CERTIFICATE HOLDER CANCELLATION "For Information Purposes Only" SHOULD ANY OF'THE ABOVE DeSCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILl. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ~ct." 1. J'1;t I r3-. @1988·2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2424711M237820 OLB Wllhs VERlFICATION OF INSURANCE To whom it may concern We, the undersigned Insurance Brokers, hereby certify that the following described is in force at this date. NAME OF INSURED TYPE OF INSURANCE POLICY REFERENCE INCEPTION DATE EXPIRY DATE LIMIT OF LIABILITY AA Management Group, Inc. as per Proposal Fonn and as more fully defined in the Contract Wording. Professional Liability B080112701PII 31 sl August 2011 31 sl August 2012 Not less than USD 10,000,000 each claim and in the aggregate This document is furnished to you as a matter ofinfonnation only. The issuance of this document does not make the person or organisation to whom it is issued an additional insured; nor does it modify in any manner the contract of insurance between the Insured and the Insurers. Any amendment, change or extension of such contract can only be effected by specific endorsement attached thereto. Should the above mentioned contract of insurance be cancelled, assigned or changed during the above Policy period in such manner as to affect this document, no obligation to infonn the Holder ofthis document is accepted by the undersigned or by Insurers. Sign,d ...... I1!0~ ... : .......... Da"d.£.nJ.J~hl. Guy Dobson Executive Director FINEX Global Willis Limited The Willis Building 51 Lime Street London, EC3M 7DQ I I INSURANCE --American Appraisal can include clients as additional insureds on its CGL and Auto Liability policies. Our carrier does not allow us to incorporate indemnity/hold harmless agreements on the additional insured endorsement. Also, we typically do not provide a copy of our policies, rather, we provide a certificate of insurance. INDEMNIFICATION --American Appraisal will indemnify clients for any damage that is caused by its negligence. In general, we cannot indemnify over our client's own negligence, nor do we typically take on a separate obligation to defend allegations before our negligence is established. Also, absent any legal prohibition, we typically seek a limited return indemnity from our clients. SERVICE RELATED TERMS --To address certain service related concepts, we would seek to include our remaining normal operational terms and conditions. Leading I Thinking I Performing fo American Appraisal it h Exhibit F PRICE PROPOSAL SHEET Inventory and Valuation Services RFP Proposers must include the Price Proposal Sheet with their submittal. Failure to do so will render your proposal non-responsive and will be rejected from further consideration. Year I Year 2 Year 3 Year 4 YearS TOTALS PRICE PROPOSAL SHEET 4 Annual Amount t=)\\oOD ':sjLOD 'S,00D LQ,OOO BID OPENING REPORT Bids were opened on: Wednesday, July 11, 2012 aftc.': 2:00 p.m. For: INVENTORY AND VALUATION SERVICES CONTRACTORS: BID AMOUNTS: 1. AAE CONSULTING GROUP $63,000.0015 years 2. AMERICAN APPRAISAL ASSOCIATES, INC. ___ ~2~,599.0015 years 3. ASSETWORKS, INC. non responsive 4. CBIZ VALUATION GROUP LLC. .-$36,000.00/5 years -- - ._.~w ---. . ----- ---~-.-~-~ -----.- .- THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED, THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY ~A REVI~WED. ., City Clerk's Sign:_-;rW-lrM-,uf<c,' ,,-_,_. __ ~ ___ w;'.:~?<-~-='"---w;, •. ss: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V, PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of Ihe Miami Daily Business Review f/kJa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published al Miami In Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In Ihe matter of CITY OF SOUTH MIAMI -REQUEST FOR PROPOSAL INVENTORY AND VALUATION SERVICES in the XXXX Court. was published in said newspaper in the Issues of 06/14/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at Ihe post office in Miami In said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose ~~:p: ~ pobUoatioo 'oth, >aid Sworn to and subscribed before me this I (SEAL) V. PEREZ personally known to me ,.......... B THOMA~ ~~\~~t~ . .. ~ :.i '.; Commission # DO 937532 \~. -Expires Novembor 2. 2013 "l,f, :,,' Boooed Thru 1((.1 rtnflln~vr<J;iI:e 000.385·1019 Member Name City of South Miami Bid Number RFP-0-1-2012/SK Inventory and Valuation Bid Name Services RFP 3 Document(s) found for this bid 3 Planholder(s) found. 376 Suppliers were Notified Supplier Name Address 1 AssetWorks, Inc. 4955 Steubenville Pike Bolton Partners, Inc 100 Light Street Specialty Property 300 South Pointe Drive Appraisals, LLC #2302 Address 2 Suite 401 9th Floor City State Zip Phone Fax Pittsburgh PA 15001 4128090389 4122911945 Baltimore MD 21202 4105470500 4106851924 Miami Beach FL 33139 3057938209 3056750542 City of South Miami REQUEST FOR PROPOSAL Inventory and Valuation Services The City of South Miami, Florida, hereinafter referred to as City, will receive sealed proposals. The submittal, consisting of one (I) original unbound proposal (clearly identify the original). ten (10) additional copies and one (I) digital copy (CD or Flash Drive) shall be enclosed in a sealed envelope or container and shall have RFP Inventory and Valuation Services and the name of the respondent clearly written on the exterior. All proposals must be received by the Office of the City Clerk, South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. Sealed Proposals must be received by the City Clerk, either by mail or hand delivery, no later than 2 PM local time on Wednesday. luly I I. 2012. A public opening will take place at lOAM. in the City Commission Chambers located at City Hall on the same date. Any Proposals received after lOAM. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Bidders. The Project is generally described as: The purpose of this Request for Purposal ("RFP") is to solicit PROPOSALs to provide Inventory and Valuation Services to conform to the requirements of GASB 34 as it pertains to reporting requirements and depreciation over a five-year period. The scope of work for this project is include in this RFP and specifies responsibilities of the proposer and the City. A Non-Mandatory Pre-PROPOSAL Meeting will be held at 10 A.M. local time on Thursday June 28, 2012 at the South Miami City Hall Commission Chambers, 6130 Sunset Drive, South Miami FI 33143. The Pre-PROPOSAL Meeting shall be held regardless of weather conditions. Any requests for additional information or clarification should be submitted in writing by 2:00 PM. local time on Monday. luly 9. 2012 to the attention of Steven Kulick, C.P.M. Purchasing Manager at skulick@southmiamifl.gov or via facsimile at (305) 667-7806. Proposals are subject to the attached Standard Terms and Conditions contained in the complete bid package. Interested Bidders who wish to bid on this RFP can obtain the complete bid package at City's website at cityofsouthmiamLnetlindex.php?src=gendocs&ref=BidPosting20 I O&category=RFPs-and-Bids or at the City Clerk's office Monday through Friday from 9:00 AM. to 4:00 P.M. The City of South Miami reserves the right to award the bid to the lowest, most responsive, responsible bidder, as determined by the City Commission, subject to the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of the City to award bid and contract to bidders other than the low bidder. Maria M. Menendez, CMC South Miami City Clerk TABLE OF CONTENTS SCOPE OF SERViCES •............•...•.•.•...•.••...•.•....•.•.....•...•....•.•....•....•.••..•.•...•..•.•........••.•.•..•..•••••........••.•.....•......••..... 2 SUBMISSION REQUIREMENTS ...•....•..•.•........•••.•....•....•••••....•...•....•..•...•••.•.•...........••.........•...•..••.•.••..•......•..•.•••.•. 13 EVALUATION AND SELECTION OF CONTRACTOR .....•.....•....•....•..•.......•.....••.•..•..•.•.........•........•.•.•.••••••........ 16 PROPOSAL SUBMITTAL FORM .....•..•..•.•.....•....•......•..•.•....•.•...•....•....•....••.••..•..•.•..••.•.......•...•.•...•.•.•.••.....•.•..•.•.•.• 17 EXHIBIT #1 INVENTORY AND VALUATION SERVICES AGREEMENT ..•........•......•...•..•........•.....••...•••.....•......•. 18 EXHIBIT 2: "FIXED ASSET INVENTORY AND RECONCILIATION REPORT." .•......••.•.......•..•....••••••.•.•.•....•..•.•. 27 ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST .•.••......•••.......•.•.•.••.••••....•.••.•..•.• 28 ATTACHMENT #2 DRUG FREE WORKPLACE •..••..•.....••.•.•...•.•....••.•.•..•..•...•..•..•.••.•.•..•..•.••.••.•...••......•....••....... 31 ATTACHMENT #3 No CONFLICT OF INTEREST/NoN-COLLUSION CERTIFICATION •.•..•.....••..•.•.•....•.•..... 32 SCOPE OF SERVICES Inventory and Valuation Services RFP The City of South Miami wishes to engage a firm for a five (5) year agreement for the proposes of providing inventory and valuation services to conform to the requirements of GASB 34 as it pertains to reporting requirements and depreciation. The appraisal reports and services are to consist of on-site consultation, data collection, inventory, valuation, and cost analysis of the fixed assets of the City of South Miami for the purpose of preparing a tabulated schedule of fixed assets including a depreciation study related to actual or estimated year of acquisition and acquisition cost. In addition, an opinion of the current insurance values of the buildings and equipment will be provided. The fixed assets to be identified and recorded will include, but not limited to land, buildings/structures, fixed and movable equipment. The property locations are located at various sites as identified by the City and, are referenced to in Exhibit #2 "Fixed Asset Inventory and Reconciliation Report." Description of Fixed Assets The identified fixed assets are located at various sites identified by the City in the Property Schedule, referenced in Exhibit #2, "Fixed Asset Inventory and Reconciliation Report." The following asset classifications will be included in the scope: I. Land at $1 and above 2. Land improvements at $25,000 and above 3. Buildings at $50,000 and above 4. Machinery and equipment, to include vehicles, at the threshold of $5.000 for GASB 34 purposes 5. Infrastructure at $250,000 and above 6. Intangible assets: $25,000 and above; 3 years life expectancy and above. Assets not identified above are excluded from the Scope of Services. INVENTORY AND APPRAISAL PROVISIONS The data compiled by the Company will be developed by physical inspection, inventory and cost analysis of all applicable assets. Machinery and Equipment The Company will inspect the City's locations identified in Exhibit #2, "Fixed Asset Inventory and Reconciliation Report", and included into the Property Schedule, to inventory machinery and equipment with a unit cost over $5,000 and apply a barcode tag for 2 GASB 34 purposes. The Company will also list and tag assets at $1,000 and above for property control purposes. Buildings/Structures Buildings/structures in the City will be valued as a unit-in-place for cost accounting and insurance valuation purposes reflecting specific data elements relating to dates of construction or acquisition, original cost allocation, square footage, useful life, and reproduction cost new. Building component classifications will be comprised of General Construction, Plumbing, Heating/Air ConditioninglVentilating, Electrical, Sprinkler System, Roofing and Fixed Equipment allocations. The Company will identify and quantify construction and measure and photograph the buildings. Land Improvements The Company will inspect and record data regarding the nature of land improvements which will consist of; lighting, fencing, flagpoles, signs, parking lots, sidewalks, curbs, retaining walls, etc. I nfrastructu re The Company will compile data to provide data, as provided by the City, related to infrastructure assets including asset classes, quantitative measures, descriptions, location, historical costs and date of acquisitions. Deliverables Each fiscal year and through the term of this five (5) year agreement, the Company will secure all the requested information to perform the appraisal and provide a final report within six (6) weeks from the start date and the start date cannot be any later than November I st of each fiscal year. The City's fiscal year runs from October I st to September 30th • The City will provide access and cooperate with the Company to enable the Company to secure the required information in a timely manner. The final report will be due by no later than December 15 th each fiscal year. The Company will be provided one (I) final printed report, one (I) final excel file, and one (I) final pdf digital copy. Only the City is the intended user of the final report. The City, upon receipt of the final report from the Company, may at its discretion disclose the report to its auditors, insurance agent/carrier or financial advisors. 3 PRICE PROPOSAL SHEET Inventory and Valuation Services RFP Proposers must include the Price Proposal Sheet with their submittal. Failure to do so will render your proposal non-responsive and will be rejected from further consideration. Year I Year 2 Year 3 Year 4 Year 5 TOTALS PRICE PROPOSAL SHEET 4 Annual Amount GENERAL CONDITIONS & INFORMATION Inventory and Valuation Services RFP I . Submission of Request for Proposals Firms shall submit one (I) original unbound proposal, ten (10) additional copies and one (I) digital CD copy. Request for Proposals must be in conformance with the detailed submittal instructions and must be delivered by mail or courier personal delivery by Wednesday. luly I I. 2012. at 2:00 PM, shall be enclosed in a sealed envelope or container and shall have Inventory and Valuation Services RFP, and the name of the respondent clearly written on the exterior. No faxed or email RFP responses will be accepted. RFP's may be submitted in person or by mail to the following address: Office of City Clerk South Miami City Hall 6130 Sunset Drive South Miami, FL 33143 Upon submission, all documents become the property of the City of South Miami and are subject to public records laws. 2. Rules. Regulations. Laws. Ordinances. & Licenses The awarded firm shall observe and obey all laws, ordinances, rules, and regulations of the federal, state, and local municipality, which may be applicable to the service being provided. The firm shall have or be responsible for obtaining all necessary permits or licenses required in order to provide this service. 3. Requests for Additional Information or Questions Any requests for additional information or clarification should be submitted in writing by 2:00 PM local time on Monday luly 9. 2012 to the attention of Steven Kulick, C.P.M. Purchasing Manager at skulick@southmiamifl.gov or via facsimile at (305) 667-7806. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. If any addendums are issued to this RFP, the City will notify all prospective firms via the City's website. 4. Lobbying All firms and their agents who intend to submit, or who have submitted, bids or responses for the Inventory and Valuation Services RFP are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioners, members of the Evaluation Selection Committee, nor any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Inventory and Valuation Services RFP. 5 5. Cone of Silence: All firms and their agents shall comply with the "Cone of Silence" prohibitions contained in the Miami-Dade County's Cone of Silence Ordinance Part III, chapter 2, article I, section 2-1 1.1 (t)(a). Contact should only be made through regularly scheduled Commission meetings, Evaluation Selection Committee meetings scheduled for interviews and/or negotiations, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 6. Reserves the Right The City anticipates awarding one or more contract(s) for services as a result of this Request for Proposals. The City, however, reserves the right to reject any and all submitted Proposals and to further define or limit the scope of the award. The City reserves the right to request additional information from Firms as deemed necessary. Notice is also given of the possibility that an award may be made without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposals be completed in all respects. The City reserves the right to negotiate modifications to Proposals that it deems acceptable, reject any and all RFP in its sole discretion, and to waive any irregularities in the response to the RFP or in the procedures. 7. Contract Cancellation The resulting contract may be canceled at any time by the City of South Miami for any reason, upon a sixty (60) day written cancellation notice. 8. Ownership of Preliminary and Final Records All preliminary and final documentation and records shall become and remain the sole property of the City. The awarded firm shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies to the City. In the event of termination of the agreement, the proposing firm shall cease work and deliver to the City all documents (including reports and all other data and material prepared or obtained by the awarded firm in connection with the Inventory and Valuation Services RFP, as well as all documents bearing the professional seal of the firm. The City shall, upon delivery of the aforesaid documents, pay the firm and the firm shall accept as full payment for its services there under, a sum of money equal to the percentage of the work done by the firm and accepted as satisfactory to the City. The Firm shall warrant and certify that it has the right to use, and the right to license the City to use, all copyrighted material that is developed for or used in the Work to be performed and the contract with the selected Firm shall contain a provision granting the City the right to used such copyrighted material, or at the City's option assigned to the City, so long as it is needed to complete the project. 6 9. Indemnification The proposing firm shall indemnify and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the proposing firm and any person employed or utilized by proposing firm in the performance of this contract. 10. Equal Employment In accordance with Federal, State and Local law, the proposing firm will not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The proposing firm will be required to comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. I I. Insurance Without limiting its liability, the proposing firm shall be required to procure and maintain, at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami for, Inventory and Valuation Services whether such execution by the firm or by any sub-consultant or subcontractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The firm shall not commence WORK on this Agreement until the firm has obtained all insurance required by the City. The firm shall indemnify and save the City harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of its own negligence as well as the negligence of its agents, representatives, employees, subcontractor, or assigns, incident to, arising out of or resulting from the performance of the firm services under the proposed Agreement. The firm shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the City's attorney fees and expenses in the defense of any action in law or equity brought against the City arising from the negligenceof the firm, its agents, representatives, employees, subcontractor, or assigns, incident to, arising out of or resulting from the performance of the proposed Agreement. The firm agrees and recognizes that the City shall not be held liable or responSible for any claims, including the costs and expenses of defending such claims which may result from or arise out of any acts or omissions of the firm, its agents, representatives, employees, subcontractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the firm, the City in no way assumes or shares responsibility or liability of the firm, Sub- Contractors, their agents or assigns. The firm shall maintain during the term of this Agreement the following insurance: 7 A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the firm shall become legally obligated to pay as damages for claims arising out of the services or work performed by the firm its agents, representatives, Sub-Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the firm may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance $25,000 per person; • Property Damage: $50,000.00 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $2,000,000 per claim. The City must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. City must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non-payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the City. The firm must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies except for Section lOA shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. 8 F. All of the above insurance required to be provided by the firm is to be placed with BEST rated A-8 (A-VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The firm shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the firm has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the firm of his liability and obligations under this Section or under any other portion of this Agreement. Firm agrees to supply copies of certificates of insurance to the City verifying the above-mentioned insurance coverage. Firm agrees to list City as an Additional Insured of the firm General liability insurance and shall provide the City quarterly reports concerning any and all claims. 12. Opening of Request for Proposals Request for Proposals will be opened and evaluated after the final date and time set for receipt. The City may request proposing firm(s) considered for award to make an oral presentation to a selection board or to submit additional data. 13. Rejection of Proposals The City reserves the right to reject any and all Request for Proposals. It also reserves the right to waive any minor irregularities in connection with Request for Proposals. 14. Acceptance of Proposal Within thirty (30) days after the final submission date for Request for Proposals, the City will act upon them. The Successful Firm will be requested to enter into negotiations to produce a contract for Inventory and Valuation Services. The City reserves the right to terminate negotiations in the event it deems progress towards a contract to be insufficient. I S. Applicable Law All applicable laws and regulations of the state of Florida and ordinances and regulations of the City of South Miami will apply to any resulting agreement and venue for any action arising out of any agreement shall be in Miami-Dade County, Florida and such right shall remain solely with the City. 9 16. Qualification of Proposing Firm Request for Proposals will be considered from firms normally engaged in providing the services requested. The proposing Firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject any response to Request for Proposals where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 17. Designated Contact The awarded firm shall designate, in writing, a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone or in person, and shall be knowledgeable of the terms of the contract. All contact persons shall have sufficient command of the English language so as to accurately communicate verbally and in writing. 18. Deviations from Specifications The awarded Firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Request for Proposal. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 19. Precedence of Conditions The proposing Firm, by virtue of submitting a proposal, agrees that City's general provisions, terms and conditions, as set forth in this RFP and including the proposed contract documents, subject to change by mutual agreement in writing, will take precedence over any terms and conditions submitted with the proposal, either appearing separately or included. Any conflict between the provisions, terms and conditions of this RFP and the Firm's proposal shall be resolved in favor of this RFP. All proposals shall be presumed to include all the provisions, terms and conditions of this RFP unless the City specifically waives those provisions, terms and conditions in a writing signed by the City Manager. 20. Proposal Withdrawal After responses to the Request for Proposals are opened, corrections or modifications to Proposals are not permitted, but the proposing firm may be permitted to withdraw an erroneous proposal prior to the award of the contract by the City Commission, if the following is established: 10 19.1 the proposing firm acted in good faith in submitting the proposal; and 19.2 the error was not the result of gross negligence or willful inattention on the part of the firm; and 19.3 the error was discovered and communicated to the City within twenty-four (24) hours of proposal opening, along with a request for permission to withdraw the proposal; and 19.4 the firm submits documentation and an explanation of how the proposal error was made. 21. Public Entity Crimes A person or affiliate who has been placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a proposal on a contract to provide any services to a public entity, may not submit Request for Qualifications on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 22. Contingent Fees Prohibited The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the CITY, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 23. Inventory and Valuation Programs Records All records in any manner whatsoever assigned to the City of South Miami, or any designated portion thereof which are in the possession of the proposing firm or proposing firm's subcontractors, or consultants, shall be made available, upon request by the CITY, for inspection and copying upon written request of the CITY. Additionally, said records shall be made available, upon request by the CITY, to any state, federal or other regulatory authorities and any such authority may review the same. Said records include, but are not limited to, all submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings. Said records expressly include those documents reflecting the time expended by the proposing firm and its personnel in performing the obligations of this Contract and the records of expenses incurred by the proposing firm in its performance under said contract. 11 24. Auditable Records The proposing firm shall maintain auditable records concerning the procurement adequate to account for all receipts and expenditures, and to document compliance with the specifications. These records shall be kept in accordance with generally accepted accounting principles, and the City reserves the right to determine record-keeping method in the event of non-conformity. These records shall be maintained for five (5) years after final payment has been made and shall be readily available to City personnel with reasonable notice, and to other persons in accordance with the Florida Public Disclosure Statutes. All preliminary and final documentation and records shall become and remain the sole property of the City. The Company shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies to the City. In the event of termination of the agreement, the proposing Company shall cease work and deliver to the City all documents (including reports and all other data and material prepared or obtained by the Company in connection with the City of South Miami Inventory and Valuations Services RFP, as well as all documents bearing the professional seal of the Company. The City shall, upon delivery of the aforesaid documents, pay the Company and the Company shall accept as full payment for its services there under, a sum of money equal to the percentage of the work done by the Company and accepted as satisfactory to the City. The Company warrants and certifies that it has the right to use, and the right to license the City to use, all copyrighted material that is developed for or used in the Work to be performed and hereby grants to the City the right to used such copyrighted material, or at the City's option, the Company shall assign to the City such material, so long as it is needed to complete the inventory and valuation services. 25. Unauthorized Aliens The employment of unauthorized aliens by any firm is considered a violation of Federal Law. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this RFP. This applies to any sub-contractors used by the firm as well. 26. Waiver Failure of the City to take any action with respect to any breach of any term, covenant, provision or condition contained in the agreement, or any instance of default there under by the awarded firm shall not be deemed to be a waiver of such term, covenant, provision or condition nor shall it be deemed to be waiver of any future default. 27. Attorney's Fees: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. 12 SUBMISSION REQUIREMENTS Inventory and Valuation Services RFP It is imperative that the information submitted is precise, clear, and complete. All submittals must be presented one (I) original unbound proposal, ten (10) additional copies and one (I) digital Flash Drive or CD copy, an 8 112" x I I ", tabbed for the following format (submittals not conforming to this format may be disqualified from further consideration). Request for Qualifications should include the requirements listed below. Submittals submitted without meeting ALL the requirements may be considered non-responsive. I. Format Sections and subsections should correspond in sequence with those identified below. All additional information that the Consultant believes is unique to a section and does not fit the established outline may be included at the end of each section under a subheading "Additional Information." The following information shall be provided in the order detailed: failure to provide anyone part of this section without appropriate explanation may result in disqualification of proposal. a. Title Page -List the RFP subject, the name of the firm, address, telephone number, email address, contact person and date. b. Table of contents -Include a clear identification of the material included in the submittal by page number. c. Letter of Interest --Limit two (2) pages. Make a positive commitment to perform the required work within a specified timeline, acknowledgement of receipt of addenda. Give the name(s) of the person(s) who will be authorized to make representation for the firm, their title, phone number and email address. d. Qualifications and Experience I. Provide a brief discussion of the firm's understanding and approach to the work described herein. 2. A resume of the individual(s) who will work on City matters and a statement identifying the individual(s) who will attend meetings and have primary responsibility for City matters and whether the individual(s) represents other municipalities. 3. A list of any individual(s) or firm with whom the Respondent has a contractual relationship or other business affiliation. 13 4. A disclosure of the following: (a) any relationships between the individual(s) of the firm and any Commission member, his/her spouse, or family: (b) any relationship between any individual(s) of the firm and any business or entity owned by a Commission member or their family or in which a Commission member or their family has or had an interest; (c) any other information concerning any relationships between the individual(s) of the firm and any Commission member which the Respondent deems might be relevant to the Commission's consideration; (d) such other governmental or quasi- governmental entities which are represented by the individual(s)/firm, and the nature of the representation in such matters; and (e) a "conflict list" if the same is maintained by the individual(s) or the firm. 5. Three (3) contracts the individual(s)/firm performed involving services similar to those detailed herein. The schedule of the work, cost of the work and scope of work for each such contract. 6. Three (3) references. 7. Resumes for each of the firm's staff who will be performing any of the work. e. Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on Attachment # I "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. f. Neither the individual(s)/firm, nor any of his/her/its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the City, and shall agree not to undertake any other private representation which might create a conflict of interest with the City. The individual(s)/firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. g. All proposals received will be considered public records. The City will consider all proposals using such criteria as the Commission and/or City Manager may adopt at their sole discretion. The individual(s)/firm selected will be required to enter into a formal agreement with the City in a form satisfactory to the City, prior to the execution of which the City shall reserve all rights, including the right to change its selection. The contract shall include the terms and conditions set forth in the attached form of contract, subject to change with the written approval of both the proposer and the City Manager. h. Respondent's Attachment # 2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. 14 i. Respondent's Attachment # 3 "No Conflict of Interest/Non Collusion Affidavit," shall be completed and provided with the proposal submittal. j. Price Proposal Sheet -All proposals shall include a Price Proposal Sheet with their submittal. 15 EVALUATION AND SELECTION OF CONTRACTOR Inventory and Valuation Services RFP EVALUATION CRITERIA Proposals will be evaluated by an Evaluation/Selection Committee which will evaluate and rank proposals on criteria listed below. The criteria are itemized with their respective weights for a maximum total of one hundred (100) points per Evaluation/Selection Committee member. Proposer's experience, qualifications, and past performance related to the performing inventory and valuation services of a similar nature. Points 30 Relevant experience and qualifications of key personnel, including key personnel of any subcontractors, that will be assigned to this project, and experience and qualifications of subcontractors Points 20 Proposer's development plan, time frame, operation plan, number of qualified staff to be assigned to the project Points 10 Proposed Annual and Contract term fee Points 40 16 PROPOSAL SUBMITTAL FORM Inventory and Valuation Services RFP This checklist indicates the forms and documents required to be submitted for this Request for Proposal (RFP) to be presented by the deadline set for within the RFP. Please check off and submit documents in the order listed below. Fulfillment of all proposal requirements listed is mandatory for consideration of proposals. The proposal shall include the following items: Attachments: Bidder Qualification Statement --- Non-Collusion Affidavit --- Public Entity Crimes and Conflicts of Interest --- Drug Free Workplace --- Acknowledgement of Conformance with OSHA Standards --- List of Proposed Subcontractors and Principal Suppliers --- Indemnification and Insurance Documents --- Price Proposal Sheet --- Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. 17 EXHIBIT#I INVENTORY AND VALUATION SERVICES AGREEMENT Inventory and Valuation Services RFP THIS AGREEMENT is made between , a Florida corporation, ("Company") and the City of South Miami, a Florida municipal corporation, ("City"), on this _ day of, , 2012. WHEREAS, the City desires to contract with a Company to perform inventory and valuations services to conform to the requirements of GASB 34 as it pertains to reporting requirements and depreciation. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, and, at the City's option, contingent upon the completion and submittal of all required bid documents, the parties agree as follows: SCOPE OF SERVICES: The Company shall provide the services set forth in its response to the City's RFP in addition to any other services that are set forth in this Agreement. The RFP and the Response to RFP are, both attached and made a part of this agreement. If there is any conflict between the terms of this Agreement, the RFP and the Response to RFP, the conflict shall be resolved in the following order of precedence: First, this Agreement, Second, the RFP and Third the Response to RFP. These documents, and all attachments and exhibits to these documents shall, hereinafter, be referred to as the Contract Documents. The Company shall provide the following inventory and valuation services and reports in conformity with the requirements of GASB 34 as it pertains to reporting requirements and depreciation during the term of this agreement: . Appraisal Reports and Services: The appraisal reports and services shall consist of on-site consultation, data collection, inventory, valuation, and cost analysis of the fixed assets of the City of South Miami for the purpose of preparing a tabulated schedule of fixed assets including a depreciation study related to actual or estimated year of acquisition and acquisition cost. In addition, the report shall include an opinion of the current insurance values of the buildings and equipment will be provided. Fixed Assets: The Company shall identify and record all fixed assests. The fixed assets to be identified and recorded shall include selected buildings/structures, fixed and movable equipment. The property locations are located at various sites as identified by the City and, are referenced to the Property Schedule provided which is included in Exhibit #2, "Fixed Asset Inventory and Reconciliation Report." 18 Description of Fixed Assets The identified fixed assets are located at various sites identified by the City in Exhibit #2, "Fixed Asset Inventory and Reconciliation Report." The following asset classifications are included in the scope: I. Land at $1 and above 2. Land improvements at $25,000 and above 3. Buildings at $50,000 and above 4. Machinery and equipment, to include vehicles, at the threshold of $5,000 for GASB 34 purposes 5. Infrastructure at $250,000 and above 6. Intangible assets: $25,000 and above; 3 years life expectancy and above. Assets not identified above are excluded from the Scope of Services. INVENTORY AND APPRAISAL: The Company shall provide the City with an inventory and appraisal report of all property, real, personal and mixed, and the report shall include a schedule of the property ("Property Schedule")The data compiled by the Company will be developed by physical inspection, inventory and cost analysis of all applicable assets. The report shall include the following: Machinery and Equipment The Company shall inspect the City's locations identified as Exhibit #2, "Fixed Asset Inventory and Reconciliation Report." and include all machinery and equipment found at those location in the Property Schedule. The Company shall inventory machinery and equipment with a unit cost over $5,000 and apply a barcode tag for GASB 34 purposes to each such item and record the barcode in the Property Schedule opposite the description of the property The Company shall also list and tag assets at $1,000 and above for property control purposes. Buildings/Structures Buildings/structures in the City will be reported and valued as a unit-in-place for cost accounting and insurance valuation purposes and the report shall reflect specific data elements including the dates of construction or acquisition, original cost allocation, square footage, useful life, and reproduction cost new.,building component classifications whichshall include General Construction, Plumbing, Heating/Air ConditioningNentilating, Electrical, Sprinkler System, Roofing and Fixed Equipment value allocations. The report shall identify and quantify the structures and measure and photograph the buildings. Land Improvements The Company shall inspect, and the report shall include, all relevant data regarding the nature of land improvements including the lighting, fencing, flagpoles, signs, parking lots, sidewalks, curbs, retaining walls, etc. Infrastructure The Company shall compile nd provide data in the report, as provided by the City, related to infrastructure assets including asset classes, quantitative measures, descriptions, location, historical costs and date of acquisitions. 19 Deliverables Each fiscal year and through the term of this five (5) year agreement, the Company shall secure all the requested information to perform the appraisal and provide an annual final report within six (6) weeks from the start date and the start date cannot be any later than November I st of each fiscal year. The City's fiscal year runs from October I st to September 30 th • The City will provide access and cooperate with the Company to enable the Company to secure the required information in a timely manner. The final report will be due by no later than December 15 th of each fiscal year. The City will be provided one (I) final printed report, one (I) final excel file, and one (I) final pdf digital copy. Only the City is the intended user of the final report. The City, upon receipt of the final report from the Company, may at its discretion disclose the report to its auditors, insurance agent/carrier or financial advisors. TERMS AND CONDITIONS: The terms and conditions of this agreement shall include those terms and conditions found in the RFP as well as the following: TERM: The term of this contract is five (5) years and shall commence on the first calendar day of the month immediately subsequent to the notice of award. The first annual report shall be due on no later than December IS, 2012. PERSONNEL: All personnel fulfilling the terms of this Agreement, shall be employed solely by the Company and be employees of the Company. Company agrees to pay the following for Company employees: Wages Income tax withholdings Social security withholdings State unemployment insurance Federal unemployment insurance Workmen's compensation insurance Company shall train personnel. Personnel not performing up to the standards of the City will be replaced by the Company immediately. INSURANCE and INDEMNIFICATION: The Company shall maintain and keep in full force and affect the coverage as set forth in the City's standard insurance requirements: Without limiting its liability, the Company shall procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the Company, from claims which may arise out of or result from the proposing Company's execution of a contract with the City of South Miami 20 for Inventory and Valuation Services, whether such execution by the Company or by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The Company shall not commence WORK on this Agreement until the Company has obtained all insurance required by the City and supplied the City with evidence of such coverage to the satisfaction of the City. The Company shall indemnify and save the City harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of negligence of the Company, its agents, representatives, employees, independent contractors, or assigns, incident to, arising out of or resulting from the performance of the Company's services under this Agreement. The Company shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the attorney's fees and expenses in the defense of any action in law or equity brought against the City arising out of the negligence of the Company, its agents, representatives, employees, independent contractors, or assigns, incident to, arising out of or resulting from the performance of the Company's services under this Agreement. The Company agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Company, its agents, representatives, employees, independent contractors, or assigns. In reviewing, approving or rejecting any submissions or acts of the Company, the City in no way assumes or shares responsibility or liability of the Company, , its representatives, employees, independent contractors agents or assigns. The Company shall maintain during the term of this Agreement the following insurance: D. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the Company shall become legally obligated to pay as damages for claims arising out of the services or work performed by the Company its agents, servants, employees, representatives, independent contractors or assigns in connection with this Agreement. This insurance shall be maintained for four years after completion of the services and acceptance of any work covered by this Agreement. However, the Company may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified herein, which is also acceptable. E. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined Single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance $25,000 per person; 21 • Property Damage: $50,000.00 each occurrence; • Automobile Liability: $1 ,000,000 each accident/occurrence. F. Umbrella Commercial General Lia~ility insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $2,000,000 per claim. The City must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. City must receive 30 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non-payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the City. The Company must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. E. The policies, with the exception of the insurance described in Section lOA shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. G. All of the above insurance required to be provided by the Company is to be placed with BEST rated A-8 (A-VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The Company shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the Company has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the Company of his liability and obligations under this Section or under any other portion of this Agreement. Company agrees to supply copies of certificates of insurance to the City verifying the above-mentioned insurance coverage. Company agrees to list City as an Additional Insured of the Company's General liability insurance and shall provide the City quarterly reports concerning any and all claims. 22 TAXES: Company shall be responsible for all payments of federal, state, and/or local taxes related to the Operations, inclusive of sales tax if applicable. DRUG FREE WORKPLACE: The Company shall comply with the Drug Free Workplace policy set forth in attachment # two which is made a part of this agreement by reference. INDEPENDENT CONTRACTOR: Company is an independent entity under this Agreement and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. DUTIES AND RESPONSIBILITIES: Company agrees to provide its services during the term of this Agreement in accordance with all applicable laws, rules, regulations, and health and safety standards, which may be applicable to the service being provided. LICENSES AND CERTIFICATIONS: Company shall secure all necessary business and professional licenses at its sole expense prior to executing the Agreement. TERMINATION: The City shall have the right to terminate this Agreement with or without cause upon sixty (60) days written notice to Company. Upon termination, the City shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination. The City may, at its sole option, terminate this agreement immediately if it discovers that the Company made any misrepresentation in any of its responses to the City's City's request for proposals ("RFP"). ENTIRE AGREEMENT, MODIFICATION, and BINDING EFFECT: This Agreement constitutes the entire agreement of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the City and Company and to their respective heirs, successors and assigns. CUMULATIVE REMEDIES: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Company by the Contract Documents and the rights and remedies available to the City hereunder, 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. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. CLAIM PERIOD: Should the City or the Company 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 twenty one (21) days of the first observance of such injury or damage. The parties hereby agree that any claim that is not timely made in accordance with this paragraph is waived by the party failing to timely make the claim. JURY TRIAL: City and Company knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings with respect to any 23 action or cause of action arising out of the Contract Documents or the performance of the Work thereunder. VALIDITY OF EXECUTED COPIES: This agreement may be executed in several counterparts, each of which may be construed as an original. RULES OF INTERPRETATION: Throughout this agreement the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. SEVERABILITY: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. NON-WAIVER: City and Company agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either party shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this. paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this agreement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. NO DISCRIMINATION and EQUAL EMPLOYMENT: In accordance with Federal, State, County and Local law, the Company shall not discriminate against any employee or applicant for employment or any other person on the basis of race, creed, color, national origin, religion, sex, familial status, ethnicity, sexual orientation, handicap or disability. The Company shall comply with the Americans with Disabilities Act (ADA) during the performance of this contract. :_ Company shall GOVERNING LAWS: This Agreement and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. ATTORNEYS' FEES AND COSTS: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. AUDIT: Upon request and during regular business hours, the Company shall allow the City or its consultant to audit, inspect, and examine, safety and contractual compliance, the Company's records and facility, if any. In an effort to confirm such information, the City may communicate directly with Company's employees and providers of goods and/or services. The Company shall keep complete and accurate books and records of accounts and business operations in accordance with generally accepted accounting principles for a period of three (3) years following termination of this Agreement. 24 UNAUTHORIZED ALlENS:_ The employment of unauthorized aliens by the Company is considered a violation of Federal Law. If the Company knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement . This applies to any independent contractors used by the Company as well. ASSIGNMENT: The Company shall not assign any of its duties, obligations and responsibilities. The Company shall not assign or transfer its rights under this Agreement without the express written consent of the City. The City will not unreasonably withhold and/or delay its consent to the assignment of the Contractor's rights. The City may, in its sole discretion, allow the Company to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction. EFFECTIVE DATE: This Agreement shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. THIRD PARTY BENEFICIARY: It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this Agreement shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. FURTHER ASSURANCES: The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the Agreement. TIME OF ESSENCE: Time is of the essence of this Agreement. INTERPRETATION: This Agreement shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. FORCE MAJEURE: Neither party hereto shall be in default of its failure to perform its obligations under this Agreement if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. NOTICES: Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, certified mail, with return receipt requested, e-mail, facsimile transmission, or other customary electronic means that provides confirmation of delivery, and shall be deemed delivered on the date shown on the delivery confirmation or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. No notice shall be considered valid or enforceable unless there is written or electronic proof of delivery. Notices shall be delivered to the following individuals or entities at the transmission numbers or addresses (including electronic communication addresses) set forth below: 25 To the City of South Miami: Tothe __________ __ City Manager, Hector Mirabile, PhD 6130 Sunset Dr. South Miami, FL 33143 Fax: ----------------------- E-mail: --------------------- With copies by U.S. mail to: City Attorney, Thomas Pepe, Esquire 6130 Sunset Dr. South Miami, FL 33143 Company President Address Fax: ----------------------- E-mail: --------------------- With copies by U.S. mail to: Company Attorney IN WITNESS WHEREOF, the parties have signed this Agreement this _ day of _____ of2012. COMPANY NAME, a Florida corporation By: ____________ _ Signature of Witness _____________ " as its President Name AUTHENTICATION: CITY OF SOUTH MIAMI Signature: __________________ _ Maria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: Signature: City Attorney 26 Signature: _____________________ _ Dr. Hector Mirabile City Manager EXHIBIT 2: "Fixed Asset Inventory and Reconciliation Report." Inventory and Valuation Services RFP Note: Included as a separate pdf document. 27 ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Inventory and Valuation Services RFP 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, Subcontractor, 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 Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. BIDDERS 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 South Miami or it's agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to ------------------------------------[print name of the public entity] by ____________________________________________________ ___ [print individual's name and title] for ____________________________________________________________ _ [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is _________ _ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(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 of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or 28 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133 (1)( e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its 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 I, 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 I, 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 of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] 29 Continuation of Attachment #2 Public Entity Crimes and Confficts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (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. Sworn to and subscribed before me this Personally known or Produced identification (Type of identification) [Signature] day of ,20 ------------ Notary Public -State of --------- My commission expires --------- (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06/11/92) 30 ATTACHMENT #2 DRUG FREE WORKPLACE Inventory and Valuation Services RFP Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Date: -------------------------------- 31 ATTACHMENT #3 No CONFLICT OF INTEREST/NoN-COLLUSION CERTIFICATION Inventory and Valuation Services RFP Submitted this __ day of ___________ '. 20 ___ _ The undersigned. as Bidder/Proposer. declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith. without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted. to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CITY. for the performance of all requirements to which the response/submission pertains. The Bidder/Proposer states that this response is based upon the documents identified by the following number: Bid/RFP The full-names and residences of persons and firms interested in the foregoing bid/proposal. as principals. are as follows: Name Street Address City State Zip The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami. Florida. that. to the best of its knowledge and belief. no Commissioner. Mayor. or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract. job. work or service to which the response/submission pertains. Signature: ---------------------------------- Printed Name: Title: Telephone: Company Name ----------------------------------- 32 Continuation of Attachment #4No Conffia of inter/Non-Collusion Certification NOTARY PUBLIC: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ___ day of _________ " 20 by ________________ (name of person whose signature is being notarized) who is SEAL Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. (Name of Notary Public: Print, Stamp or type as commissioned.) FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 33 ADDENDUM No. I Project Name: Inventory and Valuation Services RFP RFP NO. Not Applicable Date: July9,2012 Sent: FaxlE-maii/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Proposals (RFP) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question #1: In reference to the RFP for Inventory and Valuation Services, it appears that American Appraisal has performed the project in the past (evident from the report header in Exhibit 2). Please provide the contract cost for the last contract period (assumed similar 5 year contract) paid to American Appraisal. Answer The contract cost for the last contract period was $5,800 for a one-year (I) period. Question #2: Also, was the inclusion of the insurance report required in the last contract? Answer Yes, the last contract included The Total Insured Values for each City property. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. THE MIAMI HERALD I MiamiHerald.com """"."._~".~ SE SUNDAY. JULY 29. 2012 I 25SE SOUTH MIAMI Commission meeting gets contentious • BUDGET, FROM 3SE Mirabile said that despite the shuggles with the econo- my, the city was in good fi- nancial health. This year, the city is "very close to coming to break-even" and even have "some little savings." He said he had some concerns for next year. For the first time in the history of South Miami, the police department's cost is greater than the general fund revenues from property taxes, he said. ferred to him, Police Chief Orlando Martinez de Castro and Newman, who are all of Cuban heritage, as the "Cu- ban Mafla." "It is illegal in this country to discriminate on the basis of race, creed, sexual orien- tation or national origin," Mirabile said in the letter. Beckman said she was not discriminating against Mi- rabile and said that she likes Cubans. Stoddard disap- proved of Mirabile's letter and presented a response. In his letter addressed to Mira- bile, he said that his allega- tions of "hate crime" and "conspiracy" were extreme and inaccurate. "Conspiracy means that people are agreeing to com- mit a crime. No one has committed a crime here," Stoddard said. "In a demo- ing this week. Welsh said Newman and Mirabile's accusations lack weight. He has expressed publicly and in one of the flyers he hands out to city residents that he doesn't think Mirabile and Martinez de Castro have the city's best interest at heart. Earlier this month, Welsh called for a special meeting to propose a charter change that would allow voters to change the current form of government. Under the cur- rent city manager form of government, the chief fman- cial officer and the police chief report to the city man- ager. Welsh's proposal would permanently give the commission more power over both offices. "We are the body that hears what the people want,"Welshsaid. "We want to make sure that the city's purchasing is being done properly and is getting a good price." The commission as a whole wasn't convinced. Liebman said commission- ers were not equipped to manager, fIre him for cause, or if not, fire him for no cause," Mirabile said at a meeting. Welsh said he disagreed with Mirabile, and he is de- termined to push for "pro- gressive change." Stoddard is open to the "experiment." "If the commission had agreed to do it, then there would be a proposal that would be put on the Novem- ber ballot," Stoddard ex- plained. "I think there are merits to the idea, so we are supporting a charter review committee." "micromanage" either office 'I ;;;;;;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;;;;:;;:;:; and that he trusted Mirabile I i and Martinez de Castro and that both had proved com- petent. City attorney Thom- as Pepe said the change would violate the police chief's contract. While discussing the bud- get process, Mirabile said that the current form of govern- ment was "crystal transpar- ent" and that changing it would create instability and chaos. "Don't change your char- ter. If you don't trust the city CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday. August 7, 2012, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): Commissioners also rati- fied a budget and finance advisory committee TIles- day. Mirabile was not at the meeting, but in a letter to commissioners, he recom- mended that they disap- prove of Commissioner Walter Harris' appointee to the committee, composed of resident volunteers with ex- pertise in fmance. cratic process, residents can r= -I get together and discuss ide- as, even if they are planning to propose a change in gov- ernment. That's allowed, and it's not a conspiracy." An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Single Family Residential (Two Story) to Mixed Use Commercial Residential (Four-Story) for an area identified as 6443 SW 60 AVE. Folio # 09-4025-010-0050; 6443 SW 59 PL; Folio # 09-4025-010·0320 in conjunction with the Madison Square development project. Harris appointed Yvonne Beckman. Mayor Philip Stoddard appointed Gabriel Edmond. Liebman appoint- ed Scott Fuhrman. Commis- sioner Valerie Newman ap- pointed Bradley Cassel. Their terms end Sept. 30. Mirabile accused Beck- man of being biased against him because of his Cuban heritage. He cited emails where she and others re- Newman was so upset that she shouted at Stod- dard. calling him a "liar." She also said that she was turn- ing in evidence of alleged discrimination to the De- partment of Justice and posting the emails on a new blog she planned on launch- NEIGHBORS CALENDAR • CALENDAR, FROM 24SE 41st St.. Miami Beach. $17. 786-372-9430. www.yogathat.com. Zumba GOLD: Zumba by Fabi. Enjoy a 45 minute fun exercise class with low impact workouts for ACTIVE Seniors. 9:30 a.m. Aug. 4. Edward & Arlene Feller Community Room & Amphi- theater at Ludovici Park. 17641 Old Cutler Rd .. Palmetto Bay. $4 per session. 30S-234-6383. www.palmettobay-fl.gov. Zumba in Cutler Bay: Come and enjoy Zumba dancing and exercising with others in Cutler Bay .. 7 p.m. July 31. Cutler Ridge Park and Pool. 10100 SW 200th St.. Cutler Bay. $S. 386-2SZUMBA. www.zumbawithfabi.com. car2go: A New Way of Getting Around Town: Stop by BARU Urbano Brickell for brunch and learn about car2go, Miami's newest carsharing service. Test drive"the cars, receive free registration and 30 minutes of free driving time. have the chance to win additional prizes. and enjoy free brunch (while supplies last) .. 10 a.m. July 29. Baru Urbano. 1001 S. Miami Ave .. Brickell. Free. miaml.car2go.com. • TURN TO CALENDAR, 26SE ADDITIONAL VPK CLASS NOW OPEN HURRY seats are limited! PRESCHOOL & ELEMENTARY K2-6TH GRADE A new fully digital curriculum for upper grades & smart boards in all classrooms. CALL US TODAY AT 305-238-1833 8900 SW 168TH STREET, PALMETTO BAY, FL 33157 CFACADENY.ORG An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Inst~utional (Four Story) to Religious (Two Story) for an area identified as 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130. An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Institutional (Four Story) to Religious (Two Story) for an area identified as 6750 Sunset Drive (University Christian Church) Folio: 09-4035-000·0010. An Ordinance relating to budget; authorizing an increase of expense line ~em 201.1410.519.7210 Debt Service Fund Interest Expense in the amount of $175.205 from Debt Service Fund Balance. / A Resolution authorizing the City Manager to award a five-year contrac~ to American Appraisal AsSOCiates. Inc. for the inventory of the City's fixed assets to be in compliance with GASB 34 fixed asset accounting standards. A Resolution authorizing the City Manager to award a 3-year contract to the most responsive and responsible bidder for the City's Management of Soccer Programs at South Miami Park RFP. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant 10 Florida Statutes 286.0105, the City hereby advises the public that ita person decides to appeal an), decision made by this Board, Agency or Commission with respect to any matter considered al its meelmgor hearing, he or she will need a record of the proceedings, arnl th at for such purpose, affected person may need to ensure Ihat a verbatim record of the proceedi ngs is made which record includesthelestimonyandevidenceuponwhichtheappealislobebased. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review Ilk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -AUGUST 7,2012 in the XXXX Court, was published in said newspaper in the issues of 07/27/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate . 'on or refund for the purpose of securing' vertisement f publication in the said p r. 27 day of JULY ,A.D. 2012 (SEAL) MARIA MESA personally known to me