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Res No 104-22-15857RESOLUTION NO: 104-22-15857 A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. WHEREAS, the City's current agreement for Performance Based Audits expired therefore, the Procurement Division issued a Request for Proposals on May 31, 2022 for Performance Based Audits; and WHEREAS, the solicitation will provide the City with a consultant to provide Performance Audits for each City Department in accordance with the City Charter requirement. Pursuant to Section 4(F) of the City Charter, (as amended in 2000), the City of South Miami and certain divisions will conduct a performance-based audit of each City department; and WHEREAS, two proposals were received and a Selection Committee, comprised of Alfredo Rivero!, Chief Financial Officer and Chairperson of the Committee, Samantha Fraga-Lopez, Assistant City Manager, and Quentin Pough, Parks and Recreation Director, reviewed each proposal on July 21, 2022, and the Selection Committee scored and ranked the respondents after completion of the Selection Committee's review of proposals; the results are as follows: RESPONDENT TOTAL SCORE MANAGEMENT PARTNERS 283 MARCUM 249 AVERAGE RANK 1 2 WHEREAS, based on the Scoring and Average Rank Score the Selection Committee is unanimously recommending Management Partners, Inc., the incumbent, for the five- year award; and WHEREAS, the five -year proposed cost summary for each Respondent is provided below: RESPONDENT 5 -YEAR TOT AL MANAGEMENT PARTNERS: $198,500 MARCUM $277,266 WHEREAS, the expenditure shall be not exceed $32,900 for FY 2023 and charged to Contractual Services, account number 001-1310-513-3450, which has an anticipated balance of $260,000 before this request was made. Page 1 of 2 Res. No. 104-22-15857 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City Manager is authorized to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter, Section 4(F) and charged to account 001-1310-513-3450. A copy of the five-year agreement is attached. Section 3. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section 5. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 16th day of August, 2022 ATTEST: APPROVED: COMMISSION VOTE : 5-0 READ AND APPROVED AS TO FORM, LANG ____,.-,.._ UTION Mayor Philips: Yea EXE U Commissioner Harris: Yea Commissioner Liebman : Yea Cl Commissioner Gil: Yea Commissioner Corey: Yea Page 2 of 2 Agenda Item No:9. City Commission Agenda Item Report Meeting Date: August 16, 2022 Submitted by: Steven Kulick Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. 3/5 (City Manager) Suggested Action: Attachments: CM_Memo_Performance_Based_Audit_7.21.22 (1).pdf Resolution_Performance_Based_Audit.pdf Charter Section 4(F).pdf EXHIBIT 4 & Bid Tabulation Performance Audit 6.29.22.pdf FINAL RFP PERFORMANCE BASED AUDITS 5.31.22 CArev.pdf MANGEMENT PARTNERS Bidding Document.PDF FINAL Scores and Rank RFP FN2022-13 7.21.22.pdf DEMAND STAR RFP FN2022-13 6.29.22.pdf DBR AD RFP #FN2022-13.pdf Sun Biz Management Partners.pdf MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 1 TO: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager DATE: August 16, 2022 SUBJECT: A Resolution authorizing the City Manager to enter into a multi- year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. BACKGROUND: The City’s current agreement for Performance Based Audits expired therefore, the Procurement Division issued a Request for Proposals on May 31, 2022 for “Performance Based Audits.” The solicitation will provide the City with a consultant to provide Performance Audits for each City Department in accordance with the City Charter requirement. Pursuant to Section 4(F) of the City Charter, (as amended in 2000), the City of South Miami and certain divisions will conduct a performance-based audit of each City department. These audits are called for in the Charter, specifically, Section 4(F), which requires that “The City Commission shall require a performance-based audit for each department at least once every five years.” Performance Audits focus on “Department Performance” and is defined to include workload measures, outputs, outcomes, and benchmarks either to professional standards, neighboring communities, or historical trends. Two proposals were received: 1. Management Partners, Inc. (Incumbent) 2. Marcum LLP A selection committee, comprised of Alfredo Riverol, Chief Financial Officer and Chairperson of the Committee, Samantha Fraga-Lopez, Assistant City Manager, and Quentin Pough, Parks and Recreation Director, reviewed each proposal on July 21, 2022. The Selection Committee scored and ranked the respondents after completion of the Selection Committee’s review of proposals; the results are as follows: 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 2 RESPONDENT Q. POUGH A. RIVEROL S. FRAGA- LOPEZ AVG RANK MANAGEMENT PARTNERS 1 1 1 1.00 MARCUM 2 2 2 2.00 RESPONDENT Q. POUGH A. RIVEROL S. FRAGA- LOPEZ TOTAL SCORE MANAGEMENT PARTNERS 91 100 92 283 MARCUM 75 90 84 249 Based on the Scoring and Average Rank Score the Selection Committee is unanimously recommending Management Partners, Inc., the incumbent, for the five-year award. The five-year proposed cost summary for each Respondent is provided below: RESPONDENT FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 5-YEAR TOTAL MANAGEMENT PARTNERS $32,900 $49,900 $49,900 $32,900 $32,900 $198,500 MARCUM $48,214 $51,589 $55,200 $59,064 $63,199 $277,266 Management Partners, Inc. has successfully completed performance audits for City Departments over the previous five-year engagement. Their subject matter experts have had careers in local governments which allow them to analyze the feasibility of potential enhancements for each department since they are keenly aware of the unique circumstances of each individual department. After each department audit, Management Partners Inc. provides data-based reports and includes an implementation Action Plan to help ensure the recommendations are implemented. Accordingly, Management Partners, Inc. is recommended for the award. ACCOUNT: The expenditure shall be not exceed $32,900 for FY 2023 and charged to Contractual Services, account number 001-1310-513-3450, which has an anticipated balance of $260,000 before this request was made. ATTACHMENTS: Resolution City Charter, Section 4(F), Page 23 of 40 RFP #FN2022-13 3 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 3 Bid Opening Report Management Partners, Inc. Proposal Selection Committee Final Score and Rankings Demand Star Results DBR Advertisement Sun Biz 4 Management Partners August 29, 2022 City of South Miami Shari Kamali, City Manager We at Management Partners are taking advantage of an incredible opportunity to combine with Baker Tilly US, LLP ("Baker Tilly"), in a deal that is set to close on or about October 1, 2022. This strategic move will help us to provide local governments with even more resources and new ideas for serving communities and we'll do that w ith the same passion and attention you've come to expect. You can learn more about Baker Ti lly at BakerTilly.com . Below are all the details that outline how we smoothly transition our important relationship with you. Among the assets Management Partners will be assig ning to Baker Tilly is our Contr act with City of So uth Miami, referred to as South Miami Performance Based Audits 2022 (along with all rela t ed appl icable addendums, amendments, and exhibits (collecti vely, the "Contract"). This requires your written consent to the assignment of this Contract to Baker Tilly, with the understanding that all of the terms, conditions a nd provisions of th e Contract will continue to be in full force and effect from and after the closing. Plea se help us by signing below to: (a ) consent to Management Partners assig ning its rights, interests and obligations under the Contract to Baker Tilly and to substitute Baker Tilly in lieu of Management Partners under the Contract, effective as of and conditioned upon clos ing. (b) acknowledge the consummation of the transaction will not be deemed a breach of, or default under, any assignment provision or other provision of the Contract and will not cause a termin at ion of, trigger any payment obligation under, or otherwise affect it. After the combination, Baker Tilly w ill assume legal responsibility to perform the work Management Partners contracted to do with you in accordance with your contract, includ in g the scope of work, sched ule, and budget set forth therein. Please return this signed letter via em a il to finance@managementpartners .com at you r earl iest convenience, but in any event no later than September 13, 2022. Please contact Jeri Beckstedt, Administrative Services Manager at jbeckstedt@managementpartners.com or 513-861-5400, if you have questions. Thank you in advance for your cooperation. Jerry Newfarmer Pre sident and CEO 1730 M ADISO N ROAD • CINCINNATI, OH 45206 • 513 8615400 • FAX 513 861 3 48 0 MANAGEMENTPAR T NERS .COM 2107 N ORTH F IRST S TREET, S UITE 4 70 • SAN JOSE, C ALIFORNIA 95131 • 408 437 5400 • FAX 315 8613480 Page 2 ACKNOWLEDGED, AGREED, AND CONSENTED TO on behalf of City of South Miami The City agrees to the assignment provided the Management Partners team will remain the same for this project to the extent that members of the team remain employed by Baker T illy. If there is a resignation or termination of employment of any member of Management Partners team , Baker Tilly will provide a comparable replace ment satisfactory to the City. ATTESTED: 1 e , City Clerk This consent · · oved as to Form , thereof: EXHIBIT 6 CONTRACT Performance Based Audits RFP #FN2022-I 3 THIS CONTRACT, entered into this [!§Jday of I AuguS t I 20IEJ., by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: skamali@southmiamifl .gov and MANAGEMENT PARTNERS. INC .. with an office and principal place of business located at I 730 Madison Road. Cincinnati. OH 45206, and E-mail address of jnewfarmer@managementpartners.com and Facsimile transmission number of 408/437-5400 (hereinafter called the "CONTRACTOR". WITNESS ETH: WHEREAS. the CITY needs PERFORMANCE BASED AUDITS; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required goods and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein . NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: (I) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby retains CONTRACTOR to provide the goods and/or services, all of which is set forth in Scope of Services , as modified by the Contract Documents, (all of which is hereinafter referred to as the Work"). • Respondent's Bid Form, attached as "Exhibit 3 • Respondents Cost & Technical Proposal attached as "Exhibit 4" (2) Contract Documents: The Contract Documents include this Contract and the forgoing documents (in paragraph (I) above) and the following documents, as well as any attachments or exhib its that are made a part of any of the Contract Documents: • Scope of Services, attached as Exhibit I • CITY's Insurance & Indemnification Requirements , attached as Exhibit 2 • Solicitation documents for PERFORMANCE BASED AUDITS RFP #FN2022-13. This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements take precedence over the response to the PERFORMANCE BASED AUDITS RFP #FN2022 -13 including the CONTRACTOR's Bid Form and CONTRACTOR/ Respondent's Cost and Technical Response to the Solicitation . All the forgoing documents referenced in paragraph (I) above, and in this paragraph , are attached hereto and made a part hereof by reference. (3) Date of Commencement: CONTRACTOR must commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). Time is of the essence. (4) Primary Contacts: The Primary Contact Person in charge of admin istering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or their written designee. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows : Name:~ Newfarmer e-mail: jnewfarmer@managementpartners.com; Fax: 408/43 7-5400 Street Address: I 730 Madison Road . Cin cin nati. OH 45206. I of 80 (5) Scope of Services: The goods and/or services to be provided are as set forth in the Scope of Services, attached as "Exhibit I. (6) Compensation: The CONTRACTOR's compensation under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) is as set forth in CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as "Exhibit 4, unless modified in writing signed by the CITY and CONTRACTOR. (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Assistant City Manager, or their written designee. (8) Time Provisions: The term of this Contract commences on the Work Commencement Date and continues for THREE ill Years, with One (I) TWO (2) Year Option-to-Renew, for a term not to exceed FIVE (S) Consecutive Years. The Option to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. (9) Termination: This Contract may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. ( I 0) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County, Florida. ( I I) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract is deemed to be inserted herein and this Contract must be read and enforced as though such provisions and/or clauses are included herein. ( 12) Change Orders: No additional Work or extras may be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. ( 13) Licenses and Certifications: CONTRACTOR must secure all necessary business and professional licenses at its sole expense prior to commencing the Work. ( 14) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein may be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect. ( 15) Jury Trial Waiver: The parties waive their right to jury trial. ( 16) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may be construed to operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 2 of 80 ( 17) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.070 I) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the CONTRACTOR if the CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. ( 18) Notices. Whenever a notice is required or permitted herein , it must be delivered by certified mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile transmission and will be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered to have been delivered. Notices must be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies by U.S. mail to: To CONTRACTOR: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov Jerry Newfarmer, President and CEO 1730 Madison Road Cincinnati, OH 45206 513-861-5400 jnewfarmer@managementpartners.com 3 of 80 ( 19) Corporate Authority. The CONTRACTOR and its representative who signs this Contract hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. (20) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch . 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. (21) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. (22) Transfer and Assignment. The Work may not be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. (23) Most Favored Public Entity. CONTRACTOR represents that the Contract Price negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and other material cost factors. If CONTRACTOR's price to other clients decreases when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same price to CITY. (24) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors must register with and use the E- Verify system to verify work authorization status of all employees hired after January I, 2021. The CONTRACTOR and all subcontractors must comply with and be bound by the following: (a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Contract; (b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09( I), Fla . Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the CONTRACTOR otherwise complied , must promptly notify CONTRACTOR and CONTRACTOR must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Contract is terminated pursuant to paragraph b. or c. above; (f) CONTRACTOR acknowledges that upon termination of this Contract by the CITY for a violation of this Section by CONTRACTOR, CONTRACTOR may not be awarded a public 4 of 80 contract for at least one ( I) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and CONTRACTOR's failure to enforce compliance is a substantial and material breach of this Contract. (25) ANTI-DISCRIMINTION. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religion, family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class" and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. Contractor must include in all of its subcontracts the following clause: Subcontractors and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religion, family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, or disability, or any other classification that is federally defined as a "protected class". Subcontractors must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. MANAGEMENT PARTNERS, INC.: S of80 ATTESTED:~ By:~~ 4 NkaPayn~ City Clerk Read and A roved as to Form. Language , Legalit __.-.--,..._ 6 of 80 Cl ~UT '(\Myl-11 • By:~i~ Shari Kamali City Manager EXHIBIT I SCOPE OF SERVICES Attachment A Performance Based Audits RFP #FN2022-13 The City of South Miami is accepting sealed proposals for performance-based audits for City departments and certain divisions. The work covered by the specifications herein shall be for performance-based audits as described in the contract documents and Scope of Services. The City will select a single vendor to perform performance-based audits to be completed over a five-year period and shall conform to Exhibit I "Scope of Services, Attachments A & B," and the schedule identified as "(4) Department Schedule," listed below. BACKGROUND Pursuant to Section 4 (F) of the City Charter, (as amended in 2000), the City of South Miami will conduct a performance-based audit of each City department. These audits are called for in the Charter, specifically, Section 4, (F), which requires that "The City Commission shall require a performance-based audit for each department at least once every five years." The City intends to hire a single qualified consultant to conduct the department/division performance audits based on a recommendation of an evaluation committee. The evaluation shall be conducted in accordance with the Evaluation and Selection Criteria, as set forth in Exhibit 5. The awarded consultant shall enter into an agreement for a 5-year term to commence on the date of execution of the agreement. See "Exhibit 6 Performance Based Audit Agreement,., which is the form of the agreement that the consultant will be required to execute. Only consultants with experiences and a proven track record of performing performance-based audits either in the private or public sector are encouraged to apply. Please refer to "Supplemental Instructions and Proposal Format," prior to the Proposal Submittal Checklist Form of this solicitation for further instructions. I • Scope of Services The audit shall be performed as follows: Two departments, and the division of said department, if any, per year over a five-year period, for a total of IO individual department audits. The schedule is referenced as "(4) Department Schedule" below. The audits will focus on "Department Performance" and is defined as to include workload measures, outputs, outcomes, and benchmarks either to professional standards, neighboring communities, or historical trends. Other factors that should be considered: • Responsibility of the department. • Adherence to department budget line items. • Community's needs. • Department's goals. • Communication between and within departments. • Establishing a level of productivity and performance. • Assessing productivity and performance. • Job training. 7 of 80 • Work environment. • Technological impediments It will be the awarded consultant's option to determine the most effective method and/or strategy to collect the information necessary to complete the audit, including but not limited to; interviews with senior departmental staff, analyze any relevant City documents to determine if performance indicators were deployed and to assess if there was an established organizational capacity for their use, resident survey's to establish baseline data on citizen satisfaction and , to identify critical issues for future performance measurement development. 2 . Deliverables The audits will confirm if there is a strategic road map in place that ties performance measures to goals and vision. Possible strengths and weaknesses, by department, will be identified in municipal service delivery and, a benchmark or roadmap will be provided for individual departments to increase performance measures as well as staff and resident satisfaction . In addition, the audit will reveal if departments utilize explicit measures of performance or benchmarks, either internal or external, to track or quantify delivery of services. At the completion of a single department audit, the awarded consultant will provide an assessment of the department and include corrective actions that can be reasonably deployed to effectively measure performance internally and to the residents they serve to the City Manager. Department Follow-up Process: The awarded consultant will be responsible to provide a brief evaluation within the following 12-month period to determine if the department/division previously audited has addressed the findings, achieved improvements or not met expectations or recommendations provided in the original department/d ivision assessment. 3. Performance Measurement Award, ICMA It is the goal of the City, for departments/divisions that completed the performance audit process, to achieve recogn ition from the International City/County Management Association, (ICMA). ICMA 's Certificate Program in Performance Measurement recognizes jurisdictions that excelled in local government performance measurement. ICMA recognizes achievement in three categories, utilizing specific criteria for each. The categories are: • Achievement • Distinction • Excellence The awarded consultant must assist each department/division with the ICMA certificate application process and will provide supporting documentation as required by ICMA for each category. At the end of the 5-year agreement, it is the objective of the City for all departments to achieve the "Excellence" certificate. Refer to Exhibit I, Scope of Services, Attachment B, "ICMA Criteria: 2021 Certificates in Performance Management" For additional information , please refer to the ICMA website link listed below: 8 of 80 https://icma.org/documents/icma-certificates-performance-management-criteria 4. Department Schedule Over a five-year period, the City departments audited will be as follows , however at the discretion of the City, the "Department Schedule" is subject to change: Year I: "Parks and Recreation" Year 2: "Planning and Zoning" and "Building" Year 3: "Police" and "Public Works" Year 4: "Finance," including MIS and Procurement Division Year 5: "Code Enforcement and Human Resources" The awarded consultant is expected to complete each yearly audit within a three-month period, between October I st with the "Final Report" issued by December 31 st of each year, from the execution date of this agreement. Completion is defined as when the awarded consultant submits a "Findings and Recommendations Report" to the City Manager. The awarded consultant must submit one unbound original and one electronic copy (Word and PDF) of the "Findings and Recommendations Report to the City Manager: The mail, delivery and email address are as follows: Ms. Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Email: skamali@souhmiamifl .gov END OF SECTION 9 of 80 EXHIBIT I SCOPE OF SERVICES Attachment B Performance Based Audits RFP #FN2022-13 "ICMA Criteria: 2021 Certificates in Performance Management" 10 of 80 Category Data Collection Verification and Coordination Training/ Support Public Reporting INTERNATIONAL CITY /COUNTY MANAGEMENT ASSOCIATION 777 N Capitol St. NE, Ste. 500 Washington , DC 20002-4290 202.962.3680 I 202.962.3500 (f) icma.org Criteria: ICMA Certificates 1n Performance Management 2021 Achievement Distinction Excellence 4 services areas over 2 years. 6 services areas for 3 years Identification, tracking, and reporting of key outcome measures beyond inputs, outputs, and workload indicators Participation in efforts to verify, correct, or further explain any data that may be in question . Designation of a primary staff person to oversee PM efforts (NOTE: In larger organizations, this role may be filled by more than one person.) At least one informational or Consideration of the Meets criteria for the training session during the past year for jurisdiction staff, dealing with performance measurement issues, or coordination of staff's attendance at alternate tra ininq sessions Incorporation of jurisdiction performance data in documents, lo ca l media or social media . Sharing of performance data online, in public mailings, or in public meetings. NOTE: Must include targets or goals for key measures. particular needs of new employees in performance measurement training efforts . Public reporting that in corporates: l) sufficient data to judge past performance 2) comparison values from other jurisdictions, groups or private industry; 3) narrative text to discuss the significance of the data and action steps if goals not achieved, and 4) searchability (e.g., via public keyword search or website shortcut rather than needing to watch an en tire budget meeting to hear performance-related discussion). NOTE: All four are required . certificate of achievement and distinction. Use of graphs, color-coding, dashboards, etc ., to highlight performance above or below expectations or varying significantly from past or comparable data. Suc h reporting should enable "at- a-glace" identification of potential areas of concern, rather than simp ly providing a data table or departmental icon. Continued below ... 11 of 80 2021 ICMA Certificate Criteria, page 2 Cateaorv Achievement Distinction Excellence Accountability, Adoption of policies for Internal tracking and Process holding staff accountable consideration of performance Improvement to report performance data on at least a quarterly data and work toward basis, including presentations, continuous improvement reports, or discuss ion s wit h department staff and elected officials. Networking Sharing of performance measurement experiences/lessons-learned with other communities or oroan izations (e .o ., academic, p rivat e sector) Planning, Consideration of performance data in measuring progress Budgeting toward strategic plan goals (for the overall organization , departments, or individuals), making management decisions, or considering financial issues . Equity Reporting and ana lysis of equity in the provision of services, such as on a neighborhood or demographic basis . (Optional for 2021 ; This will be required in 2022 ) Leadership Internal emphasis on performance measurement that makes it pervasive in the organizational culture , and external leadership in networking, presentations, and data sharinQ. Surveying Conduct and public reporting of customer satisfaction surveys, both of internal customers (employees) and the aeneral public. NOTE: Updates to the criteria for 20 2 1 are shown in blue . The application makes specific reference to data dictionaries , CRM, social media applications, residents' academies, Lean Six Sigma, predictive analytics, departmental accreditation, smart community technology, geo-mapping, and other initiatives . While these are not required at this time for any particular certificate level, we request that you detail any relevant work in those areas as they may contribute to the jurisdiction's overall rating. The evaluation process is not entirely points-based, but approximately l /3 of the total consideration is g iven to public reporting. Where some criteria are not met at all , this may serve to disqualify on application or impact the jurisdiction's ability to reach a higher level of recognition. As you hove any questions, please contact performanceanalytics @icrna .org. 1€MA 12 of 80 EXHIBIT 2 Pel"fol"mance Based Audits RFP #FN2022-13 Insurance & Indemnification Requirements Insurance A Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must 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 FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/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 . B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/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: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as 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: $5,000 per person; 13 of 80 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1 ,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability . Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles . • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risi<). IF APPLICABLE: A In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such 14 of 80 cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. 8. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible 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 must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten ( I 0) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." ~ If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide 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 becomes 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 must 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. No insurance may be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute, and unfettered discretion. Indemnification Requirement 15 of 80 A FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply and this subparagraph sets forth the responsibility of the design professional concerning the extent of, and the conditions under which, indemnification is required. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and ocher persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 16 of 80 THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 EXHIBIT 3 Performance Based Audits RFP #FN2022-13 RESPONDENTS BID FORM I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachments A & B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without lim itation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten ( I 0) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. 1 Dated: 6/16/22 ~-------- b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or datl in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit I, Attachments A & B shall be completed, in full, within N/A from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person Management Partners l 730 Madison Road, Ciociooati, QH 45206 513 8el 5400 Jerry Newfarmer 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference . 9. This proposal is submitted by Management Partners Cincinnat i, OH 45206 , whose telephone number is 4 PiPU1Ro whose address is1730 Madison Road 513 -8 61-5400 . whose fax number is , whose email address is jnewfarmer@managementpartners.com and whose authorized ------- representative signing this Bid Form is ---'J:.::ec:..;rry'-L..:.N;;.;:e;.;;.wf':..;.a=.:r""'m""e'-'-r ________ whose tide is President and CEO I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. s~"'"'""'j~ Date of Execution: ""'J'"'u-'n .... e .... 24~,~2~0~2 .... 2 _____ _ Jerry Newfarmer [Print signatory's name] END OF SECTION EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL Performance Based Audits RFP #FN2022-13 PRICING SHOULD BE SUBMITTED IN ACCORDANCE WITH EXHIBIT I, "SCOPE OF SERVICES, ATTACHMENT A & B. RESPONDENTS SHALL ENTER THEIR PROPOSED COST FOR THE ANNUAL AUDIT AND A GRAND TOTAL OVER THE FIVE (5) YEAR TERM IN THE TABLE PROVIDED BELOW. NOTE: DEPARTMENT UNDER REVIEW SCHEDULE IS SUBJECT TO CHANGE: RESPONDENTS SHALL COMPLETE EXHIBIT 4, "RESPONDENTS COST AND TECHNICAL PROPOSAL" I N ITS ENTIRETY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED AS NON-RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. Year Department Under Review Total Cost Year I: Parks and Recreation $32,900 Year 2: Planning & Zoning and Building $49,900 Year 3: Police and Public Works $49,900 Year 4: Finance, including MIS and Procurement Division $ 32,900 Year 5: Code Enforcement and Human Resources $ 32,900 $ 198,500 Grand Total: SUBMITTED THIS 2_Bt_h __ DAY OF _J_un_e ________ 20.E..._. PROPOSAL SUBMITTED BY: Management Partne rs 513-861-5400 Company Telephone Number Je rry Newfarmer Fax Number Jnewfarmer@ma nagementpartners .co m Signature Email Address President and CEO Title END OF SECTION TMf CITY OF Pl fASAl'-/T LIVING CITY OF SOUTH MIAMI PERFORMANCE BASED AUDITS RFP #FN2022-13 SUBMITTAL DUE DATE: June 29, 2022 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposal", "RFP" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #FN2022-l 3, PERFORMANCE BASED AUDITS. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT I, Attachments A & B) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the follow ing webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information . Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https:1/network.demandscar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no later than I 0:00 A.M. local time (the "Closing Date") on June 29, 2022 and any Proposal received by the City through DemandStar after I 0:00 a.m . local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at I 0:30 A.M. local time on (the Closing Date, June 29, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom .us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing+ 1-786-635-1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person with the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct subdivisions , to award each subdivision to a separate Respondent. Nkenga A Payne, CMC City Clerk, City of South Miami 21 of 80 DemandStar Registration and User Account Sign-in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. COVID-19 (Coronavirus) Emergency Response From DemandStar DemandStar is committed to helping all government agencies source qualified suppliers for COVID-19 emergency response. Governments If you are a government agency who needs Ebidding capability to receive supplier responses on line, please fill out this form and we will get back to you immediately. Ebidding is offered at no charge to governments. Broadcast Bids on DemandStar Suppliers If you are a business who can help respond to the many emergency response bids on the DemandStar network, please click here to create your account and get notified of bidding opportunities. Create Your Account ~:~ DEMANDSTAR If you do not have an account with DemandStar, click on "Create Your Account" otherwise, if you have an account, click on the "x" in the upper right- hand corner of this message and it will bring you to the following user sign in page. -;:c-0EMAN0STAR For811sints.s ForGovtmment l',,griln , I '>•~ 22 of 80 SCOPE OF SERVICES and SCHEDULE OF VALUES PERFORMANCE BASED AUDITS RFP #FN2022-13 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I, Attachments A & B. 23 of 80 No I 2 3 4 5 6 7 SCHEDULE OF EVENTS PERFORMANCE BASED AUDITS RFP #FN2022-13 TENTATIVE SCHEDULE Event Advertisement/ Distribution of Solicitation & Cone of Silence be~ins Date* 5/31/2022 NONE Pre-RFP Meeting -NONE SCHEDULED SCHEDULED Deadline to Submit Questions 6/16/2022 Deadline to City Responses to Questi o ns 6/22/2022 DEADLINE TO SUBMIT RFP RESPONSE: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to httos://network.demandstar.com/ 6/29/2022 E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at htt ps ://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID : 3056636339. 6/29/2022 Projected Announcement of selected Contractor/Cone of Silence ends 7/19/2022 END OF SECTION 24 of 80 Time* (EST) 12:00 PM 10:00 AM 10:00 AM 10:00AM 10:30AM 7:00 PM INSTRUCTIONS for RESPONDENT PERFORMANCE BASED AUDITS RFP #FN2022-13 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSUL TANT". I . Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation 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 all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform . 3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4 . Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, .or in person, and must be knowledgeable of the terms of the contract. 5. Precedence of Conditions . The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract if any i) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission , if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm 's Proposal ; and d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith . 7. The terms, provisions, conditions, and definitions contained in the Solicitation Cover Letter will apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter will govern and take precedence over the conflicting provision(s) in the Solicitation. 25 of 80 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by I 0:00 AM June 16, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick@southmiamiR.~ov or via facsimile at (305) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S . mail , e-mail, or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City's website. I 0. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. I I. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Section SA-7, of the City's Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section SA-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer will not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact will only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information . 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution, action or decision of the City Commission ; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division , which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section SA-5 (c) (9), of the City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section SA-5 of the City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award . b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents . c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is , therefore, important that all the parts of the Request for Proposal be completed in all respects . e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these 26 of BO documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15 . Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub- consultant, 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-contractor/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. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an E-bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided ins. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17 . Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction . Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue ink . All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected . Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/E-bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form . e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of lnsurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names : If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropr iate identification , samples and/or specifications for such item(s). The City will be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form . In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake : In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations . Failure to do so will be at the Respondent's risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten ( I 0) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening, they must be delivered within ten ( I 0) calendar days of the request. The City will not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. 27 of 80 f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration . The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a period of one hundred eighty ( 180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments . Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable . 19 . Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation , and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a certified copy of all licenses, Certificates of Competency, or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond, if required for this Project. 20 . Respondent must comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such resciss ion. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing, or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22 . Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents as the Respondent's signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial pos ition, experience, staffing, equipment, materials , references , and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24 . Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended , when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the understanding and agreement to indemnify and hold harmless, to the fullest extent permitted by law, the City of South Miami and 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, willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the 28 of 80 contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent's contractual obligations to the City. Nothing contained in this solicitation is intended to imply, nor will it constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable , unless the claim is based solely on allegations of fraud and/or collusion . The submission of a proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this Solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond , if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this paragraph to the contrary, a design professional's indemnification obligations are limited to the requirement of paragraph F of the City's Indemnification Requirements. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements : The Respondent, when submitting the Proposal. must include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security. 28. Performance and Payment Bond : The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond , each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition , if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond . The bonds must be with a surety company authorized to do business in the State of Florida. 28.1 . Each Performance Bond must be in the amount of one hundred percent ( I 00%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28 .2 . Each Performance Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent ( I 00%) of the Contract Sum . 28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or sub-contractor/sub-consultant employed pursuant to this Project. 28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation . 28 .5 . Pursuant to the requirements of Section 255 .05 , Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 28.6. The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten ( I 0) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal , and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond , that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond . 30. Pre-proposal Conference Site Visits : If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, o r that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any 29 of 80 part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ, the negotiated price, and award the contract to, or begin negotiations with, the second most responsive, responsible E-bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to reject all E-bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent's E-Bid Form, if any, and a Respondent's Cost and Technical Proposal if it is included with this Solicitation Package. 33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35 . All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E-bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members, or stockholders (collectively referred to as "Respondent Debtors"). An E-bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid considered until the default is cured to the satisfaction of the City Manager. 36. Protest Procedure. See attached EXHIBIT 7. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT 5. 38. Availability of Contract -Any Governmental or quasi-governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful E- bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful E- bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi-governmental entity which uses this formal solicitation and resulting E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its own exemption certificates as required by the successful E-bidder(s)/proposer(s). 39. Non-Appropriation of Funds . In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 40. Most Favored Public Entity . Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages , benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 41. Confidential and Proprietary Information . Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the 30 of 80 cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS . If a document is not totally confidential but contains non-confidential and confidential information, the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent must cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information . If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production . If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws . The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum . 42. Definitions. The following definitions will govern the interpretation of this RFP : "Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public , or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92 .525 . 43. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami , Florida 33143 . The "Best and Final Offers" must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered : "Best and Final Offers". On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear w inner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re-advertised. 45. Rescind the Award . The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions . 46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the C ity of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami-Dade County or the City Manager. 47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided . For this purpose, such acts or circumstances include , but not limited to , weather conditions affecting performance, floods , epidemics , war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances 31 of 80 occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 48. Proprietary Rights 48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Respondent shall not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2AII rights, title, and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Respondent and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors, or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the City, except as required for the Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein , the Respondent and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software, if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 49. Anti-Discrimination . Contractor and all of its employees , subcontractors and subconsultants, while performing work for the City, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation , gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class" and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial and material breach of this Contract. END OF SECTION 32 of 80 SUPPLEMENTAL INSTRUCTIONS AND PROPOSAL FORMAT FOR RESPONDENT Performance Based Audits RFP #FN2022-13 I. Format and Content of RFP Response Firms responding to the solicitation, shall disclose their qualifications to serve as a consultant for the City in the format set forth below. Failure to provide requested information may result in your proposal being deemed non-responsive and therefore eliminated from further consideration. NOTE: THE REQUESTED INFORMATION AND FORMAT IS IN ADDITION TO THE "RESPONDENTS QUALIFICATION STATEMENT FORM" LOCATED IN THE RFP. A. Title Page Show the name of Respondent's agency/firm, address, telephone number, name of contact person, date and the subject: REQUEST FOR PROPOSAL for "Performance Based Audits," RFP #FN2022-I 3. B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm's resources. Summarize your firm's qualifications and experience to serve as a Consultant, and your firm's understanding of the work to be done and make a positive commitment to perform the work in accordance with the terms of the proposal being submitted. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection, based on the criteria set forth above . Section "C" subsections I -4; should summarize the key points of your submittal. Limit to one (I) to ten ( 15) pages. Title Page and Table of Contents is excluded from this page limit. Proposals must include the following: I. Proposer's perception of the problem, based on this RFP and the Scope of Services, Exhibit I, Attachments A & B. 2. Detailed work plan/project approach and schedule designed to accomplish the objectives of the proposed project in a timely manner. 3. A list of the executive and professional personnel that will be employed in the completion of the project and their experience with similar projects, including the percentage of project time projected to be spent by each person. 4. Proposer's experience with projects of a similar scope including a summary of prior work experience and competence in undertaking projects of this type. Experience shown should be of the lead project personnel who will be assigned to the City's project and will routinely be interfacing with the City. 33 of 80 D. Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. Section "D" is limited to one (I) to three (3) pages: a. Name of Firm submitting responding to the solicitation. b. Name and title of individual responsible for the submittal. c. Mailing and e-mail addresses. d. Telephone and facsimile numbers. E. Personnel and References Section "E" is limited to one (I) to ten ( I 0) pages. Identify the primary individuals who will provide services to the City with regard to the day-to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm's experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm's and individual's experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this project, that are provided by your firm, through subcontractors or sub consultants. F. Other Relevant Experience Section "F" is limited to one (I) to six (6) pages. Provide a description of your proposed primary individuals' relevant experience over the last three years with other cities that you believe are relevant to this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served as consultants for similar engagements as proposed by the City detailed in the Scope of Services in this RFP. END OF SECTION 34 of 80 CONE OF SILENCE ORDINANCE, SECTION BA-7 PERFORMANCE BASED AUDITS RFP #FN2022-I 3 Chapter BA of the City of S.outh Miami Code of Ordinances is hereby amended in pertinent part to add a new section BA-7 which is to read as follows: Sec. 8A-7. Cone of Silence: (A) Definitions. (I) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information ("RFI") or request for bid ("RFB"), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the "Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the "Bidder's Representative") and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) "City's professional staff' means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (I) Communications at a duly noticed pre-bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; 35 of 80 (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder's Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; ( I 0) Communications prior to bid opening between City's professional staff and Potential Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder's Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 36 of 80 PROPOSAL SUBMITTAL CHECKLIST FORM PERFORMANCE BASED AUDITS RFP #FN2022-13 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation . Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items : X X X X X X X Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed. The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.corn/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. Supplemental Instructions for Respondents, located prior to the Proposal Submittal Checklist Form. Indemnification and Insurance Documents EXHIBIT 2 Respondents Bid Form . EXHIBIT 3 Respondents Cost & Technical Proposal, EXHIBIT 4 Signed Contract Documents EXHIBIT 6 Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers ----- X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards Affidavit Concerning Federal & State Vendor Listings ----X X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 37 of 80 RESPONDENT QUALIFICATION STATEMENT PERFORMANCE BASED AUDITS RFP #FN2022-13 The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I . Number of similar projects completed, a) In the past 5 years b) In the past 10 years 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address : Owner Telephone: Actual Final Contract Price : b) Project Name: Owner Name: Owner Address : Owner Telephone: Actual Final Contract Price c) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price : d) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address : Owner Telephone: Original Contract Price : Actual Final Contract Price: 38 of 80 3. Current workload Project Name Owner Name Telephone Number Contract Price 4 . The following information must be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years . Name of Agency: Address: Telephone No.: Contact Person : Type of Project: Name of Agency: 39 of 80 Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: END OF SECTION 40 of 80 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSUL TANTS AND PRINCIPAL SUPPLIERS PERFORMANCE BASED AUDITS RFP #FN2022-13 Respondent must list all proposed subcontractors and subconsultant if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Subcontractor/Subconsultant Address Telephone, Fax & Work Name Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP . END OF SECTION 41 of 80 STATE OF FLORIDA COUNTY OF MIAMI-DADE NON-COLLUSION AFFIDAVIT PERFORMANCE BASED AUDITS RFP #FN2022-I 3 ______________________ being first duly sworn, deposes and states that: (I) He/She/They is/are the ________________________ _ (Owner, Partner, Officer, Representative or Agent) of the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired , connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion , conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees, or parties of interest, including this affiant. Signed, sealed, and delivered in the presence of: By: _____________ _ Witness Signature Witness Print Name and Title Date ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the ____ day of _______ , 20 ___ , before me, the undersigned Notary Public of the State of Florida , personally appeared (Name(s) of individual(s) who appeared before notary) 42 of 80 _______________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC : SEAL OF OFFICE: 43 of BO Notary Public, State of Florida (Name of Notary Public: Print, Stamp, or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath . PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST PERFORMANCE BASED AUDITS RFP #FN2022-13 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 Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, 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 prov1s1ons of Chapter I 12 , Florida State Statutes . Respondents must disclose with their Proposals, the name of any officer, director, partner, associate, or agent who is also an officer or employee of the City of South Miami or its 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 NOT ARY 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), Flo rida 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, proposal 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 Statu tes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guile, 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 Sca.tuces, 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 44 of 80 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, will 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 will be considered an affiliate. 5. understand that a "person" as defined in Paragraph 287.133 (t) (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 proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members , and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ___ 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.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED 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 ST ATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this _____ day of ______________ , 20 __ . Personally known ____________ _ OR Produced identification ________ _ (Type of identification) Form PUR 7068 (Rev.06/11/92) 45 of 80 Notary Public -State of _______ _ My commission expires _______ _ (Printed , typed, or stamped commissioned name of notary public) DRUG FREE WORKPLACE PERFORMANCE BASED AUDITS RFP #FN2022-13 Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: 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 's 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 paragraph (I) above . 4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT's Signature: ________________ _ Print Name: Date: 46 of 80 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS PERFORMANCE BASED AUDITS RFP #FN2022-13 TO THE CITY OF SOUTH MIAMI We, ______________ ,, (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the PERFORMANCE BASED AUDITS RFP #FN2022-13 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consulting Engineer, if any. against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: 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's 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 E-bid a copy of the statement specified in Section (I). 4) In the statement specified in Section (I), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR Witness BY: _______________ _ Name Title 47 of 80 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS PERFORMANCE BASED AUDITS RFP #FN2022-I 3 The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: htcp:/lwww.dms.myflorida.com/business operations/state purchasing/vendor information/convicted suspended di scriminacorx complaints vendor lists DECLARATION UNDER PENAL TY OF PERJURY I, ___________ (hereinafter referred to as the "Declarant") state, that the following facts are true and correct: (I) I represent the Respondent whose name is ______________ _ (2) I have the following relationship with the Respondent _________ (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor _information/convicted_suspended_di scriminatory _complaints_vendor _lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. By: __________ _ (Signature of Declarant) (Print name of Declaranc) ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) On this the __ day of _______ ., 20 ___ , before me, the undersigned authority, personally appeared who is personally know to me or who provided the following identification and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL 48 of 80 Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned .) RELATED PARTY TRANSACTION VERIFICATION FORM PERFORMANCE BASED AUDITS RFP #FN2022-13 ________________ , individually and on behalf of _______________ _ ("Firm") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section SA-I of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section BA-I) with regard to the contract or business that I, and/or the Firm , am(are) about to perform for, or to transact with, the City, and (2) neither J nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section BA-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e ., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm , nor anyone who has a financial interest greater than 5% in the Firm , nor any member of those persons' immediate family (i.e ., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows : _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm .]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e ., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names : ________________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any per son or agency acting for the City, and that we have not appeared in representation of any third party before any board , commission or agency of the City within the past two years other than as follows: ____________________________________ (if 49 of 80 necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12 .28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows : _______________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm , nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded , other than the following : ____________ _ ___________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however. you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family .] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Ver ification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm . ( I 0) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge. information, and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: _____________ _ Print Name & Title: ---------------- Date: ____________ _ 50 of 80 Sec. 8A-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction . (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as pertorm quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission . (S) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred , in return for services rendered or to be rendered . (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. ( I 0) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (6)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable . Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position . Nothing in this subsection shall prohibit or make illegal: (I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (6)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (6)(2), (3) and (4); 51 of 80 (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b){I) through (6) and in paragraph (b){9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b){ I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b){ I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b ){I) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gi~s. (I) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions . A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b){ I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b )(I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local 52 of 80 officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(I) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties . (j) Prohibition on outside employment. (I) No person included in the terms defined in paragraphs (6)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (1) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, 53 of 80 certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person . Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (6)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question . (m) Actions ,prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending ,professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)( I) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, SO I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or 54 of 80 otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials . (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render o-pinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (6)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 55 of 80 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION PERFORMANCE BASED AUDITS RFP #FN2022-X 13 This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists . Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered w ith the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ------~ makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents . Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process . Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this ___ day of ________ , 20 Signature of Representative Print Name and Title Print name of entity being represented . END OF SECTION S6 of 80 NOTICE OF AWARD PERFORMANCE BASED AUDITS RFP #FN2022-13 The City has considered the Proposal submitted by your firm for the PERFORMANCE BASED AUDITS RFP #FN2022-13 in response to the City's advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the PERFORMANCE BASED AUDITS RFP #FN2022-13 and the negotiated price is attached as Exhibit A to this Notice of Award . You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten ( I 0) day from the date of this notice to you . Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten ( I 0) calendar days from the date of this notice, the CITY will have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year contract requiring payment out of more than one year's appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of the City. BY : _______________ _ Shari Kamali City Manager Dated this __ day of _______ . 20 __ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by _______________ _ On this the ___ day of __________ , 20 __ . BY: TITLE : You are required to return an acknowledged copy of this Notice of Award to the City Manager. END OF SECTION 57 of 80 EXHIBIT I SCOPE OF SERVICES Attachment A Performance Based Audits RFP #FN2022-13 The City of South Miami is accepting sealed proposals for performance-based audits for City departments and certain divisions. The work covered by the specifications herein shall be for performance-based audits as described in the contract documents and Scope of Services. The City will select a single vendor to perform performance-based audits to be completed over a five-year period and shall conform to Exhibit I "Scope of Services, Attachments A & B," and the schedule identified as "(4) Department Schedule," listed below. BACKGROUND Pursuant to Section 4 (F) of the City Charter, (as amended in 2000), the City of South Miami will conduct a performance-based audit of each City department. These audits are called for in the Charter, specifically, Section 4, (F), which requires that "The City Commission shall require a performance-based audit for each department at least once every five years." The City intends to hire a single qualified consultant to conduct the department/division performance audits based on a recommendation of an evaluation committee. The evaluation shall be conducted in accordance with the Evaluation and Selection Criteria, as set forth in Exhibit 5. The awarded consultant shall enter into an agreement for a 5-year term to commence on the date of execution of the agreement. See "Exhibit 6 Performance Based Audit Agreement," which is the form of the agreement that the consultant will be required to execute. Only consultants with experiences and a proven track record of performing performance-based audits either in the private or public sector are encouraged to apply . Please refer to "Supplemental Instructions and Proposal Format," prior to the Proposal Submittal Checklist Form of this solicitation for further instructions. I • Scope of Services The audit shall be performed as follows: Two departments, and the division of said department, if any, per year over a five-year period, for a total of IO individual department audits. The schedule is referenced as "(4) Department Schedule" below. The audits will focus on "Department Performance" and is defined as to include workload measures, outputs, outcomes, and benchmarks either to professional standards, neighboring communities, or historical trends. Other factors that should be considered: • Responsibility of the department. • Adherence to department budget line items. • Community's needs. • Department's goals. • Communication between and within departments. • Establishing a level of productivity and performance. • Assessing productivity and performance. • Job training. 58 of 80 • Work environment. • Technological impediments It will be the awarded consultant's option to determine the most effective method and/or strategy to collect the information necessary to complete the audit, including but not limited to; interviews with senior departmental staff, analyze any relevant City documents to determine if performance indicators were deployed and to assess if there was an established organizational capacity for their use, resident survey's to establish baseline data on citizen satisfaction and, to identify critical issues for future performance measurement development. 2. Deliverables The audits will confirm if there is a strategic road map in place that ties performance measures to goals and vision. Possible strengths and weaknesses, by department, will be identified in municipal service delivery and, a benchmark or roadmap will be provided for individual departments to increase performance measures as well as staff and resident satisfaction. In addition, the audit will reveal if departments utilize explicit measures of performance or benchmarks, either internal or external, to track or quantify delivery of services. At the completion of a single department audit, the awarded consultant will provide an assessment of the department and include corrective actions that can be reasonably deployed to effectively measure performance internally and to the residents they serve to the City Manager. Department Follow-up Process: The awarded consultant will be responsible to provide a brief evaluation within the following 12-month period to determine if the department/division previously audited has addressed the findings, achieved improvements or not met expectations or recommendations provided in the original department/division assessment. 3. Performance Measurement Award, ICMA It is the goal of the City, for departments/divisions that completed the performance audit process, to achieve recognition from the International City/County Management Association, (ICMA). ICMA's Certificate Program in Performance Measurement recognizes jurisdictions that excelled in local government performance measurement. ICMA recognizes achievement in three categories, utilizing specific criteria for each. The categories are: • Achievement • Distinction • Excellence The awarded consultant must assist each department/division with the ICMA certificate application process and will provide supporting documentation as required by ICMA for each category. At the end of the 5-year agreement, it is the objective of the City for all departments to achieve the "Excellence" certificate. Refer to Exhibit I, Scope of Services, Attachment B, "ICMA Criteria: 2021 Certificates in Performance Management" For additional information, please refer to the ICMA website link listed below: 59 of 80 https://icma.org/documents/icma-cert.ificates-performance-management-criteria 4. Department Schedule Over a five-year period, the City departments audited will be as follows, however at the discretion of the City, the "Department Schedule" is subject to change: Year I: "Parks and Recreation" Year 2: "Planning and Zoning" and "Building" Year 3: "Police" and "Public Works" Year 4: "Finance," including MIS and Procurement Division Year 5: "Code Enforcement and Human Resources" The awarded consultant is expected to complete each yearly audit within a three-month period, between October I st with the "Final Report" issued by December 31 st of each year, from the execution date of this agreement. Completion is defined as when the awarded consultant submits a "Findings and Recommendations Report" to the City Manager. The awarded consultant must submit one unbound original and one electronic copy (Word and PDF) of the "Findings and Recommendations Report to the City Manager: The mail, delivery and email address are as follows: Ms. Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Email: skamal i@souhmiamifl .gov END OF SECTION 60 of 80 EXHIBIT I SCOPE OF SERVICES Attachment B Performance Based Audits RFP #FN2022-13 "ICMA Criteria: 2021 Certificates in Performance Management" 61 of 80 Category Data Collection Verification and Coordination Training/ Support Public Reporting INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION 777 N Capitol St. NE , Ste . 500 Washington, DC 20002-4290 202.962.3680 I 202.962.3500 (f) icma.org Ill Criteria: ICMA Certificates Performance Management 2021 Achievement Distinction Excellence 4 services areas over 2 years. 6 services areas for 3 years Identification, tracking, and reporting of key outcome measures beyond inputs, outputs, and workload indicators Participation in efforts to verify, correct, or further explain any data that may be in question . Designation of a primary staff person to oversee PM efforts (NOTE : In larger organizations, this role may be filled by more than one person.) At least one informational or Consideration of the training session during the particular needs of new past year for jurisdiction staff, employees in dealing with performance performance measurement issues, or measurement training coordination of staff's efforts . attendance at alternate trainina sessions Incorporation of jurisdiction performance data in documents, local media or social media . Sharing of performance data online, in public mailings, or in public meetings. NOTE: Must include targets or goals for key measures. Public reporting that incorporates: l) sufficient data to judge past performance 2) comparison values from other jurisdictions, groups or private industry; 3) narrative text to discuss the significance of the data and action steps if goals not achieved, and 4) searchability (e.g., via public keyword search or website shortcut rather than needing to watch an entire budget meeting to hear performance-related discussion). NOTE: All four are required. Meets criteria for the certificate of achievement and distinction. Use of graphs, color-coding, dashboards, etc., to highlight performance above or below expectations or varying significantly from past or comparable data. Such reporting should enable "at- a-glace" identification of potential areas of concern, rather than simply providing a data table or departmental icon. Continued below ... 62 of 80 2021 ICMA Certificate Criteria, page 2 Category Achievement Distinction Excellence Accountability, Adoption of policies for Internal tracking and Process holding staff accountable consideration of performance Improvement to report performance data on at least a quarterly data and work toward basis, including presentations , continuous improvement reports, or discussions with department staff and elected officials. Networking Sharing of performance measurement experiences/lessons-learned with other communities or o ro anizations (e .o ., academic , o ri vate sect or) Planning, Consideration of performance data in measuring progress Budgeting toward strategic plan goals (for the overall organization, departments, or individuals), making management decisions, or considerinq financial issues . Equity Reporting and analysis of equity in the provision of services, such as on a neighborhood or demographic basis. (Opt ional for 202 l ; This will be required in 2022 ) Leadership Internal emphasis on performance measurement that makes it pervasive in the organizational culture, and external leadership in networking, presentations, and data sharino . Surveying Conduct and public reporting of customer satisfaction surveys, both of internal customers (employees) and the qeneral public. NOTE: Updates to the criteria for 2021 are shown in blue . The application makes specific reference to data dictionaries, CRM, social media applications, residents' academies, Lean Six Sigma, predictive analytics, departmental accreditation , smart community technology, geo-mapping, and other initiatives. While these are not required at this t ime for any particular cert ificate level, we request that you detail any relevant work in those areas as they may contribute to the jurisdiction's overall rating. The evaluation process is not entirely points-based, but approximately l /3 of the total consideration is given to public reporting. Where some criteria are not met at all, this may serve to disqualify an application or impact the jurisdiction's ability to reach a higher level of recognition. As you have any questions, please contact performanceanolytics@icmo .org . 1€MA 63 of 80 EXHIBIT 2 Performance Based Audits RFP #FN2022-13 Insurance & Indemnification Requirements Insurance A Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must 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 FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/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. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/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: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440 , Florida Statutes, as presently written or hereafter amended, and all applicable federal laws . In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. CommeYcial Comprehensive General Liability insurance with broad form endorsement, as well as 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: $5,000 per person; 64 of 80 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such 65 of 80 cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same . C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible 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 must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSUL TANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per AM. Best 's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured . The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten ( I 0) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." -E:-If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide 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 becomes 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 must 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. No insurance may be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute, and unfettered discretion . Indemnification Requirement 66 of 80 A FIRM accepts and voluntarily incurs all risks of any injuries , damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates , employees, successors and assigns, harmless from any and all damages , claims, liability, losses, claims, demands, suits, fines , judgments or cost and expenses, including reasonable attorney's fees , paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels , which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought aga inst them and arising from the negligent error, omission, or act of FIRM , its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or respons ible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM , CITY in no way assumes or shar es responsibility or liabil ity for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply and this subparagraph sets forth the responsibility of the design professional concerning the extent of, and the conditions under which , indemnification is required. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 67 of 80 THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 EXHIBIT 3 Performance Based Audits RFP #FN2022-I 3 RESPONDENTS BID FORM I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachments A & B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package . 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form . Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten ( I 0) calendar days after the date of the City's Notice of Award. 3 . In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged .) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions . ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations , explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations , investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground 68 of 80 Facilities and conditions that may affect the Work. No additional examinations, investigations , explorations, tests, reports or similar information or data in respect co any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d . Respondent has given the City written notice of all conflicts , errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY . 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place . The Schedule of Values , if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal , as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows : PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. 5 . The ENTIRE WORK for project in accordance with Exhibit I, Attachments A & B shall be completed, in full, within N/A from the Commencement Date set forth in the NOTICE TO PROCEED . Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal : RESPONDENT: Address : Telephone: Facsimile: Contact Person 7 . The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation , are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal , by reference . 9. This proposal is submitted by _____________ whose address is _______ _ __________ , whose telephone number is , whose fax number is __ 69 of 80 ------~· whose email address is and whose authorized representative signing this Bid Form is _______________ whose title is ____ _ I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: _______________ _ Date of Execution : ___________ _ [Print signatory's name] END OF SECTION 70 of 80 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL Performance Based Audits RFP #FN2022-l 3 PRICING SHOULD BE SUBMITTED IN ACCORDANCE WITH EXHIBIT I, "SCOPE OF SERVICES, ATTACHMENT A & B. RESPONDENTS SHALL ENTER THEIR PROPOSED COST FOR THE ANNUAL AUDIT AND A GRAND TOTAL OVER THE FIVE (5) YEAR TERM IN THE TABLE PROVIDED BELOW. NOTE: DEPARTMENT UNDER REVIEW SCHEDULE IS SUBJECT TO CHANGE: RESPONDENTS SHALL COMPLETE EXHIBIT 4, "RESPONDENTS COST AND TECHNICAL PROPOSAL" IN ITS ENTIRETY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED AS NON-RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. Year Department Under Review Total Cost Year I: Parks and Recreation $ Year 2: Planning & Zoning and Building $ Year 3: Police and Public Works $ Year 4: Finance, including MIS and Procurement Division $ Year S: Code Enforcement and Human Resources $ $ Grand Total: SUBMITTED THIS DAY OF ------------20 __ . PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Pr op osal Fax Number Signature Email Address Title END OF SECTION 71 of 80 EXHIBITS EVALUATION SELECTION CRITERIA Performance Based Audits RFP #FN2022-13 Scoring and Average Ranking Phase I -Competitive Selection-Ranking: maximum I 00 poi nts per committee member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate and rank proposals on the technical criteria listed below. The Evaluation Selection Committee will be comprised of appropriate City personnel and/or members of the community, as deemed necessary, with the appropriate experience and/or knowledge . Respondents deemed as best suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or presentations, ranking and subsequent negotiations with the highest ranked Respondent. The criteria are itemized with their respective weights for a maximum total of one h undred ( I 00) points per Evaluation Selection Committee member. The evaluation factors used for determining qualifications for scoring and ranking, including average ranking order, shall include: • Respondents' methodology and process for completing the performance audit. (Max 40 points) • The ability and qualifications of the Respondents professional personnel, including pertinent training, skill and experience. (Max. 30 points) • The location of the firm and the place from which the work is to be performed and, the recent, current, and projected workloads of the firm (Max IO points) • Respondents proposed price proposal. (Max. 20 points) Average Ra nk ing O rd e r Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; #I (Highest Total Score), #2 (Next Highest Score), and so on . The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled . The total is divided by the number of Raters. In the example below, Respondent B's total Rank Score is 6, divided by the number of Raters (4) equals a Lowest Average Rank Score of 1.50 and therefore Respondent B is recommended for the award: Respondent B = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50 Respondent Rankin2 Order AVG Rater #I Rater #2 Rater #3 Rate r #4 RANK RESPONDENT A 4 2 I 3 2.50 RESPONDENT B I I 3 I 1.50 RESPONDENT C 2 3 2 2 2.25 RESPONDENT D 5 4 4 5 4.50 RESPONDENT E 3 5 3 4 3.75 72 of 80 Phase II -Oral Presentations Upon completion of the criteria evaluation indicated above by the Evaluation Selection Committee, including rating and ranking, the Evaluation Selection Committee may choose to conduct an oral presentation and/or interviews with the Respondent (s) who the Evaluation Selection Committee deems to warrant further consideration based such things as scores in clusters; based on the preliminary rating and rankings, and/or maintaining competition. Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals, as described above, remaining in consideration based upon the written documents, combined with the oral presentation . END OF SECTION 73 of 80 EXHIBIT 6 CONTRACT Performance Based Audits RFP #FN2022-l 3 THIS CONTRACT, entered into this __ day of ______ , 20 __ , by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: skamal i@southmiamifl .gov and ___________ with an office and principal place of business located at ____________ , and E-mail address of ________ _ and Facsimile transmission number of _________ (hereinafter called the "CONTRACTOR". WITNESS ETH: WHEREAS, the CITY needs PERFORMANCE BASED AUDITS; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required goods and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein . NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: (I) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby retains CONTRACTOR to provide the goods and/or services, all of which is set forth in Scope of Services, as modified by the Contract Documents, (all of which is hereinafter referred to as the Work"). • Respondent's Bid Form, attached as "Exhibit 3 • Respondents Cost & Technical Proposal attached as "Exhibit 4" (2) Contract Documents: The Contract Documents include this Contract and the forgoing documents (in paragraph (I) above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents: • Scope of Services, attached as Exhibit I • CITY's Insurance & Indemnification Requirements , attached as Exhibit 2 • Solicitation documents for PERFORMANCE BASED AUDITS RFP #FN2022-I 3. This Contract and the Solicitation, Scope of Services , and Insurance & Indemnification Requirements take precedence over the response to the PERFORMANCE BASED AUDITS RFP #FN2022 -13 including the CONTRACTOR's Bid Form and CONTRACTOR/ Respondent's Cost and Technical Response to the Solicitation. All the forgoing documents referenced in paragraph (I) above, and in this paragraph , are attached hereto and made a part hereof by reference. (3) Date of Commencement: CONTRACTOR must commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed , or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). Time is of the essence. (4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or their written designee. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: __________ e-ma il: _______ ,; Fax: _______ Street Address: (5) Scope of Services: The goods and/or services to be provided are as set forth in the Scope of Services, attached as "Exhibit I . (6) Compensation: The CONTRACTOR's compensation under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) is as set forth in CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as "Exhibit 4, unless modified in writing signed by the CITY and CONTRACTOR. 74 of 80 (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Assistant City Manager, or their written designee. (8) Time Provisions: The term of this Contract commences on the Work Commencement Date and continues for THREE ID Years. with One (I) TWO (2) Year Option-to-Renew, for a term not to exceed FIVE (S) Consecutive Years. The Option to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. (9) Termination: This Contract may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. ( I 0) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County, Florida . ( I I) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws , ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract is deemed to be inserted herein and this Contract must be read and enforced as though such provisions and/or clauses are included herein. ( 12) Change Orders: No additional Work or extras may be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. ( 13) Licenses and Certifications: CONTRACTOR must secure all necessary business and professional licenses at its sole expense prior to commencing the Work. ( 14) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein may be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect. ( 15) Jury Trial Waiver: The parties waive their right to jury trial. ( 16) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may be construed to operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. ( 17) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the publ ic records law (s.119.070 I) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following 75 of 80 completion of the CONTRACTOR if the CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. ( 18) Notices. Whenever a notice is required or permitted herein, it must be delivered by certified mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile transmission and will be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered to have been delivered. Notices must be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies by U.S. mail to: To CONTRACTOR: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail : salexander@southmiamifl .gov City Attorney 61 30 Sunset Dr. South Miami, FL 33 143 Fax : (305) 341-0584 E-mail : tpepe@southmiam ifl .gov ( 19) Corporate Authority. The CONTRACTOR and its representative who signs this Contract hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions . (20) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla . involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a 76 of 80 background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. (21) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. (22) Transfer and Assignment. The Work may not be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. (23) Most Favored Public Entity. CONTRACTOR represents that the Contract Price negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and other material cost factors. If CONTRACTOR's price to other clients decreases when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same price to CITY. (24) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January I, 2021. The CONTRACTOR and all subcontractors must comply with and be bound by the following: (a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Contract; (b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09( I), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the CONTRACTOR otherwise complied, must promptly notify CONTRACTOR and CONTRACTOR must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Contract is terminated pursuant to paragraph b. or c. above; (f) CONTRACTOR acknowledges that upon termination of this Contract by the CITY for a violation of this Section by CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (I) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and CONTRACTOR's failure to enforce compliance is a substantial and material breach of this Contract. (25) ANTI-DISCRIMINTION. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a "protected class" and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who 77 of 80 are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. Contractor must include in all of its subcontracts the following clause: Subcontractors and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, or disability, or any other classification that is federally defined as a "protected class". Subcontractors must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. Witnessed: By: ________ _ ATTESTED: By: _________ _ Nkenga Payne City Clerk CONTRACTOR: __________ _ By: _____________ _ [print name and title of signatory] CITY OF SOUTH MIAMI By:---------- Shari Kamali City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: By:----------- City Attorney END OF SECTION 78 of 80 EXHIBIT 7 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) PERFORMANCE BASED AUDITS RFP #FN2022-13 The following procedures will be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations , means a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. i. Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after the City Commission meeting at which the recommendation is considered for action. A notice of intent to file a protest is considered filed when received by the City Clerk's office by e-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. ii. Protest of solicitation. A protest of the solicitation or award must be in writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk's office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk's office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. iii. Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. iv. Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge 79 of 80 the City's determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. v. Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. vi. Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT 80 of 80 7 CITY OF SOUTH MIAMI CHARTER Page 1 of 40 SOUTH MIAMI CITY CHARTER AMENDED 11-03-20 8 ARTICLE IV (Cont'd) SECTION 4. Administration A. Control The City Manager shall have charge of the administration of the financial affairs of the City in accordance with Article Ill, Section 5. 8. Custody of Public Funds The City Manager shall have custody of all public funds belonging to or under control of the City or any office or department thereof, and deposit all fund coming into his or her custody in such depositories as may be designated by Resolution of the Commission. (Amended 2/11/14) C. Approval of Expenditures The City Manager shall approve all proposed expenditures in accordance with the approved budget, but, unless he or she shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made. (Amended 2/11/14) D. Multi-annual Contracts No contract involving the payment of money out of the appropriations of more than one year shall be made for a period of more than five years, nor shall any such contract be valid unless made or approved by resolution or ordinance adopted by the Commission after a public hearing. The Commission shall provide budget and appropriate funds in each succeeding budget for contracts extending more than one year. This section shall not restrict the term of General Obligation or Revenue Bonds. (Amended 2/14/06) (Amended 2/11/14) £. Audit The Commission shall designate a qualified Certified Public Accountant who, at the end of the fiscal year and at such other times as ordered by the Commission, shall make an independent examination in accordance with generally accepted auditing standards and review of accounts and other financial transactions by the City and shall submit such report, together with recommendations for improving fiscal control, to the Commission and to the City Manager. The accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The accountant shall not maintain any accounts or records of the City business, but within specifications approved by the Commission, shall post-audit the annual financial statements of the City and all accounts kept by any office or department of the City. The Certified Public Accountant shall not serve as the city's independent auditor for more than six consecutive years . (Amended 2/11/20) F. Performance-based audit. The City Commission shall require a performance-based audit for each department at least once every five years. (Amended 2/8/00) Page 23 of 40 SOUTH MIAMI CITY CHARTER AMENDED 11-03-20 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #FN2022-13-0-2022/SK Bid Name PERFORMANCE BASED AUDITS Bid Due Date 06/29/2022 10:00:00 Eastern Bid Opening Closed 2 responses found.online, offline, not submitting, not received Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .Management Partners 06/28/2022 17:21:22 Eastern 1730 Madison Road, Cincinnati, OH, 45206 $198500.00 00 0.0000 Bidding Document 2 .Marcum 06/29/2022 06:53:44 Eastern One SE Third Avenue, Suite 1100, Miami, FL, 33131 $277266.00 00 0.0000 Bidding Document 9 10 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL Performance Based Audits RFP #FN2022-13 PRICING SHOULD BE SUBMITTED IN ACCORDANCE WITH EXHIBIT I, "SCOPE OF SERVICES, ATTACHMENT A & B. RESPONDENTS SHALL ENTER THEIR PROPOSED COST FOR THE ANNUAL AUDIT AND A GRAND TOTAL OVER THE FIVE (5) YEAR TERM IN THE TABLE PROVIDED BELOW. NOTE: DEPARTMENT UNDER REVIEW SCHEDULE IS SUBJECT TO CHANGE: RESPONDENTS SHALL COMPLETE EXHIBIT 4, "RESPONDENTS COST AND TECHNICAL PROPOSAL" IN ITS ENTIRETY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED AS NON-RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. Year Department Under Review Total Cost Year I: Parks and Recreation $32,900 Year 2: Planning & Zoning and Building $49,900 Year 3: Police and Public Works $ 49,900 Year 4: Finance, including MIS and Procurement Division $ 32,900 Year 5: Code Enforcement and Human Resources $ 32,900 $ 198,500 Grand Total: SUBMITTED THIS 28th DAY OF June 20.E_. ------------ PROPOSAL SUBMITTED BY: Management Partners 513-861-5400 Company Telephone Number Jerry Newfarmer N.:r of Pe rso Fax Number jnewfarmer@managementpartners.com Signature Email Address President and CEO Title END OF SECTION 51 of60 48,214 51,589 55,200 59,064 63,199 277,266 11 CITY OF SOUTH MIAMI PERFORMANCE BASED AUDITS RFP #FN2022-13 SUBMITTAL DUE DATE: June 29, 2022 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as “Owner”) through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City’s request (hereinafter referred to as “Request for Proposal”, “RFP” or “E-Bidding”) All references in this Solicitation (also referred to as an “Invitation for Proposals” or “Invitation to E-bid) to “City” will be a reference to the City Manager, or the manager’s designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #FN2022-13, PERFORMANCE BASED AUDITS. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A & B) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as “the Project” or “Project”). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami’s web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the “Closing Date”) on June 29, 2022 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, June 29, 2022. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person with the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Responde nt or Respondents, other than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent . Nkenga A. Payne, CMC City Clerk, City of South Miami 1 of 60 12 DemandStar Registration and User Account Sign-in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. If you do not have an account with DemandStar, click on “Create Your Account” otherwise, if you have an account, click on the “x” in the upper right- hand corner of this message and it will bring you to the following user sign in page. 2 of 60 13 SCOPE OF SERVICES and SCHEDULE OF VALUES PERFORMANCE BASED AUDITS RFP #FN2022-13 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT 1, Attachments A & B. 3 of 60 14 SCHEDULE OF EVENTS PERFORMANCE BASED AUDITS RFP #FN2022-13 TENTATIVE SCHEDULE No Event Date* Time* (EST) 1 Advertisement/ Distribution of Solicitation & Cone of Silence begins 5/31/2022 12:00 PM 2 Pre-RFP Meeting - NONE SCHEDULED NONE SCHEDULED 3 Deadline to Submit Questions 6/16/2022 10:00 AM 4 Deadline to City Responses to Questions 6/22/2022 10:00 AM 5 DEADLINE TO SUBMIT RFP RESPONSE: The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ 6/29/2022 10:00 AM 6 E-BID OPENING VIA VIDEO CONFERENCING VIA THE ZOOM PLATFORM at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. 6/29/2022 10:30 AM 7 Projected Announcement of selected Contractor/Cone of Silence ends 7/19/2022 7:00 PM END OF SECTION 4 of 60 15 INSTRUCTIONS for RESPONDENT PERFORMANCE BASED AUDITS RFP #FN2022-13 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE “PROPOSAL” THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. THE RESPONDENT MAY BE REFERRED TO AS “CONTRACTOR” OR AS “CONSULTANT”. 1. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation 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 all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in person, and must be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City’s General Provisions, Terms and Conditions herein will take precedence over any terms and condition s submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract if any i) Respondent’s Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty -four (24) hours (not including Saturday, Sunday, or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm’s Proposal; and d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions, and definitions contained in the Solicitation Cover Letter will apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter will govern and take precedence over the conflicting provision(s) in the Solicitation. 5 of 60 16 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10:00 AM June 16, 2022 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick@southmiamifl.gov or via facsimile at (305) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, will be issued by a written addendum to the Solicitation Package (also known as “Solicitation Specifications” or “Solicitation”) by U.S. mail, e-mail, or other delivery method convenient to the City and the City will notify all prospective firms via the City’s website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City’s website. 10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the “Cone of Silence,” in accordance with Section 8A-7, of the City’s Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City’s professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer will not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact will only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing , or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City’s Cone of Silence. A ny presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City’s Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the City’s Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these 6 of 60 17 documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub- consultant, 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-contractor/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. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an E-bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent’s authorized representative in blue ink at the location of each and every erasure and correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue ink. All spaces must be filled in with the requested information or the phrase “not applicable” or “NA”. The proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/E-bid Bond, (Bond or cashier’s check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses he ld by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer’s trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words “approved equal”, it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City will be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so will be at the Respondent’s risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent’s name and manufacturer’s brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening, they must be delivered within ten (10) calendar days of the request. The City will not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. 7 of 60 18 f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms, and conditions quoted in the Proposal will be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will be liable for any damages or loss to the City occasioned by the negligen ce of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a certified copy of all licenses, Certificates of Competency, or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond, if required for this Project. 20. Respondent must comply with the City’s Insurance Requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City’s bonding, if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing, or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent’s signature on the E-bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent’s behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City’s sole and absolute discretion, the City may treat the Respondent’s signature on any of those documents as the Respondent’s signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or loc al governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: A Respondent who submits a proposal in response to this solicitation does so with the understanding and agreement to indemnify and hold harmless, to the fullest extent permitte d by law, the City of South Miami and 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, willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the 8 of 60 19 contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent’s contractual obligations to the City. Nothing contained in this solicitation is intended to imply, nor will it constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of f raud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent’s favor in any suit filed which concerns this Solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent. Notwithstanding anything contained in this paragraph to the contrary, a design professional’s indemnification obligations are limited to the requirement of paragraph F of the City’s Indemnification Requirements. 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith . In addition, if the Respondent’s employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, na ming the City of South Miami as the obligee on the bond. The bonds must be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or sub-contractor/sub-consultant employed pursuant to this Project. 28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 28.6. The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent’s signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time will, at the City’s option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts paym ent from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier’s check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond. 30. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any 9 of 60 20 part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated by those conditions. If the survey is provided subsequent to the submis sion of the proposal or negotiation in a request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ, the negotiated price, and award the contract to, or begin negotiations with, the second most responsive, responsible E- bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to reject all E-bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent’s E-Bid Form, if any, and a Respondent’s Cost and Technical Proposal if it is included with this Solicitation Package. 33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E-bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding fines, monies, fees, taxes, liens, or other charges owed to the City by the Respondent, any of the Respondent’s principal, partners, members, or stockholders (collectively referred to as “Respondent Debtors”). An E-bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid considered until the default is cured to the satisfaction of the City Manager. 36. Protest Procedure. See attached EXHIBIT 7. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT 5. 38. Availability of Contract - Any Governmental or quasi-governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful E- bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successfu l E- bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi -governmental entity which uses this formal solicitation and resulting E-bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from, and make its own payments, determine shipping terms, and issue its own exemption certificates as required by the successful E-bidder(s)/proposer(s). 39. Non-Appropriation of Funds. In the event that no funds or insufficien t funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage an d any other material cost factors. If respondent’s prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the 10 of 60 21 cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed t o be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and confidential information, the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent must cite the statutory provision that provides the basis for the Respondent’s claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as “properly list” or “properly listed” confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent’s claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent’s sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions will govern the interpretation of this RFP: “Certify”, including all of its tenses, such as “certifies”, “certifying” and “certified”, means the act of swearing or affirming under penalties of perjury that the facts that are being “certified” are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 43. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The “Best and Final Offers” must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: “Best and Final Offers”. On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have s cored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City’s Procurement Manager, will tabulate the Selection Committee’s scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re-score the Respondents submittals and, will continue the re-scoring until the tie is broken, and a clear winner for the award recommendation has been determine d. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re -advertised. 45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued followi ng the initial award recommendation by the City Manager under these conditions. 46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami -Dade County or the City Manager. 47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should su ch acts or circumstances 11 of 60 22 occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 48. Proprietary Rights 48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Respondent shall not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2All rights, title, and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Respondent and its subc ontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors, or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the City, except as required for t he Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Softwar e, if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or bec ome affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 49. Anti-Discrimination. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gen der identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a “protected class” and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial and material breach of this Contract. END OF SECTION 12 of 60 23 SUPPLEMENTAL INSTRUCTIONS AND PROPOSAL FORMAT FOR RESPONDENT Performance Based Audits RFP #FN2022-13 1. Format and Content of RFP Response Firms responding to the solicitation, shall disclose their qualifications to serve as a consultant for the City in the format set forth below. Failure to provide requested information may result in your proposal being deemed non-responsive and therefore eliminated from further consideration. NOTE: THE REQUESTED INFORMATION AND FORMAT IS IN ADDITION TO THE “RESPONDENTS QUALIFICATION STATEMENT FORM” LOCATED IN THE RFP. A. Title Page Show the name of Respondent’s agency/firm, address, telephone number, name of contact person, date and the subject: REQUEST FOR PROPOSAL for “Performance Based Audits,” RFP #FN2022-13. B. Table of Contents Include a clear identification of the material by section and by page number. C. Cover Letter and Executive Summary This letter should be signed by the person in your firm who is authorized to negotiate terms, render binding decisions, and commit the firm’s resources. Summarize your firm’s qualifications and experience to serve as a Consultant, and your firm’s understanding of the work to be done and make a positive commitment to perform the work in accordance with the terms of the proposal being submitted. This response should emphasize the strength of the firm in any relevant areas which you feel the City should weigh in its selection, based on the criteria set forth above. Section “C” subsections 1 – 4; should summarize the key points of your submittal. Limit to one (1) to ten (15) pages. Title Page and Table of Contents is excluded from this page limit. Proposals must include the following: 1. Proposer’s perception of the problem, based on this RFP and the Scope of Services, Exhibit 1, Attachments A & B. 2. Detailed work plan/project approach and schedule designed to accomplish the objectives of the proposed project in a timely manner. 3. A list of the executive and professional personnel that will be employed in the completion of the project and their experience with similar projects, including the percentage of project time projected to be spent by each person. 4. Proposer’s experience with projects of a similar scope including a summary of prior work experience and competence in undertaking projects of this type. Experience shown should be of the lead project personnel who will be assigned to the City’s project and will routinely be interfacing with the City. 13 of 60 24 D. Firm Overview State the full legal name and organizational structure of the firm. Describe the ownership structure of your firm. State the location of the office that will be serving the City including mailing address and telephone numbers. Section “D” is limited to one (1) to three (3) pages: a. Name of Firm submitting responding to the solicitation. b. Name and title of individual responsible for the submittal. c. Mailing and e-mail addresses. d. Telephone and facsimile numbers. E. Personnel and References Section “E” is limited to one (1) to ten (10) pages. Identify the primary individuals who will provide services to the City with regard to the day-to-day relationship with the City and include a brief resume for each of the primary individuals including licenses and certifications held by those individuals. Provide a list of five clients the firm has worked with in the last 36 months. Indicate the firm’s experience with clients within the State of Florida and provide a brief description of the type of services provided as well as the names, titles, addresses and telephone numbers of those primarily responsible for the account. In addition to the day-to-day relationship, please provide information regarding the firm’s and individual’s experience with engagements which are similar to the project contemplated by the City. Finally, provide specific services required to complete this project, that are provided by your firm, through subcontractors or sub consultants. F. Other Relevant Experience Section “F” is limited to one (1) to six (6) pages. Provide a description of your proposed primary individuals’ relevant experience over the last three years with other cities that you believe are relevant to this proposed engagement. Include three case studies, if available, that illustrate experience with relevant services where the proposed primary individuals have served as consultants for similar engagements as proposed by the City detailed in the Scope of Services in this RFP. END OF SECTION 14 of 60 25 CONE OF SILENCE ORDINANCE, SECTION 8A-7 PERFORMANCE BASED AUDITS RFP #FN2022-13 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A-7 which is to read as follows: Sec. 8A-7. Cone of Silence: (A) Definitions. (1) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information (“RFI”) or request for bid (“RFB”), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the “Potential Bidder”), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the “Bidder’s Representative”) and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) “City’s professional staff” means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager’s designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (1) Communications at a duly noticed pre-bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; 15 of 60 26 (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder’s Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City’s professional staff and Potential Bidders and/or Bidder’s Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder’s Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 16 of 60 27 PROPOSAL SUBMITTAL CHECKLIST FORM PERFORMANCE BASED AUDITS RFP #FN2022-13 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN “X”: Check Completed. X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Supplemental Instructions for Respondents, located prior to the Proposal Submittal Checklist Form. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Respondents Cost & Technical Proposal, EXHIBIT 4 X Signed Contract Documents EXHIBIT 6 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 17 of 60 28 RESPONDENT QUALIFICATION STATEMENT PERFORMANCE BASED AUDITS RFP #FN2022-13 The response to this questionnaire will be utilized as part of the CITY’S overall Proposal Evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years b) In the past 10 years 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price c) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Price: Actual Final Contract Price: 18 of 60 29 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information must be attached to the proposal. a) RESPONDENT’s home office organization chart. b) RESPONDENT’s proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: 19 of 60 30 END OF SECTION Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 20 of 60 31 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS PERFORMANCE BASED AUDITS RFP #FN2022-13 Respondent must list all proposed subcontractors and subconsultant if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor/Subconsultant Name Address Telephone, Fax & Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 21 of 60 32 NON-COLLUSION AFFIDAVIT PERFORMANCE BASED AUDITS RFP #FN2022-13 STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ___________________________________________ being first duly sworn, deposes and states that: (1) He/She/They is/are the ______________________________________________________ (Owner, Partner, Officer, Representative or Agent) of __________________________________________ the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal h as been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhe ad, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees, or parties of interest, including this affiant. Signed, sealed, and delivered in the presence of: _________________________________ By: ___________________________________ Witness Signature _________________________________ ___________________________________ Witness Print Name and Title ___________________________________ Date ACKNOWLEDGEMENT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) On this the _______ day of ______________, 20_____, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) 22 of 60 33 ______________________________________________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. _______________________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: ______________________________________ (Name of Notary Public: Print, Stamp, or type as commissioned.) ____ Personally known to me, or ____ Personal identification: _________________________ Type of Identification Produced ____ Did take an oath, or ____ Did Not take an oath. 23 of 60 34 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST PERFORMANCE BASED AUDITS RFP #FN2022-13 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 Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property t o a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount C ategory 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 112, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate , or agent who is also an officer or employee of the City of South Miami or its 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. 1. 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 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal 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 Paragrap h 287.133 (1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, 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 (1) (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 24 of 60 35 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, will 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 will be considered an affiliate. 5. I understand that a “person” as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] _____ 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 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public en tity crime subsequent to July 1, 1989. _____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ____________________________________ [Signature] Sworn to and subscribed before me this __________ day of ___________________________, 20____. Personally known ________________________ ___________________________________ OR Produced identification _________________ Notary Public – State of ________________ _______________________________________ My commission expires ________________ (Type of identification) (Printed, typed, or stamped commissioned Form PUR 7068 (Rev.06/11/92) name of notary public) 25 of 60 36 DRUG FREE WORKPLACE PERFORMANCE BASED AUDITS RFP #FN2022-13 Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: 1) 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’s 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 paragraph (1) above. 4) In the statement specified in paragraph (1) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT’s Signature: ___________________________________ Print Name: _________________________________________ Date: ______________________________________________ 26 of 60 37 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS PERFORMANCE BASED AUDITS RFP #FN2022-13 TO THE CITY OF SOUTH MIAMI We, _____________________________, (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the PERFORMANCE BASED AUDITS RFP #FN2022-13 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consulting Engineer, if any. against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: 1) 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’s 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 E-bid a copy of the statement specified in Section (1). 4) In the statement specified in Section (1), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR _____________________________________ ________________________________ Witness BY: __________________________________ Name __________________________________ Title 27 of 60 38 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS PERFORMANCE BASED AUDITS RFP #FN2022-13 The person, or entity, who is responding to the City’s solicitation, hereinafter referred to as “Respondent”, must certify that the Respondent’s name Does Not appear on the State of Florida, Department of Management Services, “CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS”. If the Respondent’s name appears on one or all the “Listings” summarized below, Respondents must “Check if Applies” next to the applicable “Listing.” The “Listings” can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_i nformation/convicted_suspended_di scriminatory_complaints_vendor_lists DECLARATION UNDER PENALTY OF PERJURY I, _____________________ (hereinafter referred to as the “Declarant”) state, that the following facts are true and correct: (1) I represent the Respondent whose name is ______________________________. (2) I have the following relationship with the Respondent __________________ (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di scriminatory_complaints_vendor_lists (4) I have entered an “x” or a check mark beside each listing/category set forth below if the Respondent’s name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent’s name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable ___ Convicted Vendor List ___ Suspended Vendor List ___ Discriminatory Vendor List ___ Federal Excluded Parties List ___ Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. By: ___________________________ (Signature of Declarant) ___________________________ (Print name of Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the ____ day of ______________, 20_____, before me, the undersigned authority, personally appeared ____________________________________ who is personally know to me or who provided the following identification ______________ and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. ____________________________ Notary Public, State of Florida NOTARY PUBLIC: SEAL ____________________________ (Name of Notary Public: Print, Stamp or type as commissioned.) 28 of 60 39 RELATED PARTY TRANSACTION VERIFICATION FORM PERFORMANCE BASED AUDITS RFP #FN2022-13 I ______________________________, individually and on behalf of ______________________________ (“Firm”) have Name of Representative Company/Vendor/Entity read the City of South Miami (“City”)’s Code of Ethics, Section 8A-1 of the City’s Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: ____________________________________________________________________________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: _______________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows:____________________________________________________________________________ (if 29 of 60 40 necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons’ immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as “Related Parties”) has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons’ immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ________________________ ____________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory’s personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons’ immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City’s Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ 30 of 60 41 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practic e of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); 31 of 60 42 (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city . No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b )(1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local 32 of 60 43 officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garne red or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for insp ection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, 33 of 60 44 certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substant ial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or 34 of 60 45 otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 35 of 60 46 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION PERFORMANCE BASED AUDITS RFP #FN2022-X13 This affidavit is not required for compliance with the City’s Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this ______ day of ___________________, 20 ___. ___________________________ Signature of Representative ___________________________ ______________________________ Print Name and Title Print name of entity being represented. END OF SECTION 36 of 60 47 NOTICE OF AWARD PERFORMANCE BASED AUDITS RFP #FN2022-13 The City has considered the Proposal submitted by your firm for the PERFORMANCE BASED AUDITS RFP #FN2022-13 in response to the City’s advertisement for Request for Proposal and Instructions to Respondents. You are hereby notified that your Proposal has been accepted for the PERFORMANCE BASED AUDITS RFP #FN2022-13 and the negotiated price is attached as Exhibit A to this Notice of Award. You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten (10) calendar days from the date of this notice, the CITY will have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi -year contract requiring payment out of more than one year’s appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. Moreover, the award is subject to rescission if the City Manager determines that it is not in the best interest of the City. BY: __________________________________ Shari Kamali City Manager Dated this ____ day of ______________, 20____ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by _______________________________ On this the ______ day of ____________________, 20____. BY: __________________________ TITLE: __________________________ You are required to return an acknowledged copy of this Notice of Award to the City Manager. END OF SECTION 37 of 60 48 EXHIBIT 1 SCOPE OF SERVICES Attachment A Performance Based Audits RFP #FN2022-13 The City of South Miami is accepting sealed proposals for performance-based audits for City departments and certain divisions. The work covered by the specifications herein shall be for performance-based audits as described in the contract documents and Scope of Services. The City will select a single vendor to perform performance-based audits to be completed over a five-year period and shall conform to Exhibit 1 “Scope of Services, Attachments A & B,” and the schedule identified as “(4) Department Schedule,” listed below. BACKGROUND Pursuant to Section 4 (F) of the City Charter, (as amended in 2000), the City of South Miami will conduct a performance-based audit of each City department. These audits are called for in the Charter, specifically, Section 4, (F), which requires that “The City Commission shall require a performance-based audit for each department at least once every five years.” The City intends to hire a single qualified consultant to conduct the department/division performance audits based on a recommendation of an evaluation committee. The evaluation shall be conducted in accordance with the Evaluation and Selection Criteria, as set forth in Exhibit 5. The awarded consultant shall enter into an agreement for a 5-year term to commence on the date of execution of the agreement. See “Exhibit 6 Performance Based Audit Agreement,” which is the form of the agreement that the consultant will be required to execute. Only consultants with experiences and a proven track record of performing performance-based audits either in the private or public sector are encouraged to apply. Please refer to “Supplemental Instructions and Proposal Format,” prior to the Proposal Submittal Checklist Form of this solicitation for further instructions. 1. Scope of Services The audit shall be performed as follows: Two departments, and the division of said department, if any, per year over a five-year period, for a total of 10 individual department audits. The schedule is referenced as “(4) Department Schedule” below. The audits will focus on “Department Performance” and is defined as to include workload measures, outputs, outcomes, and benchmarks either to professional standards, neighboring communities, or historical trends. Other factors that should be considered: • Responsibility of the department. • Adherence to department budget line items. • Community’s needs. • Department’s goals. • Communication between and within departments. • Establishing a level of productivity and performance. • Assessing productivity and performance. • Job training. 38 of 60 49 • Work environment. • Technological impediments It will be the awarded consultant’s option to determine the most effective method and/or strategy to collect the information necessary to complete the audit, including but not limited to; interviews with senior departmental staff, analyze any relevant City documents to determine if performance indicators were deployed and to assess if there was an esta blished organizational capacity for their use, resident survey’s to establish baseline data on citizen satisfaction and, to identify critical issues for future performance measurement development. 2. Deliverables The audits will confirm if there is a strategic road map in place that ties performance measures to goals and vision. Possible strengths and weaknesses, by department, will be identified in municipal service delivery and, a benchmark or roadmap will be provided for individual departments to increase performance measures as well as staff and resident satisfaction. In addition, the audit will reveal if departments utilize explicit measures of performance or benchmarks, either internal or external, to track or quantify delivery of services. At the completion of a single department audit, the awarded consultant will provide an assessment of the department and include corrective actions that can be reasonably deployed to effectively measure performance internally and to the residents they serve to the City Manager. Department Follow-up Process: The awarded consultant will be responsible to provide a brief evaluation within the following 12-month period to determine if the department/division previously audited has addressed the findings, achieved improvements or not met expectations or recommendations provided in the original department/division assessment. 3. Performance Measurement Award, ICMA It is the goal of the City, for departments/divisions that completed the performance audit process, to achieve recognition from the International City/County Management Association, (ICMA). ICMA’s Certificate Program in Performance Measurement recognizes jurisdictions that excelled in local government performance measurement. ICMA recognizes achievement in three categories, utilizing specific criteria for each. The categories are: • Achievement • Distinction • Excellence The awarded consultant must assist each department/division with the ICMA certificate application process and will provide supporting documentation as required by ICMA for each category. At the end of the 5-year agreement, it is the objective of the City for all departments to achieve the “Excellence” certificate. Refer to Exhibit 1, Scope of Services, Attachment B, “ICMA Criteria: 2021 Certificates in Performance Management” For additional information, please refer to the ICMA website link listed below: 39 of 60 50 https://icma.org/documents/icma-certificates-performance-management-criteria 4. Department Schedule Over a five-year period, the City departments audited will be as follows, however at the discretion of the City, the “Department Schedule” is subject to change: Year 1: “Parks and Recreation” Year 2: “Planning and Zoning” and “Building” Year 3: “Police” and “Public Works “ Year 4: “Finance,” including MIS and Procurement Division Year 5: “Code Enforcement and Human Resources” The awarded consultant is expected to complete each yearly audit within a three-month period, between October 1st with the “Final Report” issued by December 31st of each year, from the execution date of this agreement. Completion is defined as when the awarded consultant submits a “Findings and Recommendations Report” to the City Manager. The awarded consultant must submit one unbound original and one electronic copy (Word and PDF) of the “Findings and Recommendations Report to the City Manager: The mail, delivery and email address are as follows: Ms. Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Email: skamali@souhmiamifl.gov END OF SECTION 40 of 60 51 EXHIBIT 1 SCOPE OF SERVICES Attachment B Performance Based Audits RFP #FN2022-13 “ICMA Criteria: 2021Certificates in Performance Management” 41 of 60 52 Criteria: ICMA Certificates in Performance Management 2021 Category Achievement Distinction Excellence Data Collection 4 services areas over 2 years. 6 services areas for 3 years Identification, tracking, and reporting of key outcome measures beyond inputs, outputs, and workload indicators Verification and Coordination Participation in efforts to verify, correct, or further explain any data that may be in question. Designation of a primary staff person to oversee PM efforts (NOTE: In larger organizations, this role may be filled by more than one person.) Training/ Support At least one informational or training session during the past year for jurisdiction staff, dealing with performance measurement issues, or coordination of staff’s attendance at alternate training sessions Consideration of the particular needs of new employees in performance measurement training efforts. Meets criteria for the certificate of achievement and distinction. Public Reporting Incorporation of jurisdiction performance data in documents, local media or social media. Sharing of performance data online, in public mailings, or in public meetings. NOTE: Must include targets or goals for key measures. Public reporting that incorporates: 1) sufficient data to judge past performance 2) comparison values from other jurisdictions, groups or private industry; 3) narrative text to discuss the significance of the data and action steps if goals not achieved, and 4) searchability (e.g., via public keyword search or website shortcut rather than needing to watch an entire budget meeting to hear performance-related discussion). NOTE: All four are required. Use of graphs, color-coding, dashboards, etc., to highlight performance above or below expectations or varying significantly from past or comparable data. Such reporting should enable “at- a-glace” identification of potential areas of concern, rather than simply providing a data table or departmental icon. Continued below… 42 of 60 53 2021 ICMA Certificate Criteria, page 2 Category Achievement Distinction Excellence Accountability, Process Improvement Adoption of policies for holding staff accountable to report performance data and work toward continuous improvement Internal tracking and consideration of performance data on at least a quarterly basis, including presentations, reports, or discussions with department staff and elected officials. Networking Sharing of performance measurement experiences/lessons-learned with other communities or organizations (e.g., academic, private sector) Planning, Budgeting Consideration of performance data in measuring progress toward strategic plan goals (for the overall organization, departments, or individuals), making management decisions, or considering financial issues. Equity Reporting and analysis of equity in the provision of services, such as on a neighborhood or demographic basis. (Optional for 2021; This will be required in 2022) Leadership Internal emphasis on performance measurement that makes it pervasive in the organizational culture, and external leadership in networking, presentations, and data sharing. Surveying Conduct and public reporting of customer satisfaction surveys, both of internal customers (employees) and the general public. NOTE: Updates to the criteria for 2021 are shown in blue. The application makes specific reference to data dictionaries, CRM, social media applications, residents’ academies, Lean Six Sigma, predictive analytics, departmental accreditation, smart community technology, geo-mapping, and other initiatives. While these are not required at this time for any particular certificate level, we request that you detail any relevant work in those areas as they may contribute to the jurisdiction’s overall rating. The evaluation process is not entirely points-based, but approximately 1/3 of the total consideration is given to public reporting. Where some criteria are not met at all, this may serve to disqualify an application or impact the jurisdiction’s ability to reach a higher level of recognition. As you have any questions, please contact performanceanalytics@icma.org. 43 of 60 54 EXHIBIT 2 Performance Based Audits RFP #FN2022-13 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as “FIRM” with regard to Insurance and Indemnification requirements) must 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 FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/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. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY’s sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/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: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm’s Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers’ Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as 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: $5,000 per person; 44 of 60 55 • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non-Owned Vehicles • Employers' Non-Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments, and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such 45 of 60 56 cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible 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 must contain a “severability of interest” or “cross liability” clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM’s duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best’s Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a “certified copy” of the Policy (as defined in Article 1 of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: “The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of ‘bodily injury”, ‘property damage’, or ”personal and advertising injury” and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B”; (2) a policy provision or an endorsement with substantially similar provisions as follows: “This policy must not be cancelled (including cancellation for non-payment of premium), terminated, or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City.” E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide 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 becomes 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 must 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. No insurance may be issued by a surplus lines carrier unless authorized in writing by the city at the city’s sole, absolute, and unfettered discretion. Indemnification Requirement 46 of 60 57 A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney’s fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney’s fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving, or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply and this subparagraph sets forth the responsibility of the design professional concerning the extent of, and the conditions under which, indemnification is required. Thus, the design professional’s obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 47 of 60 58 EXHIBIT 3 Performance Based Audits RFP #FN2022-13 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachments A & B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City ’s Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes respons ibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent’s bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Docume nts. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground 48 of 60 59 Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or con ditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any othe r Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. I f this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit 1, Attachments A & B shall be completed, in full, within N/A from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent’s Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 9. This proposal is submitted by ________________________ whose address is ________________ ___________________, whose telephone number is ______________, whose fax number is ____ 49 of 60 60 _____________, whose email address is __________________________ and whose authorized representative signing this Bid Form is ____________________________ whose title is _________. 10. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: ______________________________ Date of Execution: _______________________ ___________________________ [Print signatory’s name] END OF SECTION 50 of 60 61 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL Performance Based Audits RFP #FN2022-13 PRICING SHOULD BE SUBMITTED IN ACCORDANCE WITH EXHIBIT 1, “SCOPE OF SERVICES, ATTACHMENT A & B. RESPONDENTS SHALL ENTER THEIR PROPOSED COST FOR THE ANNUAL AUDIT AND A GRAND TOTAL OVER THE FIVE (5) YEAR TERM IN THE TABLE PROVIDED BELOW. NOTE: DEPARTMENT UNDER REVIEW SCHEDULE IS SUBJECT TO CHANGE: RESPONDENTS SHALL COMPLETE EXHIBIT 4, “RESPONDENTS COST AND TECHNICAL PROPOSAL” IN ITS ENTIRETY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED AS NON-RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. Year Department Under Review Total Cost Year 1: Parks and Recreation $ Year 2: Planning & Zoning and Building $ Year 3: Police and Public Works $ Year 4: Finance, including MIS and Procurement Division $ Year 5: Code Enforcement and Human Resources $ Grand Total: $ SUBMITTED THIS DAY OF 20____. PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION 51 of 60 62 EXHIBIT 5 EVALUATION SELECTION CRITERIA Performance Based Audits RFP #FN2022-13 Scoring and Average Ranking Phase I - Competitive Selection-Ranking; maximum 100 points per committee member. Proposals will be evaluated by an Evaluation Selection Committee that will evaluate and rank proposals on the technical criteria listed below. The Evaluation Selection Committee will be comprised of appropriate City personnel and/or members of the community, as deemed necessary, with the appropriate experience and/or knowledge. Respondents deemed as best suited and qualified will be selected by The Evaluation Selection Committee for discussion and/or presentations, ranking and subsequent negotiations with the highest ranked Respondent. The criteria are itemized with their respective weights for a maximum total of one hundred (100) points per Evaluation Selection Committee member. The evaluation factors used for determining qualifications for scoring and ranking, including average ranking order, shall include: • Respondents’ methodology and process for completing the performance audit. (Max 40 points) • The ability and qualifications of the Respondents professional personnel, including pertinent training, skill and experience. (Max. 30 points) • The location of the firm and the place from which the work is to be performed and, the recent, current, and projected workloads of the firm (Max 10 points) • Respondents proposed price proposal. (Max. 20 points) Average Ranking Order Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; #1 (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. In the example below, Respondent B’s total Rank Score is 6, divided by the number of Raters (4) equals a Lowest Average Rank Score of 1.50 and therefore Respondent B is recommended for the award: Respondent B = 6 (Rank Score) Divided by the Number of Raters (4) = 1.50 Respondent Ranking Order Rater #1 Rater #2 Rater #3 Rater #4 AVG RANK RESPONDENT A 4 2 1 3 2.50 RESPONDENT B 1 1 3 1 1.50 RESPONDENT C 2 3 2 2 2.25 RESPONDENT D 5 4 4 5 4.50 RESPONDENT E 3 5 3 4 3.75 52 of 60 63 Phase II - Oral Presentations Upon completion of the criteria evaluation indicated above by the Evaluation Selection Committee, including rating and ranking, the Evaluation Selection Committee may choose to conduct an oral presentation and/or interviews with the Respondent (s) who the Evaluation Selection Committee deems to warrant further consideration based such things as scores in clusters; based on the preliminary rating and rankings, and/or maintaining competition. Upon completion of the oral presentation(s) and/or interviews, the Evaluation Selection Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals, as described above, remaining in consideration based upon the written documents, combined with the oral presentation. END OF SECTION 53 of 60 64 EXHIBIT 6 CONTRACT Performance Based Audits RFP #FN2022-13 THIS CONTRACT, entered into this ____ day of _____________, 20____, by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the “CITY” where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: skamali@southmiamifl.gov and ______________________ with an office and principal place of business located at _________________________, and E-mail address of ___________________ and Facsimile transmission number of __________________ (hereinafter called the “CONTRACTOR”. WITNESSETH: WHEREAS, the CITY needs PERFORMANCE BASED AUDITS; and WHEREAS, the CITY desires to retain CONTRACTOR, to provide the required goods and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY’s goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: (1) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following documents the CITY hereby retains CONTRACTOR to provide the goods and/or services, all of which is set forth in Scope of Services, as modified by the Contract Documents, (all of which is hereinafter referred to as the Work”). • Respondent’s Bid Form, attached as “Exhibit 3 • Respondents Cost & Technical Proposal attached as “Exhibit 4” (2) Contract Documents: The Contract Documents include this Contract and the forgoing documents (in paragraph (1) above) and the following documents, as well as any attachments or exhibits that are made a part of any of the Contract Documents: • Scope of Services, attached as Exhibit 1 • CITY’s Insurance & Indemnification Requirements, attached as Exhibit 2 • Solicitation documents for PERFORMANCE BASED AUDITS RFP #FN2022-13. This Contract and the Solicitation, Scope of Services, and Insurance & Indemnification Requirements take precedence over the response to the PERFORMANCE BASED AUDITS RFP #FN2022 – 13 including the CONTRACTOR’s Bid Form and CONTRACTOR/ Respondent’s Cost and Technical Response to the Solicitation. All the forgoing documents referenced in paragraph (1) above, and in this paragraph, are attached hereto and made a part hereof by reference. (3) Date of Commencement: CONTRACTOR must commence the performance of the Work under this Contract on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the “Work Commencement Date”). Time is of the essence. (4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager (“Manager”), assistant Manager, or their written designee. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: ___________________ e-mail: _______________; Fax: ______________ Street Address: ________________________. (5) Scope of Services: The goods and/or services to be provided are as set forth in the Scope of Services, attached as “Exhibit 1. (6) Compensation: The CONTRACTOR’s compensation under the terms and provisions of this Contract (hereinafter referred to as the Contract Price) is as set forth in CONTRACTOR/RESPONDENTS COST & TECHNICAL PROPOSAL attached as “Exhibit 4, unless modified in writing signed by the CITY and CONTRACTOR. 54 of 60 65 (7) Hours of Work: It is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Assistant City Manager, or their written designee. (8) Time Provisions: The term of this Contract commences on the Work Commencement Date and continues for THREE (3) Years, with One (1) TWO (2) Year Option-to-Renew, for a term not to exceed FIVE (5) Consecutive Years. The Option to Renew is at the discretion of the City Manager, unless the Contract is earlier terminated in accordance with the Contract Documents. (9) Termination: This Contract may be terminated without cause by either party with a thirty (30) day written notice to either party. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. (10) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings involving or arising out of this Contract is in Miami-Dade County, Florida. (11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract is deemed to be inserted herein and this Contract must be read and enforced as though such provisions and/or clauses are included herein. (12) Change Orders: No additional Work or extras may be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. (13) Licenses and Certifications: CONTRACTOR must secure all necessary business and professional licenses at its sole expense prior to commencing the Work. (14) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. In the event that any of the Contract Documents provide for indemnification, nothing contained therein may be construed to imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein is null and void and of no force or effect. (15) Jury Trial Waiver: The parties waive their right to jury trial. (16) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersede any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract if in the opinion of the City Attorney such approval is required by law. The Contract Documents, in general, and this paragraph may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may be construed to operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. (17) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and services on behalf of the CITY and the CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following 55 of 60 66 completion of the CONTRACTOR if the CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. (18) Notices. Whenever a notice is required or permitted herein, it must be delivered by certified mail with return receipt requested, hand delivery, e-mail (or similar electronic transmission), or facsimile transmission and will be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt card or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise, the document will not be considered to have been delivered. Notices must be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Fax: E-mail: salexander@southmiamifl.gov With copies by U.S. mail to: City Attorney 6130 Sunset Dr. South Miami, FL 33143 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov To CONTRACTOR: ________________________ ________________________ ________________________ (19) Corporate Authority. The CONTRACTOR and its representative who signs this Contract hereby certifies under penalty of perjury that the CONTRACTOR and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this Contract and to assume the responsibilities and obligations created hereunder; and that this Contract is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONTRACTOR hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. (20) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a 56 of 60 67 background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. (21) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace policy set forth in the City of South Miami’s Personnel Manual which is made a part of this Contract by reference. (22) Transfer and Assignment. The Work may not be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. (23) Most Favored Public Entity. CONTRACTOR represents that the Contract Price negotiated with the CITY is not less than the price CONTRACTOR is offering to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and other material cost factors. If CONTRACTOR’s price to other clients decreases when providing the same goods or services as provided to CITY with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same price to CITY. (24) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla. Stat., CONTRACTOR and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. The CONTRACTOR and all subcontractors must comply with and be bound by the following: (a) CONTRACTOR must require each of its subcontractors to provide CONTRACTOR with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CONTRACTOR must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Contract; (b) The CITY, CONTRACTOR, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; (c) The CITY, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the CONTRACTOR otherwise complied, must promptly notify CONTRACTOR and CONTRACTOR must immediately terminate the contract with the subcontractor; (d) A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; (e) Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Contract is terminated pursuant to paragraph b. or c. above; (f) CONTRACTOR acknowledges that upon termination of this Contract by the CITY for a violation of this Section by CONTRACTOR, CONTRACTOR may not be awarded a public contract for at least one (1) year. CONTRACTOR further acknowledges that CONTRACTOR is liable for any additional costs incurred by the CITY as a result of termination of any contract for a violation of this Section; and (g) Subcontracts. CONTRACTOR or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and CONTRACTOR's failure to enforce compliance is a substantial and material breach of this Contract. (25) ANTI-DISCRIMINTION. Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a “protected class” and Contractor must take all steps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who 57 of 60 68 are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. Contractor must include in all of its subcontracts the following clause: Subcontractors and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, or disability, or any other classification that is federally defined as a “protected class”. Subcontractors must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. CONTRACTOR: _____________________________ Witnessed: By: _________________________ By: ___________________________________ __________________________ [print name and title of signatory] ATTESTED: CITY OF SOUTH MIAMI By: __________________________ By: ________________________ Nkenga Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: By: __________________________ City Attorney END OF SECTION 58 of 60 69 EXHIBIT 7 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) PERFORMANCE BASED AUDITS RFP #FN2022- 13 The following procedures will be used for resolution of protested solicitations and awards. The word “bid”, as well as all of its derivations, means a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. i. Notice of Intent to Protest. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk’s office within three calendar days after the City Commission meeting at which the recommendation is considered for action. A notice of intent to file a protest is considered filed when received by the City Clerk’s office by e-mail or, if hand delivered, when stamped with the City Clerk’s receipt stamp containing the date and time of receipt. ii. Protest of solicitation. A protest of the solicitation or award must be in writing (“Protest Letter”) and submitted to the City Clerk’s office within five calendar days after the date of the filing of the notice of intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1,000 are both timely received by the City Clerk’s office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk’s office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk’s office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the required filing fee of $1,000 is received by the City Clerk’s office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk’s office showing the date of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. iii. Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. iv. Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge 59 of 60 70 the City’s determination of what is in the City’s best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. v. Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of a valid Protest Letter. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. vi. Stay of procurement during protests. Upon receipt of a timely, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. END OF DOCUMENT 60 of 60 71 1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 861 5400 • FAX 513 861 3480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAX 408 453 6191 Proposal for Performance Based Audits City of South Miami In response to RFP #FN2022-13 June 29, 2022 Submitted by Jerry Newfarmer Management Partners 1730 Madison Road Cincinnati, Ohio 45206 jnewfarmer@managementpartners.com 72 73 1730 MADISON ROAD • CINCINNATI, OH 45206 • 513 861 5400 • FAX 513 861 3480 MANAGEMENTPARTNERS.COM 2107 NORTH FIRST STREET, SUITE 470 • SAN JOSE, CALIFORNIA 95131 • 408 437 5400 • FAX 408 453 6191 June 29, 2022 Ms. Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Ms. Kamali: South Miami’s City Charter requires that performance-based audits be conducted for each department every five years. Management Partners has been the City’s consultant for the past five years and we have provided professional, data-based reports for each of the departments. In each case, we discuss our observations and preliminary recommendation with you and your team and make appropriate adjustments based on that conversation. In addition to the reports, we have also included an Implementation Action Plan for each performance audit to help ensure recommendations get implemented. We are pleased to again propose to assist the City by conducting the required audits for ten departments/divisions over a five-year period. We believe our experience during the past five years with South Miami makes us uniquely qualified to assist with the next round of audits. We will bring continuity and an understanding of needs and of course, the professional expertise required to ensure quality work. We are local government experts who have worked with leaders for 28 years to help them improve the way their governments function. We are focused on results and have a bias for action. Each project is customized to the unique circumstances of the agency and incorporates the informed perspective of line employees who deliver service to residents on a daily basis. Our team is excited about the potential of this project and we look forward to discussing our approach and qualifications with you in more detail. Management Partners has the experience, the professional talent, and the commitment to quality necessary to successfully complete this work for the City of South Miami. Please let me know if there is any other information we can provide. Sincerely, Jerry Newfarmer President and CEO 74 75 City of South Miami TABLE OF CONTENTS PROJECT APPROACH ..................................................................................................................................... 1 Ensuring a High-Quality Outcome ............................................................................................................. 1 Achieving Results ...................................................................................................................................... 1 Plan of Work .............................................................................................................................................. 2 Schedule .................................................................................................................................................... 5 Our Experience Conducting Organizational Reviews and Analysis ........................................................... 6 FIRM OVERVIEW ........................................................................................................................................... 7 PERSONNEL AND REFERENCES ..................................................................................................................... 8 References .............................................................................................................................................. 11 State of Florida Clients ............................................................................................................................ 13 OTHER RELEVANT EXPERIENCE ................................................................................................................... 14 CONCLUSION ............................................................................................................................................... 15 ATTACHMENT – REQUIRED FORMS ............................................................................................................ 16 76 77 City of South Miami Page 1 PROJECT APPROACH We make a commitment to quality and timely performance with each client we serve. Our approach emphasizes engagement with staff and leaders, based on the City’s distinctive circumstances and what is working well, to craft an appropriate and customized plan for improvement. There are four distinct elements to our process: Ensuring a High-Quality Outcome Management Partners goes to unusual lengths to ensure our work is of reliably high quality. Our reports and other deliverables are subjected to careful internal control processes so our deliverables meet your needs and are of excellent quality. Before we develop a draft report, we meet with your project team to discuss our observations and preliminary recommendations to solicit your feedback and identify any implementation issues. Each deliverable undergoes a peer review process within the firm to see that it meets Management Partners’ standard of excellence, with thoughtful analysis leading to clearly stated and actionable recommendations. In addition to our own high standards, we also survey each client when a project is complete to learn how we can improve. Achieving Results Management Partners has worked for the majority of our clients on multiple occasions. They consistently tell us that they use our services on a variety of projects because our work provides implementation actions that accomplish their objectives. Management Partners is led by local government experts who know how to get things done, appreciate the difficulties and the constraints on local leaders, and understand the essential elements that effectively drive implementation. These elements include:  Creating a sense of urgency,  Engaged leaders,  Well-developed implementation planning,  Frequent communication with stakeholders,  Planned milestones and completion dates, and  Institutionalized management processes. Learn. We conduct interviews, focus groups and surveys and examine strategic plans, budgets, policies and other data. Analyze. We look at how work is planned, managed and executed, since most problems stem from systemic issues. Recommend. We identify changes to increase efficiency and/or improve service delivery. Implement. We provide a clear plan of action so recommendations don’t sit on a shelf. 78 Performance Based Audits Page 2 Implementation is effective only if there is an expectation and commitment to it. We use well-grounded management practices to effectively shape organizational culture so that project goals can be realized. Plan of Work We would be pleased to refine the following framework to address your specific interests. Based on our understanding of the needs of South Miami as outlined in the RFP and based on our prior performance-based audits, we have prepared the following detailed plan of work for each performance- based audit to be performed over five years. Each project will be customized to the department being examined. Activity 1: Start Project Management Partners will begin each project with a careful learning phase, starting with a planning meeting with the designated individuals in the City Manager’s Office to ensure we have a sequence of events and schedule that will fit appropriately with the policy needs and tempo of City events. During the kickoff meeting we will confirm and review the process, work plan, and schedule of key deliverables. The project start-up activity will form the foundation for the partnership between our project team and the City. In addition to covering logistics such as who should be interviewed and communication protocols, we will discuss the approach and timing of this project in relation to other activities in the City to plan for a smooth interface between our work and the regular work of the enterprise. We understand that the effort associated with this study is in addition to the normal work and must be integrated in a way that minimizes disruption. Throughout the project we will keep you informed of our progress, observations, and initial recommendations. Key deliverables: Finalized work plan and schedule Activity 2: Gather Data and Background Information During this activity, Management Partners will review and analyze the department’s existing policies, procedures, strategies, goals, structure and performance measures. Through this analysis, we will identify how well the current policies and procedures promote operational sustainability and make recommendations based on that analysis. One of the first steps will be to interview you, the appropriate department heads and members of the senior staff to learn their perceptions, hear their ideas, and obtain their suggestions about areas needing attention, including ideas that perhaps have been suggested in the past but were not acted on. There is no doubt that City leaders and staff know opportunities and have ideas to pursue. We will combine these ideas with our own knowledge of local government industry standards and best practices (including reforms that have been implemented or considered in other cities) to create a preliminary list of opportunities for improvement. Our team members who are generalists are familiar with techniques that work in many settings to increase effectiveness and efficiency, while our subject-matter specialists know the demands specific to areas such as police, public works, parks and recreation and finance. Each of our teams will have a wide range of experience and expertise allows us to look at South Miami’s departments from different perspectives. Our team members strengthen our ability to create solutions uniquely designed for the individual project. 79 City of South Miami Page 3 As a result of working with a variety of local governments to help them best use their resources, Management Partners has extensive knowledge about best practices in jurisdictions throughout the country. Using that data and other pertinent sources, we will gather best practices that may have application in the City of South Miami and examine each service and program to identify potential areas for improvement. We do not assume that because something is considered a best practice that it automatically should be adopted by South Miami, but rather critically appraise each opportunity in light of the unique culture and resources of the City. Key deliverables: Results from background research, surveys, focus groups and interviews Activity 3: Analyze Service Delivery Processes Using the information gathered during Activity 2, we will review department service delivery models to identify alternative approaches that would maintain or improve services. We will also focus on any ideas that would lower costs. (However, from our past experience, we know the City is already operating efficiently and is always seeking the most cost-effective options to deliver services.) For this analysis we will suggest any relevant best practices, evaluate current service levels, identify discretionary services that could be reduced or eliminated, look for opportunities to consolidate services within the City’s organizational structure or enter into service agreements with other agencies, recognize outsourcing/privatization opportunities, and research alternative revenue sources. We will pay particular attention to processes that cross departments or jurisdiction boundaries and require the support of resources outside of the City. Often, City staff are directly impacted by the policies and procedures of other agencies and our analysis will identify where negotiated standards could improve efficiency. Business process analysis is particularly useful in processes that span department boundaries, such as the permitting process, purchasing process, and the hiring process. Management Partners has done specific analyses of these processes for clients on many occasions. We use several tools, depending on the circumstances, that can significantly improve business processes, including process mapping and Lean process improvement approaches. Our team members have considerable experience identifying, analyzing and assisting with the implementation of alternative service delivery approaches, including those mentioned above. Key deliverables: process maps, performance data Activity 4: Analyze Departmental Staffing In the context of our understanding of the City’s service delivery processes, we will analyze department staffing and workflow, workload and the distribution of tasks, and skill level needs. The goal of this analysis will be to determine optimal staffing to maintain services while keeping costs as low as possible. Recommendations may include suggestions to reassign, combine, or add positions. For public safety, our deployment and staffing analysis includes a position utilization analysis designed to ensure that highly trained and certified sworn staff are not being used for tasks that could be accomplished by non-sworn civilian staff. Key deliverables: Staffing analysis, organization charts with proposed changes (as applicable) 80 Performance Based Audits Page 4 Activity 5: Analyze Performance Measures and Outcomes Management Partners will assess the City’s current measures of effectiveness, efficiency, and workload for each program. We will seek to determine if changes are needed either to the strategy behind the measure or the measure itself. The primary emphasis will be on outcome measures (effectiveness and efficiency measures) that can be used to determine the extent to which each program’s goals and objectives are being achieved. The family of measures will also take into account industry standards and metrics commonly used as benchmarks, as well as the department work plans. Key deliverables: recommended performance measures Activity 6: Summarize Observations and Preliminary Recommendations When we have completed Activities 2 through 5, we will summarize our observations and identify preliminary recommendations for improvement. We will prepare a summary of the results of our work for review with you and others you may designate. Our observations and subsequent recommendations will be organized in an easy-to-understand format and presented in a positive and productive manner. We will discuss our observations and preliminary recommendations with the project team to hear their feedback, as well as discuss any impediments to implementation. Key deliverable: Summary of observations and preliminary recommendations Activity 7: Report Results Once we have received feedback about ideas for improvement and the business opportunities they represent (in the summary reviewed in Activity 6), we will finalize the report containing the analysis and recommendations. We undertake several discrete steps to ensure quality. The first is to prepare a draft report for managers to review to ensure that facts are accurate, and ideas are presented clearly. Management Partners retains responsibility for our professional recommendations, but we expect that vetting the draft report with the City’s project team improves its utility. In addition to vetting the report for accuracy the draft review provides an opportunity to discuss the recommendations and to identify implementation issues. We are committed to recommending actions that result in meaningful operational improvements and can be implemented. Once comments have been received, the final project report will be prepared, subjected to a rigorous peer review, and then transmitted to you. We will be prepared to present the results to the City Council in a public session if desired. Key deliverables: Final report ICMA performance-measurement criteria supported by this activity: This will address all criteria. Activity 8: Support Implementation Management Partners has a strong bias for action. Our reports and resulting recommendations become tools for setting priorities, and for the development of department and division work plans because we assume that every recommendation is going to be implemented. Thus, in addition to the final report we will prepare a draft Implementation Action Plan, which incorporates each recommendation. The draft action plan sets forth the steps required for implementation, assigns responsibility for action, and an assigned priority level (immediate, near- or long-term) for each recommendation. 81 City of South Miami Page 5 The action plan is prepared as a draft and becomes final once directors and managers integrate the action steps into their actual plans of work and replace the priority with actual dates for planned completion. Management Partners Key deliverable: Draft Implementation Action Plan ICMA performance-measurement criteria supported by this activity: This will address all 2 criteria. Schedule A sample schedule is provided below. Activity Schedule 1 – Start Project Weeks 1-4 2 – Gather Data and Background Information Weeks 2-6 3 – Analyze Service Delivery Processes Weeks 6-9 4 – Analyze Departmental Staffing Weeks 6-9 5 – Analyze Performance Measures and Outcomes Weeks 7-10 6 – Summarize Observations and Preliminary Recommendations Weeks 8-12 7 – Report Results Weeks 12-16 8 – Support Implementation Week 17 Project Team Management Partners has a strong project team that is well-qualified to complete this work for the City of South Miami. Amy Paul, Corporate Vice President, will serve as project manager and will oversee the substantive work and execution of the contract. Amy will be joined by project team members selected for each specific subject department. Key team members are listed in the table below. Amy Paul, Chris Bigham, Jacquelyn McCray, Gary Scott, and Mahdi Aluzri all have direct experience assisting South Miami. They participated in the prior performance audits started in 2016. In addition to the consultants listed below, we have over 100 individuals at Management Partners that can assist as needed. Our website, managementpartners.com, has a list of all our team members and we will choose others to assist with South Miami’s performance audits if their expertise is more appropriate. Associate Parks and Recreation Planning , Zoning and Buildings Police Public Works Finance Code Enforcement Human Resources Amy Paul, Corporate Vice President        Gary Scott, Special Advisor  Craig Bronzan, Special Advisor  Jacquelyn McCray, Ph.D., Partner   Mahdi Aluzri, Special Advisor    Chris Bigham, Special Advisor   Bill Moller, Senior Partner  Peg Rowe, Special Advisor  Bruce Robertson, Special Advisor  82 Performance Based Audits Page 6 Our Experience Conducting Organizational Reviews and Analysis While our range of services covers everything that local governments need to understand and manage the organization, we consider organization analysis and organization reviews to be a core service. Members of our team have assisted 54 jurisdictions in the past three years with similar organizational staffing and improvement projects in virtually every type of local government service, including reviews of entire governments as well as selected studies of individual departments and functional activities. A list of these engagements is provided below.  Alameda County Transportation Commission, California  Arcata, California  Baton Rouge, Louisiana  Boulder City, Nevada  Brea, California  Brentwood, California  Butler Metropolitan Housing Authority, Ohio  Charlotte, North Carolina  Cincinnati/Hamilton County Public Library, Ohio  Concord, California  Coronado, California  Costa Mesa, California  Cypress, California  Daly City, California  Doña Ana County, New Mexico  Doral, Florida  Eastvale, California  El Segundo, California  Essex County, Virginia  Fullerton, California  Garfield County, Colorado  Golf Manor, Ohio  Hamilton County, Texas  Lafayette, California  Las Vegas, Nevada  Long Beach, California  Mequon, Wisconsin  Mission Viejo, California  Monterey County, California  Napa, California  Novato, California  Orange County, California  Pacifica, California  Palmdale, California  Palm Beach County, Florida  Pasadena, California  Perris, California  Pinellas County, Florida  Pleasanton, California  Port of Oakland, California  Portland Community Reinvestment Initiatives, Oregon  Redwood, California  Sacramento, California  Sammamish, Washington  San Gabriel Valley COG, California  San Joaquin County, California  San Leandro, California  Santa Cruz Water Department, California  Scotts Valley, California  South Miami, Florida  Union City, California  Vallejo, California  Westminster, California  Woodlawn, Ohio 83 City of South Miami Page 7 FIRM OVERVIEW Management Partners helps local governments across the U.S. to work more effectively and run more efficiently. Firm Name: Management Partners Responsible Individual: Jerry Newfarmer, President and CEO Email Address: JNewfarmer@managementpartners.com Founded: Incorporated in 1994 as an S Corporation Offices: Our Cincinnati, Ohio office will serving the City of South Miami: 1730 Madison Road Cincinnati, OH, 45206 513-861-5400, Fax: 513-861-3480 Associates: 100+, including 23 former city/county managers Clients to date: 1,000+ local governments in 44 states Projects completed: More than 1,800 Services offered:  Organization Assessments  Organization Development  Performance Management  Process Improvement  Strategic and Business Planning  Service Sharing and Service Consolidation  Management Services  Executive Recruitment  Financial Planning, Budgeting and Analysis Our many repeat clients tell us they choose us because of the principles on which our work is built: Knowledge. We have served in local governments, so we understand the environment in which you work. Collaboration. We strive to ensure our work supports your overall corporate strategy and goals. Proven Methodologies. We use field-tested techniques for each aspect of the work. Customization. We tailor each project to the client's unique needs. Quality Work. Our processes ensure first-rate staff work and adhere to the highest ethical standards. Action. Our recommendations are designed for implementation. 84 Performance Based Audits Page 8 PERSONNEL AND REFERENCES Our core team of associates assigned to this project all possess relevant experience, including many years of public service and consulting expertise. As mentioned, Management Partners has a strong project team that is well qualified to complete this work for the City of South Miami. The qualifications of our key team members are provided below. We have included complete resumes for each person in the attachment to this response. With over 100 associates from every discipline in local government, we can assign Management Partners’ consultants for any projects as appropriate. As a result, we will not need to hire sub-contractors to complete this project. Amy Cohen Paul, Corporate Vice President  Has more than 30 years of experience in local government management, performance measurement and strategic planning.  Assists public agencies in developing strategic and business plans, conducting organization reviews, implementing organizational improvements, identifying alternative service delivery methods, and designing and implementing performance management systems.  Was one of the original management team of the International City/County Management Association’s Center for Performance Measurement and helped produce ICMA’s training materials on outcome measurement. Editor of the book Managing for Tomorrow: Global Change and Local Futures and is the author of many articles in professional publications, including The Municipal Year Book.  Has assisted a wide variety of cities, counties, special districts and individual government departments and agencies with visioning, strategic planning, goal setting, public engagement activities and other large- and small-scale facilitations. Gary D. Scott, CPRP, Special Advisor  Conducts complex operational analyses and audits for parks and recreation clients, including organization and budget reviews, maintenance and operation studies, revenue policies and projections, capital improvement programs, and best practices/benchmarking.  Expertise in process improvement, partnerships, and capital improvement programs; excellent facilitation and interview skills in employee, stakeholder, and public group meetings.  Worked as a planner, landscape architect, and director for the City of West Des Moines Parks and Recreation Department for 32 years.  Certified Parks and Recreation Professional through the National Parks and Recreation Association; licensed landscape architect in Iowa and California. Craig Bronzan, Special Advisor  More than 36 years of full-time experience in parks, recreation, and community services.  Since joining Management Partners, Craig has helped complete organization assessments, provide management services, advise on contracting for park and recreation services, and develop strategic plans related to recreation, parks and community services. He provides coaching and mentoring assistance to agencies and staff members related to professional growth.  Started his career in the City of Escalon where he served as the first recreation director. He was then hired by the City of Turlock and spent over 14 years being responsible for traditional park and recreation services and programs, including the Parks and Recreation and Arts 85 City of South Miami Page 9 Commissions. When the parks and recreation function was merged into the Police Services Department, Craig became responsible for prevention services, neighborhood associations, animal control, grants, code enforcement, the Police Activities League, and the records division as Custodian of Records.  Craig then became parks and recreation director for the City of Brentwood, with an annual budget of over $17 million and 26 full-time staff and over 200 part-time/seasonal employees. During that time, he was responsible for the construction of 58 parks, a full aquatic complex, a 38-acre sport facility, two community centers, a dog park, a skate/BMX park, five joint use gymnasiums with the two local school districts, and a joint use Olympic size aquatic facility at Heritage High School.  Among the jurisdictions he has assisted are the County of Monterey; Hayward Area Recreation and Park District (HARD); Mid-Peninsula Open Space District; the California cities of Stockton, Tracy, Riverside, Benicia, San Jose, Mission Viejo, San Luis Obispo, Scotts Valley and Chula Vista; and Oakland Park, Florida.  Craig has been active and served on policy boards of the California Park and Recreation Society, National Recreation and Park Association, and the League of California Cities Community Services division. He is also a former two-time chair of the Pacific Southwest Maintenance Management School and continues to serve in a Regent Emeritus capacity with the school. Jacquelyn McCray, Ph.D., AICP, Partner  Professional urban planner with extensive experience and success helping local governments create strategic plans and community visions, reform and improve development review processes, analyze organizations and workflows, develop performance measures, and analyze peer benchmarking data.  Jacquelyn has designed and facilitated strategic planning and goal setting workshops for the following organizations: Roswell, Georgia; Parkland, Margate, Port Orange, West Palm Beach and Wilton Manors, Florida; Las Cruces, New Mexico; Wheaton. Illinois; McFarland, Wisconsin; Florence, Kentucky; Rochester, Minnesota; Boulder City, Nevada; Madison, Connecticut; Port Chester, New York; Bladensburg, Maryland; Newport, Rhode Island; Cass County and Ingham County, Michigan; Morgantown, West Virginia; the Mansfield Downtown Partnership, Mansfield, Connecticut; Montgomery, Ohio; the Louisville, Kentucky Health Department; Mansfield, Connecticut; Hamilton County, Ohio Department of Job and Family Services; Lake County, Illinois; and The Advance, a Division of the General Board of Global Ministries of the United Methodist Church.  Expertise in process improvement and reengineering of local government development review processes and procedures; excellent interview and facilitation skills; ability to engage employee and stakeholders in focus group meetings.  Worked as budget analyst, project manager and land-use manager with the City of Cincinnati; served as vice chairperson and member of the Cincinnati City Planning Commission for nine years.  Member of the American Institute of Certified Planners (AICP). Mahdi Aluzri, AICP, PE, Special Advisor  Nearly 35 years in public service experience, most recently as city manager and assistant city manager of Beverly Hills, California.  Has a proven record of effective leadership with a strategic approach to problem solving and strong management expertise. 86 Performance Based Audits Page 10  Extensive project management and development skills focusing on outcome and results.  Licensed professional engineer in the state of California and member of the American Institute of Certified Planners.  Long-standing member of the International City/County Management Association and the Urban Land Institute. Christopher A. Bigham, CPA, Special Advisor  Over 30 years of local government experience specializing in management of support services and financial services including budget, finance, internal audit, pension, human resources, information technology and data analytics.  Former assistant city manager for the City of Cincinnati, responsible for an all-funds budget of $1.4 billion.  As budget director for seven years, worked directly with the city manager and elected officials to get the annual budget adopted.  Led Cincinnati’s Recreation Department, gaining valuable perspective on front-line operations.  As finance manager, was responsible for estimating annual revenues for all City funds and reviewing and adjusting estimates during the fiscal year.  Has repeatedly demonstrated a proactive approach to decision-making and implementing change in an organization Bill Moller, Senior Partner  More than 35 years of local government management experience with expertise in general administration, public finance and budget, performance measurement, and strategic planning.  Served the City of Cincinnati, Ohio for more than 30 years in positions that included deputy city manager, finance director, assistant finance director, and budget director.  After retiring from the City of Cincinnati, held assistant city manager positions with the City of Hamilton, Ohio and City of Covington, Kentucky and the finance director position for the City of Hamilton.  Consulting work includes engagements with Burlington Vermont; Charlotte, North Carolina; Cincinnati, Ohio; Covington, Kentucky; Hamilton County, Ohio; Loveland, Ohio; New Bedford, Massachusetts; Palm Beach County, Florida; and Schaumburg, Illinois. Peg Rowe, Special Advisor  Peg Rowe has worked in public administration for more than 25 years and has been a huge contributor to building high performance organizations and implementing changes to improve organizational culture, when warranted.  Served as assistant city manager and director of human resources for the City of Asheville (North Carolina) where she was responsible for recommending and interpreting human resources policies, hiring practices pursuant to state and federal laws, and merit principles.  Served as director of human resources in both Hillsborough and Pinellas Counties (Florida) where she was responsible for the full array of human resources functions including training, organizational development, employment, compensation and classification, benefits, employee relations and communications.  Worked as a human resources manager in the private sector for over a decade in the role of corporate employment and benefits administrator and as corporate trainer for a national corporation.  Served as the chair for the Western North Carolina Diversity Coalition. 87 City of South Miami Page 11  Currently serves on a Human Resources Committee for the National Forum for Black Public Administrators (NFBPA).  Certified member of SHRM and IPMA-HR.  Regular participant in programs and discussions offered by Government Alliance on Race and Equity (GARE). Bruce Robertson, Special Advisor  More than 40 years of experience in law enforcement, 25 of them as command staff.  Most recently Bruce served as police chief in Centerville, Ohio, where he was responsible for all aspects of department operations and delivery of police services.  Developed and oversaw a budget of more than $7 million with 40 sworn police officers and 17 civilian staff.  Has expertise in both line and staff functions and experience writing and implementing more than 900 policies and procedures to achieve CALEA accreditation.  Has completed FBI National Academy Session 233rd, Northwestern University’s School of Staff and Command, and the Ohio Association of Police Chiefs’ Police Executive Leadership College.  Has a Bachelors in Business Management with a concentration in human resources from Wright State University, and a Masters in National Security Studies from the Naval Post Graduate School. References We are happy to provide contact information for any former client and have selected to highlight five clients in Florida that we have worked with in the last three years. Sarasota County, Florida County Management System Review Management Partners conducted a management system review for Sarasota County. Topics covered during the review included strategic and work planning, operating and capital improvement budget planning, information technology planning, and financial sustainability planning, management communications, budget and capital project management, contract management, performance management, commission support, procurement processes, asset management, and communications with the public; and hiring and employee relations, performance appraisals, employee recognition, organization development, talent management, and succession planning. We conducted interviews with County leaders, including senior staff and department directors, to understand and document the current system. From that information, we developed a workbook in preparation for a workshop with the County’s leadership team. We facilitated the workshop to discuss Sarasota County’s management system and hear ideas for improvement for each of the elements in the management system. Following the workshop, we prepared an Implementation Action Plan to assist the County with the phasing and scheduling of each initiative resulting from the management system review workshop Contact: Mr. Jonathan R. Lewis, County Administrator 1660 Ringling Blvd., Sarasota, FL 34236 (941) 861-5293 jrlewis@scgov.net 88 Performance Based Audits Page 12 City of Gainesville, Florida Management Consulting Services – Procurement and Human Resources Process Improvement Management Partners conducted reviews of the City’s human resources and decentralized procurement functions, including associated business processes. We interviewed staff members from both the human resources department and the purchasing division as well as user departments, facilitated process mapping sessions and created process maps, and reviewed a variety of documents and available data. We examined the organizational structure, policies, processes, and procedures currently in use, and the ideas of involved staff and major users to provide recommendations for improvement. Our recommendations touch on the need to increase training and communication among and between centralized support staff and user departments and identified numerous process efficiencies. Contact: Mr. Lee Feldman, City Manager 200 East University Avenue, Gainesville, FL 32601 (352) 393-8601 Mobile: (954)-999-2115 Pinellas County, Florida Management System Review Management Partners conducted a management system review for Pinellas County that included strategic and work planning, operating and capital improvement budget planning, information technology, and financial sustainability planning; communications, performance management, commission support and administrative processes; and organization development, talent management, succession planning, hiring and employee relations, performance appraisals, and employee recognition. We used a process built on engagement with senior staff and department directors to understand and document the current system. We facilitated a workshop with senior staff and department directors to discuss Pinellas County’s management system and hear feedback from workshop participants about ideas for improvement for each of the elements in the management system. Afterward, we prepared an implementation action plan to assist the County with the phasing and scheduling of implementation steps resulting from the management system review workshop Contact: Mr. Barry Burton, County Administrator 315 Court Street, Clearwater, FL 33756 (727) 464-3485 bburton@co.pinellas.fl.us City of Wilton Manors, Florida Strategic Planning Management Partners assisted the City of Wilton Manors with the development of a five-year strategic plan. The process included interviews with the mayor, Commission members, the city’s leadership team, and residents. We also developed an employee survey and community survey to gather additional feedback. We then facilitated a work session with the Commission to develop vision and mission statements and a set of organizational values and identified goals and strategic priorities. After Council adopted the strategic plan elements, we worked with staff to develop an implementation action plan for the strategic priorities. Contact: Ms. Pamela Landi, Asst. City Manager 2020 Wilton Drive, Wilton Manors, FL 33305 (954) 390-2103 plandi@wiltonmanors.com 89 City of South Miami Page 13 Palm Beach County, Florida Clerk and Comptroller Finance Services Organization Review Management Partners assisted the Palm Beach County Clerk and Comptroller with an evaluation of the Finance Services Department. The project included an assessment of staffing and reporting relationships, department responsibilities, organizational structure, and the use of technology systems. The report includes recommendations for improving Finance operations for the divisions of budget and financial analysis; accounting; grant and contracts, payables, revenue and cash management, and financial reporting; and finance systems and project management, board services, shared services and procurement. Management Partners’ organization assessment resulted in recommendations for improvement that will inform and assist the in-coming clerk and comptroller with realigning key reporting relationships, enhancing the use of technology systems, improving workplace morale, identifying key processes for workflow analysis and improving turnaround times, improving performance management, and developing succession and cross-training plans Contact: Ms. Sharon R. Bock, Clerk 205 N. Dixie Highway, West Palm Beach, FL 33401 (315) 355-2996 sbock@mypalmbeachclerk.com State of Florida Clients In addition to assisting South Miami with its performance audits beginning in 2016, Management Partners has completed engagements for 13 clients in the State of Florida in the past three years. The table below provides a summary. We will provide complete contact upon request Client Brief Description Bay Harbor Islands Mayor and Council Priority Setting Workshop Doral Organization Structure Review Gainesville Human Resources Process Improvement Gainesville Procurement Process Improvement Highland Beach Human Resources Training Hollywood Community Redevelopment Agency Analysis Lake Worth Strategic Planning Oakland Park Fire Rescue Report Assess and Development Oakland Park Facilities and Space Utilization Study Oakland Park Implementation of GPS in City Vehicles Oakland Park Maintenance of Public Spaces Palm Beach County Clerk of Courts Org Review Pinellas County Management System Review Pinellas County Organizational Structure -Purchasing Review Sarasota County Management System Review South Miami Performance Based Audits-Finance and Personnel South Miami Performance Based Audits-Finance and Personnel South Miami Performance Based Audits-Finance and Personnel St. Augustine Development Review West Palm Beach Strategic Priority Facilitation Wilton Manors Strategic Planning 90 Performance Based Audits Page 14 OTHER RELEVANT EXPERIENCE Our key team members have been involved in many engagements which are similar to the scope of services requested by the City of South Miami. We have selected three case studies to highlight their relevant experience. The title of each project is a link to the final report or memorandum issued to the jurisdiction. City of Mequon, Wisconsin Community Development Operational Analysis Management Partners was hired by the City of Mequon to conduct an organizational analysis of the Community Development Department and identify recommendations for improvement.  The analysis resulted in recommendations for improving operations and workflow, customer service and communication and the use of technology and software. Both Amy Paul and Jacquelyn McCray were key members of this engagement. City of Mission Viejo, California  Animal Services Organization Review Management Partners was retained by the City of Mission Viejo to conduct a high-level review of the Animal Services Division with the goal of assessing current staffing, organizational structure, and operations to identify opportunities for improvement. We interviewed management staff of the division and key volunteers, developed and deployed a survey of staff and Animal Services volunteers, conducted publicly available peer comparisons and analyzed staffing and operations. The recommendations in the project report provided specific improvements to the organizational structure and staffing; customer service; communications; training; volunteers; agreements with service providers and the use of technology. The accompanying Implementation Action Plan provided the details to ensure recommendations are implemented successfully. Amy Paul was the project manager for this engagement. City of Eastvale, California  Parks and Recreation Service Delivery Analysis The City of Eastvale engaged Management Partners to help understand the alternatives for transitioning parks and recreation services from two special services districts to City control. Craig Bronzan was a key member of this engagement. 91 City of South Miami Page 15 CONCLUSION Management Partners has the experience, the professional talent, and the commitment to quality necessary to successfully complete this project for South Miami. We welcome the opportunity to provide additional information that may be helpful, and we look forward to the chance to discuss the ideas contained in this proposal. Cover photo: Courtesy of the City of South Miami Facebook page 92 Performance Based Audits Page 16 ATTACHMENT – REQUIRED FORMS 93 PROPOSAL SUBMITTAL CHECKLIST FORM PERFORMANCE BASED AUDITS RFP #FN2022-13 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below to be Completed IF MARKED WITH AN “X”: Check Completed. X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Supplemental Instructions for Respondents, located prior to the Proposal Submittal Checklist Form. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Respondents Cost & Technical Proposal, EXHIBIT 4 X Signed Contract Documents EXHIBIT 6 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 17 of 60 X X X X X X N/A X X X X X X N/A reviewed, will sign if hired 94 RESPONDENT QUALIFICATION STATEMENT PERFORMANCE BASED AUDITS RFP #FN2022-13 The response to this questionnaire will be utilized as part of the CITY’S overall Proposal Evaluation and RESPONDENT selection. 1.Number of similar projects completed, a)In the past 5 years b)In the past 10 years 2.List the last five (5) completed similar projects. a)Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: b)Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price c)Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: d)Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Price: e)Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Price: Actual Final Contract Price: 18 of 60 South Miami Performance Audit - Finance and Personnel Ms. Shari Kamali, City Manager 6130 Sunset Drive, South Miami, FL 33143 (305) 668-2510 $39,900 El Segundo City Clerk Organization Assessment Ms. Rebecca Redyk, Human Resources Director 350 Main Street, El Segundo, CA (310) 524-2335 $35,900 Lafayette Planning and Engineering Organization Review Ms. Tracy Robinson, Administrative Services Director 3675 Mount Diablo Blvd, Lafayette, CA 94549 (925) 299-3227 $36,900 Blaine Fleet Rightsizing Study Ms. Michelle Wolf, City Manager 10801 Town Square Drive, Blaine, MN 55449 (763) 785-6120 $37,900 Pasadena Building and Safety Division Business Process Assessment Mr. David Reyes, Director of Planning and Comm Development 175 North Garfield Avenue, Pasadena, CA 91101 (626) 744-4650 $73,875 $73,875 196 Organization Analysis Projects 319 Organization Analysis Projects 95 3.Current workload Project Name Owner Name Telephone Number Contract Price 4.The following information must be attached to the proposal. a)RESPONDENT’s home office organization chart. b)RESPONDENT’s proposed project organizational chart. c)Resumes of proposed key project personnel, including on-site Superintendent. 5.List and describe any: a)Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b)Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6.Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: 19 of 60 Cudahy, CA ARPA Assistance and Strategic Planning u Baton Rouge Library Strategic Plan Update Brisbane, CA Community Development Process Improvement Santa Ana Lobbyist Ordinance Development Stanislaus County, CA Fleet Chargeback Project $49,900 $29,950 $55,000 $13,800 $99,900 139 Other Active Projects Mr. Alfonso Noyola, City Manager 323-773-5143 Mr. Spencer Watts, Director (225) 231-3750 Mr. Stuart Schillinger, Asst City Manager (415) 508-2151 Ms. Daisy Gomez, Clerk of Courts (714) 647-6520 Mr. Dan Wirtz General Services Agency Director (209) 525-4664 NONE NONE NONE West Palm Beach, Florida 401 Clematis Street, West Palm Beach, FL 33401 (561) 822-1400 Ms. Faye Johnson, City Administrator Strategic and Business Planning Gainesville, Florida See attached See attached See attached 96 END OF SECTION Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 20 of 60 200 East University Avenue, Gainesville, FL 32601 (352) 393-8601 Mr. Lee Feldman, City Manager Business Process Improvement - HR and Procurement Palm Beach County, Florida 205 North Dixie Highway, West Palm Beach, FL 33401 Ms. Sharon Bock, County Clerk Organization Analysis (561) 355-2996 97 Management Partners Home Office Organization Chart Proposed Project Organization Chart Management Partners has a strong project team that is well qualified to complete this work for the City of South Miami. Amy Paul, Corporate Vice President, will serve as project manager and will oversee the substantive work and execution of the contract. Amy will be joined by project teams selected for each specific subject area identified. Amy Paul Project Manager Police and Public Works Planning & Zoning Buildings Finance Jacquelyn McCray Partner Bruce Roberson Special Advisor Bill Moller Senior Partner Mahdi Aluzri Special Advisor Chris Bigham Special Advisor Parks and Recreation Gary Scott Special Advisor Craig Bronzan Special Advisor Code Enforcement & Human Resources Jacquelyn McCray Partner Mahdi Aluzri Special Advisor Peg Rowe Special Advisor . We have included complete resumes for each person below. 98 RESUMES AMY COHEN PAUL Amy Cohen Paul, Corporate Vice President, has over 30 years of experience assisting local governments with projects to improve efficiency, effectiveness and overall performance. Relevant Projects Amy has managed a variety of Management Partners’ process improvement, strategic planning, organization review, and performance measurement and benchmarking projects. She has worked with small and large jurisdictions, as well as special districts. A sampling of clients she has helped with fleet projects include Garfield County, Colorado, Concord, Napa, Santa Cruz, Santa Maria, and San Marino, California. A sampling of clients she has helped with process improvement projects includes North Port and Largo, Florida; Lexington-Fayette Urban County Government and Louisville, Kentucky; Des Moines, Iowa; the City of Rockville, Howard County, and the Maryland-National Capital Park and Planning Commission, Maryland; Oklahoma City, Oklahoma; and Burlingame, Gilroy, Santa Cruz, San Leandro, and Stockton, California. A sampling of clients she has helped with strategic planning and goal setting include the Town of Mansfield and the Mansfield Downtown Partnership, Connecticut; Boulder City, Nevada; the cities of Huntington Beach, La Palma, and Pittsburg, the Orange County Cemetery District, and the Solano Irrigation District, California; Orange, Bay Harbor Islands and Margate, Florida; the City of Louisville and the Louisville Department of Health, Kentucky; the Hamilton County Job and Family Services Agency and the Hamilton County Solid Waste District (Ohio); and Montgomery, Ohio. Experience She has also assisted a wide variety of jurisdictions with organization reviews, strategic planning and performance management systems. Her focus is on identifying meaningful, results-oriented measurements and researching industry best practices. A sampling of clients she has assisted with organization reviews and performance management systems includes: Berkley, Burlingame, San Jose, San Leandro, Oakland, Woodland and Marin County, California; Manchester, Connecticut; Louisville, Florence, and Kenton County, Kentucky; Des Moines, Iowa; Rockville, Maryland; the Unified Government of Wyandotte County/Kansas City, Kansas; Kansas City, Missouri; Arlington Public Schools, Virginia; the District of Columbia; Rye, New York; Lexington, Massachusetts; and Montgomery and Westerville, Ohio. Expertise 99 Her expertise includes research and training in performance measurement and benchmarking, process improvement, total quality management, strategic and business planning, organizational development, and identifying service sharing opportunities among jurisdictions. She is also a skilled facilitator and trainer. Education Amy earned a bachelor’s degree in public communication and a master’s degree in public administration from The American University. Other Amy was part of the original management team of the International City/County Management Association’s (ICMA) Comparative Performance Measurement Consortium. It originally was a group of about 40 large cities and counties in the U.S. and Canada and grew to more than 120 jurisdictions. Amy has designed and presented performance measurement and benchmarking training sessions for more than 75 individual jurisdictions, as well as for the ICMA University. She helped design a CD-ROM training program to help local government staff develop outcome-based indicators. She also has been active in designing and leading community workshops on performance measurement with the National Civic League. Amy directed a three-year Leadership Development Program for the ICMA, funded by the W.K. Kellogg Foundation. She developed a multi-media training program and implementation materials for public boards, commission and committees. She also directed a two-year FutureVisions Program for the ICMA, working with 67 communities. She is the editor of the book, Managing for Tomorrow: Global Change and Local Futures, and is the author of many articles in professional publications, including ICMA’s The Municipal Year Book. GARY D. SCOTT Gary Scott, Special Advisor, joined Management Partners in 2017 after 36 years of experience in parks and recreation in the public and private sectors. He focuses his professional efforts on long-range and strategic planning, public engagement, advocacy, local and regional partnerships, planning and implementation of Capital Improvement Plans (CIP), process improvement, and effective management. For Management Partners, he advised on the operational analysis for the City of Cedar Rapids Parks and Recreation department and on the operational audit for the City of South Miami Parks and Recreation Department. Experience At the City of West Des Moines, Iowa, where he worked for 32 years, he oversaw the expansion of the park system by 900% while the population of the City tripled. This includes 40 parks and greenways (1275 acres), a community center, a 232 acre lake with swimming beach and boat launch facility, a nature lodge, a teen center, 50 miles of trails, two outdoor aquatic centers, two cemeteries, a maintenance shop, seven miles of landscape medians and the grounds of a historic downtown and seven municipal buildings. 100 He helped initiate and establish three different non-profit organizations in West Des Moines to both institutionalize input from stakeholders as well as raise additional funds for department programs and activities. These collaborative skills helped the City pass a $15 million bond referendum for parks and aquatics in 2001, the only successful vote to raise the City’ municipal tax rate in the last 28 years. Along with three other metro area colleagues, he formed a metropolitan trails and greenway organization in 1992 that has evolved to provide guidance for 25 years in planning and building the Des Moines regional trails and greenway system. He initiated both a public art program and bike friendly community program with associated budgets through the establishment of a West Des Moines Public Arts Advisory Commission and Bicycle Advisory Commission. Expertise Gary specializes in planning, financing, building/renovating, and managing parks and open space systems. He excels in collaboration with others to meet shared goals. Gary’s commitment to continuous learning and improvement has helped organizations he has worked with deliver service whether political support and the budget are expanding or contracting. For 16 years he had a leadership role in the formal quality improvement program and the Balanced Scorecard system for the City of West Des Moines, which allowed the City and his department to maintain or expand most service levels despite an increasingly constricted budgetary environment. As vice president for Finance and then president of the American Society of Landscape Architects from 2006 to 2011, he oversaw the reduction of 20% of the staff and budget of the national professional society while maintaining core services, allowing the organization to survive and grow even larger when the economy improved. Education Gary earned his Bachelor of Science in Landscape Architecture (Distinction) from the University of Wisconsin-Madison. In addition to his service to the City of West Des Moines for 32 years (26 as director), he worked as a landscape architect for HDR-Cochran and Wilken in Springfield, Illinois for four years immediately after graduating. Other Gary has been recognized for his accomplishments by being named a fellow of the American Society of Landscape Architects and receiving the Richard J. Slattery Professional Award from the Iowa Parks and Recreation Association. He is a Certified Parks and Recreation Professional (CPRP) and a licensed landscape architect in Iowa and California. CRAIG BRONZAN Craig Bronzan, Special Advisor, has more than 36 years of full-time experience as a third generation parks, recreation, and community services professional. He has extensive experience in parks and recreation maintenance and programs, park and facility design and planning, community outreach, citizen involvement, and contracting for services. He started his career in recreation in a part-time capacity in high school and through college, working as a sports official, coach, playground leader, and special events and program coordinator. 101 Relevant Projects Since joining Management Partners in 2014, Craig has helped complete organization assessments, conduct executive coaching, provide management services and develop strategic plans related to recreation, maintenance, parks, community services and cultural arts. Among jurisdictions he has assisted are the County of Monterey; Hayward Area Recreation and Park District (HARD); Mid-Peninsula Open Space District; the California cities of San Luis Obispo, Stockton, Tracy, Riverside, Benicia, San Jose, Mission Viejo, Scotts Valley, Chula Vista, Perris, Cypress, and Union City; and Oakland Park, Florida. Experience Craig’s first director position was in the City of Escalon. He then worked for over 19 years with the City of Turlock where he held various positions including recreation supervisor, recreation superintendent, assistant director of community activities and facilities, administrator of recreation and neighborhood services, and community services manager. During his tenure in Turlock he was responsible for traditional park and recreation services and programs, including the Parks and Recreation and Arts Commissions. For the last five years in Turlock, with the merging of parks and recreation into the Police Services Department, Craig also became responsible for prevention services, neighborhood associations, animal control, grants, code enforcement, the Police Activities League, and the records division as Custodian of Records. In 1998, Craig was hired as the first Parks and Recreation director for the City of Brentwood. Over a period of 15 years, Craig developed an award winning department that served as a model for others in the parks and recreation field in California. As Brentwood’s population grew from 18,000 to over 52,000, Craig provided leadership and management for construction of 58 parks, an aquatics complex, a 38-acre sport facility, two community centers, a dog park, a skate/BMX park, five joint use gymnasiums with the two local school districts, and a joint use Olympic-size aquatic facility at Heritage High School. The Parks and Recreation Department received numerous design and programs awards and was recognized as one the 100 Best Communities for Youth in the nation, was a six-time winner of the Playful City award, is a bicycle friendly community, and is recognized as a HEAL (Healthy Eating an Active Lifestyle) City. In Brentwood, Craig managed an annual budget of over $17 million with a full-time staff of 26 and over 200 part-time and seasonal employees. He was also responsible for staffing several commissions, including a Park and Recreation Commission, an Arts Commission, a Youth Commission, and the Brentwood Advisory Neighborhood Committee. The Parks and Recreation Commission was recognized in 2004 by the National Recreation and Park Association as the outstanding commission in the nation. The City of Brentwood is one of the leaders in California for contracting landscape and maintenance services, a subject Craig has made presentations on at professional association meetings. It was also one of the first communities in California to require residential development to contribute to the City’s public art program. Education 102 He received his Bachelor of Science degree from California State University, Fresno, and his Master’s in Public Administration from California State University, Stanislaus. Other Craig has been active and served on policy boards of the California Park and Recreation Society, National Recreation and Park Association, and the League of California Cities Community Services division. He is also a former 2-time chair of the Pacific Southwest Maintenance Management School and continues to serve in a Regent Emeritus capacity with the school. Craig continues to consult throughout the State providing coaching and mentoring assistance to agencies and staff members related to professional growth and contracting for park and recreation services. JACQUELYN MCCRAY, PH.D., AICP Jacquelyn McCray, Partner, has been a key staff member on myriad projects creating strategic plans, facilitating community engagement, and analyzing development review processes, performance measurement and organizational review. She is particularly adept at strategic planning, process improvement, benchmarking, performance management, training and development, and focus group facilitation. She is a skilled civic engagement and group process facilitator and has served various civic and professional groups in this capacity. Jacquelyn has nearly three decades of experience in local government management. Nine of those years were with the City of Cincinnati, where she was a budget analyst, project manager and land-use planner. She is a member of the American Planning Association and the American Institute of Certified Planners (AICP). Relevant Projects Jacquelyn has extensive experience assisting large and small development and planning departments improve intake and customer service, permitting and interdepartmental operations for land development application review and approval. Her most recent development process improvement clients include Redwood City, California; Aurora, Colorado; Cape Coral, Delray Beach, Largo, North Port and St. Augustine, Florida; Saint Paul, Minnesota; Town and Country, Missouri; Fernley, Nevada; Doña Ana County, New Mexico; Norman, Scarsdale, New York; Oklahoma and Mequon, Wisconsin. She has assisted many organizations with mission and vision setting, the identification of critical environmental indicators, and in crafting goals and objectives in the completion of strategic planning projects. Specifically, she has assisted the following cities and organizations to develop strategic plans: Mansfield Downtown Partnership, Town of Mansfield, Connecticut; Cities of Lakeland, Margate, Parkland, Port Orange Wilton Manors and West Palm Beach, Florida; Lake County, Illinois; City of Florence, Louisville Health Department, Kentucky; Town of Bladensburg, Maryland; Cass County and Ingham County, Michigan; City of Rochester, Minnesota; City of Las Cruces, New Mexico; City of Boulder City, Nevada; Village of Port Chester, New York; Butler County Transportation District, Hamilton County Department of Job and Family Services, City of Montgomery, Ohio; City of Newport, Rhode Island; City of Morgantown, West Virginia; Village of McFarland, Wisconsin; The Advance, a Division of the General Board of Global Ministries of the United Methodist Church; and others. Experience 20+ years in local government consulting, and nine years in local government service Expertise 103 Strategic and business planning, facilitation, process improvement, organizational development, development review. Education Jacquelyn completed her doctoral studies at Antioch University in Leadership and Change. She also holds a bachelor’s degree in urban planning and a master’s degree in public administration from the University of Cincinnati. Other Jacquelyn previously served as a member and vice chairperson of the Cincinnati City Planning Commission for nine years and is a board member of the Ohio Chapter of the American Planning Association. MAHDI M. ALUZRI Mahdi Aluzri, Special Advisor, has 35 years of public service experience in a variety of positions. He began his career with the City of Los Angeles as a plan review engineer. He then went to the City of Beverly Hills for close to 30 years working in different capacities as a manager, department head, assistant city manager and eventually city manager. Experience During his years as city manager, Mahdi was responsible for developing polices to present to the Council, developing the annual budget of over $450 million, and overseeing nine operating departments with over 1,000 employees. He also served as deputy city manager for the City of Rancho Cucamonga, where he oversaw community development functions which included public works, engineering, utilities, planning, building and safety and code enforcement. Mahdi has strong background in economic development and was instrumental in creating opportunities for business retention/attraction in Rancho Cucamonga and Beverly Hills, California. He led teams for two major public private partnerships for mixed use projects in both cities. In addition, he was responsible for developing economic development strategies as part of the City of Sunbury, Pennsylvania Strategic Management Planning Program project. As a public service professional, Mahdi has a proven record of effective leadership with a strategic approach to problem solving and strong management expertise, all with a consensus building approach. He has extensive project management and development skills focusing on outcomes and results. Mahdi has a strong work ethic with an exceptional customer service orientation. Education Mahdi earned a master’s degree in Business Administration from Loyola Marymount University and bachelor’s and master’s degrees in civil engineering from the University of Southern California. Other 104 He is a licensed professional engineer in the state of California and is a member of the American Institute of Certified Planners. He is also a long-standing member of the International City/County Management Association and the Urban Land Institute. BRUCE ROBERTSON Bruce Robertson, Special Advisor, has 40 years of experience in law enforcement, 25 of them as command staff. Experience As the police chief in Centerville, Ohio, Bruce oversaw a force with 40 sworn police officers and 17 civilian staff and a budget of more than $7 million. He was responsible for all aspects of department operations and delivery of police services. As commander of the operations division and deputy chief, he oversaw road patrol, criminal investigations, staff services and records/communications and served as liaison/coordinator for National Incident Management System/Disaster Preparedness Plan for the Police Department. As lieutenant he supervised a staff that handed over 35,000 calls for service per year and oversaw the associated investigations while also serving as commander of line operations and assistant to the police chief. He also wrote and implemented more than 900 policies and procedures to achieve CALEA accreditation status. Bruce also established and oversaw training, career education, recruitment and selection functions. Expertise His skills include demonstrated proficiency in communication center operations, community-oriented policing, problem-oriented policing, crime prevention, community relations, public information, criminal investigations, section operations, emergency operations/ homeland security, patrol functions, employment laws, recruitment, selection and promotion. Bruce is a certified Ohio Police Officer Training Academy instructor with national teaching experience, including criminal investigations, interview and interrogation, internal affairs investigations, background investigations and hiring, and mindful listening skills. As an assessor and team leader for the Commission on Accreditation of Law Enforcement Agencies (CALEA) since 1985, Bruce has done onsite assessments of over two dozen police departments that involve a critical review and audit of many department policies, administrative practices and operations. Education He completed Northwestern University’s School of Staff and Command and the Ohio Association of Police Chiefs’ Police Executive Leadership College. WILLIAM E. MOLLER Bill is a Senior Partner for Management Partners in Cincinnati, Ohio. He has over 35 years of local government management experience with expertise in general administration, public finance and budget, performance measurement, and strategic planning. He had a 30-year career with the City of Cincinnati, Ohio where he served as deputy city manager, finance director, assistant finance director, and budget director. He also held positions at the Regional Computer Center and Health Department. After retiring from the City of Cincinnati, he held assistant city manager positions with the City of 105 Hamilton, Ohio and City of Covington, Kentucky and the finance director position for the City of Hamilton. He has also provided consulting assistance to the cities of Cincinnati, Covington, and Hamilton. Expertise During his career, Bill has had direct responsibility for finance, economic and community development, health, public works, engineering, parks and recreation, information technology, and building code enforcement. He also served as liaison with City Council and City Commission committees, reviewing and presenting reports and coordinating committee agendas. He has served as a chief labor negotiator and on negotiations teams in three cities. Experience Bill’s experience as finance director includes all aspects of public finance: structurally balanced budgets for the general fund and other funds, including major utility funds; multi-year financial forecasting for all revenue sources and expenditure categories; public debt analysis and issuance; creating economic development financing plans; treasury operations including revenue collection and the investment of public funds; pension system management; procurement of goods and services; and accounting and auditing. Both Moody’s and Standard and Poor’s upgraded the City of Cincinnati’s bond rating (AA+, AA1) while he was finance director. He also coordinated and provided local government finance training for the U.S. State Department’s Cincinnati – Kharkiv (Ukraine) Partnership program. The cities Bill served received the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting and the Distinguished Budget Presentation Award. He also served on the GFOA Committee on Governmental Budgeting and Fiscal Policy. He has been a presenter and panel moderator at GFOA Annual Conferences. He also was selected for and completed the prestigious GFOA Advanced Government Finance Institute. Bill has established performance benchmarks for city departments, developed and implemented strategic plans, and led the establishment of a parks and recreation foundation. He participated on the executive leadership teams in Covington and Hamilton that produced first strategic plans for both cities. He also coordinated a series of Cincinnati City Council/City Administration retreats that resulted in the city’s first comprehensive benchmarking. Education Bill has a master of business administration degree in finance from Xavier University, a master of science degree in criminal justice administration from Michigan State University, and a bachelor of science in community services degree from the University of Cincinnati. CHRISTOPHER A. BIGHAM, CPA Christopher A. Bigham, CPA, Special Advisor, has over 30 years of municipal experience specializing in budget development, finance reporting, decision making, process improvement and relationship building to effectively get the job done. He has extensive experience in strategic planning, process improvement, and community engagement Experience Chris’ local government experience includes over 30 years of service with the City of Cincinnati with progressive responsibility throughout his career. As assistant city manager, he continued his role as 106 budget director and expanded his responsibilities to also manage finance, internal audit, pension, human resources, information technology and data analytics. As budget director for seven years, he worked directly with the city manager and elected officials to get the annual budget adopted. Before his budget director role, Chris served as director of the Recreation Department where he created and implemented the department’s strategic plan. During that process, he annually reviewed the department’s mission and vision with staff to tailor programming and neighborhood needs to each of Cincinnati’s 52 neighborhoods. He also prioritized budgets and reviewed fees and charges to offer programs to maximize the impact to the communities and city. Prior to Recreation director, he was the City’s finance manager. In that role he was responsible for estimating annual revenues for all City funds and reviewing and adjusting estimates during the fiscal year, as necessary. He also prepared monthly financial reports for City Council including revenue variance reports and bank reconciliations. He often enforced and interpreted the Cincinnati Municipal Code and Ohio Revised Code. He also oversaw the City’s Comprehensive Annual Financial Report and worked with state auditors to continually receive a clean audit. Education Chris holds a Bachelor of Science degree in accounting from the University of Cincinnati. He is a Certified Public Accountant in the State of Ohio. Other Chris has served in various internal and external positions of responsibility including as chair of the City’s IT Governance Committee, Cincinnati Area Geographical Information System committee member, Data and Performance Analytics panel member, and State of Ohio Integrating Committee member. 107 MARGARET R. (PEG) ROWE Peg Rowe has extensive public-sector and private-sector experience in human resources, public health and related administrative positions. She has served in government positions at the city, county and state level. Experience Most recently Peg served as Assistant City Manager and Director of Human Resources for the City of Asheville, North Carolina. Prior to Asheville, she served as Director of Human Resources in Hillsborough and Pinellas counties in Florida. In all three jurisdictions she was responsible for the full array of human resources functions including training, organizational development, employment, compensation and classification, benefits, employee relations, and communications. She also recommended and interpret human resource policies, hiring practices pursuant to state and federal laws as well as merit principles. In Asheville she was also responsible for Internal Services Departments, assisted the City Manager with operationalizing Council goals, oversaw the Human Resources Department, Information Technology Department, the Audit Division, Sustainability and General Services, and assisted the City Manager with oversight of the Asheville Police Department, Budget and Equity and Inclusion. Peg also served as State Office Policy Research and Development Manager for the State of Georgia’s Division of Public Health. Peg worked as a Human Resources Manager in the private sector for over a decade in the role of Corporate Employment and Benefits Administrator and as Corporate Trainer for a national corporation. Expertise Government operations, organizational development, strategic planning, operations and outcomes, organizational relations, customer relations and support. She has a passion for improving service, efficiencies and relationships in local government. Education Peg earned a bachelor’s degree in Criminal Justice from the University of Georgia and a master degree in Human Resources Development from Georgia State University. Other Peg served as the Chair for the Western North Carolina Diversity Coalition. She currently serves on a Human Resources committee for the National Forum for Black Public Administrators (NFBPA). She is also a member of ICMA and is a regular participant in programs and discussions offered by Government Alliance on Race and Equity GARE. She holds a Professional in Human Resources Certification from the Society for Human Resources Management, HR Certification from the International Personnel Management Association, and mediation certification. She is certified to deliver Zenger-Miller and Development Dimensions International (DDI) training. Peg attended ICMA’s Leading, Educating and Developing program (LEAD) for public leaders and has been a contributor to change management and building high performance organizations. Her work transforming an annual performance review process to regular check-in process was featured in the International Personnel Management Association (IPMA-HR) magazine. 108 109 NON-COLLUSION AFFIDAVIT PERFORMANCE BASED AUDITS RFP #FN2022-I 3 STATE OF OHIO ) ) COUNTY OF HAMIL TON ) Jerry Newfarmer _____________________ being first duly sworn, deposes and states that: (I) He/She/They is/are the ___ P_re_s_id_e_n_t_a_n_d_C_E_O ______________ _ (Owner, Partner, Officer, Representative or Agent) of Management Partners the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees, or parties of interest, including this affiant. Signed, sealed, and delivered in the presence of: :~ .. ~~--- Jerry Newfarmer, President and CEO Print Name and Title June 24, 2022 Date ACKNOWLEDGEMENT STATE OF OHIO COUNTY OF HAMILTON On this the 24th day of June , 20~. before me, the undersigned Notary Public of the State og Ohio, personally appeared (Name(s) of individual(s) who appeared before notary) 22 of 60 110 ___ J_e_r_r_y _N_e_w_f _a_rm_e_r _____________ and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. ~X: ~~ NOTARY PUBLIC: SEAL OF OFFICE: 23 of60 N~ry Public, State of,t;lel"idaCJh / o (Name of Notary Public: Print, S Personally known Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. L BECKSTEDT miss iofffl'J.-y Public ~ State of Ohio i My Comm . Expires c' Apr11 15, 2027 111 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST PERFORMANCE BASED AUDITS RFP #FN2022-I 3 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 Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, 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 prov1s1ons of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate, or agent who is also an officer or employee of the City of South Miami or its 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 City of South Miami [print name of the public entity] b Jerry Newfarmer, President and CEO y __________________________________ _ [print individual's name and title] for ___ ~M ....... a .... o .... ai',g,...e~ro ..... e .... o .... t ....... P~a .... ct ... o ... e ..... c .... s~---------------------- [print name of entity submitting sworn statement] 1730 Madison Road whose business address is Cincinnati, OH 45206 and (if applicable) its Federal Employer Identification Number (FEIN) is 31-1407585 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: _____________________ .) 2. understand that a "public entity crime" as defined in Paragraph 287.133 ( I )(g), Fl orida 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, proposal 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), fl2ci.d.i Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 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 24 of 60 112 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, will 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 will be considered an affiliate. 5. 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 proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] __ X_ Neither the entity submitting this sworn statement, nor any 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.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED 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 _2_4t_h ___ day of June 20.33.._. Personally known ..... · ___________ _ OR Produced identification ________ _ (Type of identification) Form PUR 7068 (Rev.06/ 11 /92) 25 of 60 ,c £/ ! 1 £. ~ A~/J -/44 7i . lJ1_,~..A My commission expires _______ _ (Printed, typed, or stamped commissioned name of notary public) JERI L BECKSTEOT Notary Public State of Ohio My Comm. Expires April 15, 2027 113 DRUG FREE WORKPLACE PERFORMANCE BASED AUDITS RFP #FN2022-I 3 Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: 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's 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 paragraph (I) above. 4) In the statement specified in paragraph (I) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or no/o 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. RESPONDENT, S;gnatura: ._)~ P . N Jerry Newfarme r rmt ame: Date: _____ ....::.J=u.;..;.n..:;.e...;;:2;....:4.L...=.2..:;.0=22=----------- 26 of60 114 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS PERFORMANCE BASED AUDITS RFP #FN2022-I l TO THE CITY OF SOUTH MIAMI We, Management Partners , (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the PERFORMANCE BASED AUDITS RFP #FN2022-1 l as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consulting Engineer, if any. against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation 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 response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: 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's 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 E-bid a copy of the statement specified in Section (I). 4) In the statement specified in Section (I), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must 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 this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: BY: ___ Je_r_r...._y _N_e_w_fa_r_m_e_r ______ _ Name President and CEO Title 27 of 60 115 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS PERFORMANCE BASED AUDITS RFP #FN2022-I 3 The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Flo ri da, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name appears on one or all the "Listings " summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http://www.dms .myflorida.com/business operations/state purchasing/vendor information/convicted suspended di scriminatory comJ)lalnts vendor lists DECLARATION UNDER PENAL TY OF PERJURY I, Jerry Newfarmer (hereinafter referred to as the "Declarant") state, that the following facts are true and correct: (I) I represent the Respondent whose name is Management Partners (2) I have the following relationship with the Respondent Pr esi d en t an d CEO (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms .myflorida.com/busi ness _operations/state _purchasing/vendor _information/ convicted_ suspended_ di scriminatory _complaints_ vendor _lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check the following categories if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. (Print name of Declarant) ACKNOWLEDGEMENT STATE OF OHIO COUNTY OF HAMIL TON ) ) On this the 24th day of ...,J..,.u,_,._n,.,,e~----• 20.22__, before me, the undersigned authority, personally appeared Jerry Ne wfarm er who is personally know to me or who provided the following identification and who took an oath or affirmed that that he/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL 28 of60 (Name of Notary Public: Stamp or type as commi s~ ~~-"o,..·-T~• .. ;i. + JERI L BECKSTEDT Notary Publlc State of Ohio My Comm. Expires April 15, 2027 116 RELATED PARTY TRANSACTION VERIFICATION FORM PERFORMANCE BASED AUDITS RFP #FN2022-13 Jerry Newfarmer , individually and on behalf of Management Partners ("Firm") have Name of Representative Company/Vendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section SA-I of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded; the statement in this section (2) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: ______________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: ___________________________________ (if 29 of 60 117 necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e ., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ______________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm , nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: ___________ _ __________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. ( I 0) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is in full compliance with the above requirements. s;gnatuce: J~ Print Name & T::;errvNfa;mer, President and CEO Date: __ Ju_n_e_2_4~, 2_0_2_2 ___ _ 30 of60 118 THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 EXHIBIT 3 Performance Based Audits RFP #FN2022-13 RESPONDENTS BID FORM I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachments A & B) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required . This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten ( I 0) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. 1 Dated: 6/16/'----2_2 ____ _ b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground 48 of 60 119 Facilities and conditions that may affect the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by Respondent in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: PLEASE REFER TO EXHIBIT 4, RESPONDENTS COST & TECHNICAL Failure to provide EXHIBIT 4, RESPONDENTS COST & TECHNICAL PROPOSAL will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit I, Attachments A & 8 shall be completed, in full, within N/A from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Management Partners Address: l 130 Madison Baad Ciociooati QH 45206 I I Telephone: Facsimile: 513 861 5400 Contact Person Jerry Newfarmer 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 9. This proposal is submitted by Management Partners Cincinna ti. OH 45206 , whose telephone number is 49 of60 whose address is1730 Madison Road 513-861-5400 , whose fax number is 120 -------, whose email address is jnewfarmer@managementpartners .com and whose authorized representative sign ing this Bid Form is Jerry Newfarmer whose title is President and CEO I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Sol icitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation , if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. s;gnatu,e, j ~ Date of Execution: _J_u_ne~2_4~1 _2_02_2 ______ _ Jerry Newfarmer [Print signatory's name] END OF SECTION 50 of60 121 EXHIBIT 4 RESPONDENTS COST & TECHNICAL PROPOSAL Performance Based Audits RFP #FN2022-13 PRICING SHOULD BE SUBMITTED IN ACCORDANCE WITH EXHIBIT I, "SCOPE OF SERVICES, ATTACHMENT A & B. RESPONDENTS SHALL ENTER THEIR PROPOSED COST FOR THE ANNUAL AUDIT AND A GRAND TOTAL OVER THE FIVE (5) YEAR TERM IN THE TABLE PROVIDED BELOW. NOTE: DEPARTMENT UNDER REVIEW SCHEDULE IS SUBJECT TO CHANGE: RESPONDENTS SHALL COMPLETE EXHIBIT 4, "RESPONDENTS COST AND TECHNICAL PROPOSAL" IN ITS ENTIRETY. FAILURE TO DO SO WILL RESULT IN THE SUBMITTAL DEEMED AS NON-RESPONSIVE AND DISREGARDED FROM FURTHER CONSIDERATION. Year Department Under Review Total Cost Year I: Parks and Recreation $32,900 Year 2: Planning & Zoning and Building $49,900 Year 3: Police and Public Works $ 49,900 Year 4: Finance, including MIS and Procurement Division $ 32,900 Year 5: Code Enforcement and Human Resources $ 32,900 $ 198,500 Grand Total: SUBMITTED THIS 28th DAY OF June 20.E_. ------------ PROPOSAL SUBMITTED BY: Management Partners 513-861-5400 Company Telephone Number Jerry Newfarmer N.:r of Pe rso Fax Number jnewfarmer@managementpartners.com Signature Email Address President and CEO Title END OF SECTION 51 of60 BIDDER Q. POUGH A. RIVEROL S. FRAGA- LOPEZ AVG RANK MANAGEMENT PARTNERS 1 1 1 1.00 MARCUM 2 2 2 2.00 BIDDER Q. POUGH A. RIVEROL S. FRAGA- LOPEZ TOTAL MANAGEMENT PARTNERS 91 100 92 283 MARCUM 75 90 84 249 Respondent Ranking Order EVALUATION SCORING SHEET PERFORMANCE BASED AUDITS Respondent Scores 122 123 THE Cl'IY OF PLEASANT LIVING RFP Title: RFP No.: Evaluation Scoring Sheet PERFORMANCE BASED AUDITS FN2022-13 Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.souchmiamifl.gov DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each cri teria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer . The maximum score total score for each proposer is I 00 points. Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; #I (Highest Total Score), #2 {Next Highest Score), and so on . The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. The Lowest Average Rank Score will be recommended for the award. 2 3 4 Respondents' methodology and process for completing the performance audit. (Maximum 40 points) The ability and qualifications of the Respondents professional personnel, including pertinent training, skill and experience. (Maximum 30 points) The location of the firm and the place from which the work is to be performed and, the recent, current, and projected workloads of the firm , (Maximum IO points) Respondents proposed price proposal. (Maximum 20 points) Reviewed by: Page 1 of 1 ~EMENT MM"NERS b 124 THE CITY OF PLEASANT LIVING RFP Title: RFP No.: Evaluation Scoring Sheet PERFORMANCE BASED AUDITS FN2022-13 Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www .southmiam ifl .gov DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score totaJ score for each proposer is I 00 points . Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; #I (Highest Total Score), #2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. The Lowest Average Rank Score will be recommended for the award. 2 3 4 Criteria Respondents' methodology and process for completing the performance audit. (Maximum 40 points) The ability and qualifications of the Respondents professional personnel, including pertinent training, skill and experience. (Maximum 30 points) The location of the firm and the place from which the work is to be performed and, the recent, current, and projected workloads of the firm (Maximum IO points) Respondents proposed price proposal. (Maximum 20 points) Reviewed by: Page 1 of 1 MANAGEMENT PARTNERS 8 IB MARCUM 30 J-7 8 125 THE CITY OF PLEASANT LIVING RFP Title: RFP No.: Evaluation Scoring Sheet PERFORMANCE BASED AUDITS FN2022-13 Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.souchmiam ifi.g o v DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is I 00 points. Each Evaluation Selection Committee member shall rank each Respondent based on the Technical and Price Criteria total score for each Respondent; ff I (Highest Total Score), ff2 (Next Highest Score), and so on. The rankings for each Respondent by each Selection Committee Member (Rater) are added and totaled. The total is divided by the number of Raters. The Lowest Average Rank Score will be recommended for the award. 2 3 4 Criteria Respondents' methodology and process for completing the performance audit. (Maximum 40 points) The ability and qualifications of the Respondents professional personnel, including pertinent training, skill and experience. (Maximum 30 points) The location of the firm and the place from which the work is to be performed and, the recent, current, and projected workloads of the firm (Maximum 10 points) Respondents proposed price proposal. (Maximum 20 points) Reviewed by: Page 1 of 1 MANAGEMENT PARTN-=Rs zo MARCl:JM 20 /0 z Member Name City of South Miami Bid Number RFP-RFP #FN2022-13-0-2022/SK Bid Name PERFORMANCE BASED AUDITS 12 Planholder(s) found 1097 NOTIFIED SupplierNameFullNameEmail Address1 City State Postal Declared Attributes ABM Glenn Hallglenn.hall@abm.com1093 Jupiter Park Lane Jupiter FL 33458 BidPrime API User API Userbptest@demandstar.com1301 S IH 35 Frontage Rd Austin TX 78741 Caballero Fierman Llerena & Garcia, LLP Enrique Llerenaellerena@cflgcpa.com8950 SW 74 Court Miami FL 33156 Hispanic Owned, Fortiline, Inc. d/b/a Fortiline Waterworks Fortiline, Inc d/b/a Fortiline WaterworkJulie.cline@fortiline.com3100 Starmount Park Blvd.Concord NC 28027 Keefe McCullough William Bensonbill.benson@kmccpa.com6550 North Federal Highway Fort Lauderdale FL 33308 Marcum Alex Keealex.kee@marcumllp.comOne SE Third Avenue Miami FL 33131 Mauldin & Jenkins LLC Alison Westerawester@mjcpa.com200 Galleria PKWY SE Atlanta GA 30339 MGT of America Consulting, LLC Shannon Blakeyrcvrfp@mgtamer.com4320 W. Kennedy Boulevard Tampa FL 33609 Sounetu Limited Partnership Magdala Randolphe mrandolphe@sounetu.com261 North University Dr. Suite 500 Plantation FL 33324 African American Tidal Basin Government Consulting Christina Manning airfp@RPHC.com126 Business Park Drive Utica NY 13502 USSI, Inc.Christel Pinedacpineda@ussiclean.com4340 East-West Highway Bethesda MD 20814 Watson Rice LLP Ronald Thompkinsrthompkins@bcawatsonrice.com2875 NE 191st Street,Miami FL 33180 African American 2 Document(s) found for this bid 126 127 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI -DADE : Before the undersigned authority persona lty appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily Business Re view f/k/a Miami Rev iew , a daily (except Saturday , Sunday and Legal Holidays) newspaper, published at Mia mi in Miami -D ade County, Florida ; that the attached copy of advertisement , being a Legal Adv ertiseme nt of Notice in th e matter of CITY Of:. SOUTH MIAMI. RFP #FN2022-13 in the XXXX Court , was published in sa id newspaper by print in the issues of and/or by pub lication on the newspape r's website, if authorized , on 06 /02/2 022 Affi ant further says that the newspaper complies with all leg al for publication in chapt er 50, Florida GUILLERMO GARCIA personally known to me _j,:.:if',f,;,;;;_;.. CHRI STI NA LYNN RAV IX [./~\;~ Commisslonll GG2IB71 t(~·if Expires November 19, 2022 ·-!,'~~¥.f~?.~---Bonded Thru Tr oy Fa in In su rance 800-385-7019 CITY OF SOUTH MIAMI PERFORMANCE BASED AUDITS RFP #FN2022-13 SUBMITIAL DUE DATE: JUNE 29, 2022 AT 10 AM The City is hereby requesting sealed proposals in response to this RFP #FN2022-13, PERFORMANCE BASED AUDITS. The purpose of th is Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A & BJ and the plans and/or specifications, if any, described in this Solicitation .(hereinafter referred to as 'the Project' or 'Project'). Interested persons who wish to respond to th is Sol icitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamlfl.gov/ wh ic h is the City of South Miami's web address for solicitation information . The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to htt sJ/network.demandstar.com / Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the "Closing Date•) on June 29, 2022 and any Proposal received by the City through DemandStar after 10 :00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-81D OPENING VIA VIDEO CONFERENCING: The open ing of E-B ids for this solicitation will occur at 10:30 A.M . local time on (the Closing Date, June 29, 2022 . The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the pub li c may view the meeting via Zoom at lmP.s://z oom .usfV 3056636339, or listen to the meeting on a dedicated phone line by dialing +1-786--635-1003 Meeting ID: 3056636339. 6/2 Nkenga A. Payne , CMC, FCRM City Clerk, City of South Miami 22-86/0000600948M 128 7/21/22 , 1 :32 PM Detail by Entity Name IJ1·11:.;1(_J1 , uj C 01~ 01~ .. i i 'l'l 01 r ~ De partment of Slate / Divlsl on of Corporat ions / Search Records / ~)" Entity Name / Detai l by Entity Name Foreign Profit Corporation MANAGEMENT PARTNERS, INCORPORATED Filing Information Document Number FEI/EIN Number Date Filed State Status PrinciP-al Address 1730 MADISON RD. CINCINNATI, OH 45206 Mailing Address 1730 MADISON RD. CINCINNATI, OH 45206 F09000000741 31-1407585 02/24/2009 OH ACTIVE Registered Agent Name & A ddress REGISTERED AGENT SOLUTIONS,INC . 155 OFFICE PLAZA DR.SUITE A TALLAHASSEE, FL 32301 Name Changed : 09/17/2013 Address Changed: 09/17/2013 Officer/Dire cto r Detail Name & Address Title PCS NEWFARMER, GERALD E 1730 MADISON RD. CINCINNATI, OH 45206 Title T PAUL , AMY C 1730 MADISON RD. CINCINNATI, OH 45206 DI V I S ION O F COR PORATI ONS https://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNa meOrder=MANAGE ... 129 7/21/22, 1:32 PM Annual ReP-orts Report Year 2020 2021 2022 Documen t Images Filed Date 02/06/2020 01/13/2021 02/02/2022 0210212022 -ANNUAL REPORT View image in PDF format ___________ ___. 01 113/2021 -ANNUAL REPORT View image in PDF format ___________ __, 02106/2020 -ANNUAL REPORT View image in PDF format ------------ 01/24/2019 -ANNUAL REPORT View image in PDF format 0 1129/2018 -ANNUAL REPORT View image in PDF format ___________ __, 01/25/2017 -ANNUAL REPORT View image in PDF format ___________ __, 01 /05 I20 16-ANNUAL REPORT View image in PDF format -----------~ 01 /1 4/20 15-ANNUAL REPORT View image in PDF format -----------------' 01 /13/20 14 -ANNUAL REPORT View image in PDF format -----------~ 09/17/20 13 -Reg .__sg~g~ View image in PDF format --- 0 1/29/2013 -ANNUAL REPORT View image in PDF format 02/0 112012-ANNUAL REPORT View image in PDF format 02/02/201 1 -ANN UAL REPORT View image in PDF format 06117/2010 •• ANNUAL REPORT View image in PDF format 02124/2009 -Fori~ View image in PDF format Detail by Entity Name https ://search .sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=MANAGE ... 130 2022 FOREIGN PROFIT CORPORAT ION ANNUAL REPORT DOCUMENT# F09000000741 FILED Feb 02, 2022 Secretary of State 3456173284CC Entity Name: MANAGEMENT PARTNERS , INCORPORATED Current Principal Place of Business: 1730 MADISON RD . CINCINNATI, OH 45206 Current Mailing Address : 1730 MADISON RD. CINCINNATI, OH 45206 FEI Number: 31-1407585 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: REGISTERED AGENT SOLUTIONS,INC. 155 OFFICE PLAZA DR.SUITE A TALLAHASSEE, FL 32301 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida . SIGNATURE : Electron ic Signature of Registered Agent Officer/Director Detail : Title PCS Name NEWFARMER , GERALD E Address 173 0 MADISON RD . City-State-Zip: CINCINNATI OH 45206 Date Title T Name PAUL, AMY C Address 1730 MADISON RD . City-State-Zip: CINCINNATI OH 45206 I hereby certify that the information indicated on this report. or supplemental report is true and accurate and that my electronic signature shafl ha ve the same legal effect as if made under oath; that I am an officer or director of the corporation or the receiver or trustee empowered la execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment wilh all other like empowered. SIGNATURE: GERALD E NEWFARMER PRESIDENT AND CEO 02/02/2022 Electronic Signature of Signing Officer/Director Detail Date 131 MIAMI -DADE STATE OF FLOR IDA COUNTY OF MIAMI-DADE: Before lhe unders igned aulhorily personally appeared MARIA MESA , who on oalh says thal he or she Is lhe LEGAL CLERK , Legal Notices of l he Miami Da il y Bu si nes s Rev iew f /k/ a Miami Review , a daily (excep t Saturday , Sunday and Lega l Holidays) newspaper, published al Mia mi in Miami -Dade Coun ty , Florida ; lha l the attached copy of advertisement, be ing a Lega l Advertisemen t of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEAR INGS -AUG . 16, 2022 In the XXXX Court, was published in said newspaper by pri nt in lhe Issues of and/or by publlcat1on on the newspape r's website , if authorized , on 08/05/2022 Affiant further says that the newspaper comp lies w ilh all legal tor publication in chapter 50, Florida e this 5 , A.O. 2022 Pt~ {SEA L) MARIA MESA personally known to me ,, ....... ,.. "' ··"ARAi''Ol"S ... •~,r.'•~~ r.~-h.., 11 ·'"" /f.·'A ·:., \ Cllmmisslon # HH 187442 ~_;: .. ~_.;J Expires November 2, 2025 ·-:?1:fr:~?.t··· Sood!d Th111 Troy Fm Insurance B00-385-701 9 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital bus1ness during the COVID 19 pandemic and, at the same time . to protect the health, safety and welfare of its citizens, officers. officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011 , Fla. Stal, the City 's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUAU. Y through communications media technology (CM1) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/'j/3056636338) and partic ipate. At a minimum, at least three members of the City Commlsslon will be physically present in the City Commission Chambers 1 and they wm be broadcast on the Zoom platfonn along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tu~~....,Au""'-"""ust~1""6 ~=-"-'-'-"""-"=""'- to consider the fo_llowing public hearing itern{s): A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A ResoluUon authorizing the City Manager lo enter Imo a multi-year agreement with Management Partners, Inc., for performance-based audit serv ices for each City division/department pursuant to the City Charter. A Resolution relating to the appeal filed by Stunnas At LLC from a decision of the City Manager regarding an order to show cause why -the Business Tax Receipt of the company should not be revoked. 132 An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 aod authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. It you desire to presenl evideocenr ynu ar~-USe z~ are procedures to follow and oth er options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at htt : www.s_g_uthnJja ifl. ov/580/Public-Meetin s-Notices Anyone who wishes to review pend ing application , supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. 1 The min imum standards for adopting a resolution or enacting an ordinance are set forth In 166.041(4) ... A majority of the members of the governing body shall constitute a quorum . An affinmative vote of a majority of a quorum present Is necessary to enact any ordinance or adopt any resolution : •- Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any dec ision made by a Board , Agency or Commission with respect , to any matter considered at Its meeting or hearing , a record of the proceedings will be required for said appeal and such person will be requ ired to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal Is to be based . ADA : To request a modification to a policy , practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p .rn . 3 business days before the meeting (not counting the day of the meeting) del iver your request to the City Clerk by telephone: 305-663 -6340, by mail at 6130 Sunset Drive , South Miami, Florida or email at npayne@southmiamifl.gov. 8/5 Nkenga A. Payne , CMC, FCRM City Clerk 22-115/0000612701M SUNDAY AUGUST 7 2022 NEIGHBORS...................................................................................................19SE 133 1.00~- 19-Mo nt h CD Speci al $500 Minimum 29 -M ont h CD Spec ial $SOD Minimum 2.50~- 39-Mont h CD Spec ial $500 Minimum 3.00~- 59 -M ont h CD Spec ial $500 Minimum Th e be st CD rat es aren't j ust on lin e. Th ey are at yo ur neighbo rh ood Thi rd Federal, too. Wi t h co nve ni ent loca ti ons to serve yo u, ca ll or visit us today. Sa me grea t rat es ava il ab le in-bran ch and at www .t hi rdfede ral.com . ThirdFederal® SAVIN GS & LO AN thirdfederal.com Call or vi sit on e of our conv eni ent lo ca tions. Boca Rato n I 56 1-347-7433 • Delra y Beac h I 56 1-637 -6469 Gree nacre s I 56 1-96 4-6660 • Nort h Palm Beac h I 56 1-63 0-6488 Co ralSp rin gs I 95 4-340-4 032 Member FDIC Hall and ale I 95 4-4 57 -2488 Pl ant ati on I 95 4-472-6039 H N a Gl ~OMI !llf..,NstC I fOUNr;>tU 'Annual Percentage Yie ld (APYJ is accurate as of 7 /29/22. M i ni mum depos it of $500 to open and earn stated AF'Y. Deposits over $1,000,000 sub ject to review. CDs subject to pena lty for ear ly w ithdrawa l. An early withdrawa l may reduce earn i ngs. Offers and rates subject to change at any t ime. Funds insured accord i ng to FD I C i nsurance requ ire ments. ©2022 Th ird Federa l Cl VILLAGE OF PINECREST Public Notice On Tuesday, September 13, 2022, at 7:00 p.m., the Village Council will conduct the following Public Hearing t o be held at the Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida: Hearing #2022-0913-1. Crimson Ibis, LLC (Owner), and Lou Campanile, Jr. (Applicant) are requesting approval of a preliminary subdivision plat ("Crimson Ibis") for the division of property and creation of two (2) single-family residential lots on property located at 9300 SW 60 Court, Pinecrest, Florida, within the EU -1, Residential Estate zoning district. Lot 1 is proposed to be 1.625 acres in net area; and lot 2 is proposed to be 2.619 acres in net area . Interested parties are invited to appear in person or virtually and be heard -Visit www.pinecrest-fi .gov/live for details. For additional information, you may contact the Building and Planning Department by calling 305.234.2121, via e- mail at planning@pinecrest-fi.gov or writing to the department at 12645 Pinecrest Parkway, Pinecrest, Florida 33156, where a copy of the application is on file. Refer to the Hearing Number when making an inquiry. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Village Clerk at 305.234.2121 not later than seven business days prior to such proceeding. Should any person decide to appeal any decision of the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings and , for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). www.pinecrest-fl.gov Priscilla Torres, CMC Village Clerk CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338) and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday. August 16, 2022, at 7:00 p.m. to consider the following public hearing item(s): A Resolution authorizing the City Manager to execute a multi-year Intergovernmental Agreement with Miami-Dade County for canal maintenance for the Ludlam Glades and Broad Canals. A Resolution authorizing the City Manager to execute an agreement and to procure professional catering services with Sushi Maki Catering Corp d/b/a Medley Gourmet Foods for the City's senior meals program. A Resolution authorizing the City Manager to enter into a multi-year agreement with Management Partners, Inc., for performance-based audit services for each City division/department pursuant to the City Charter. A Resolution relating to the appeal filed by Stunnas Fit LLC from a decision of the City Manager regarding an order to show cause why the Business Tax Receipt of the company should not be revoked. An Ordinance granting a franchise agreement to Florida Power & Light Company for Electric Vehicle Charging Stations, located within the South Miami Parking Garage, 5829 SW 73rd Street, South Miami, FL 33143 and authorizing the City Manager to execute the Electric Vehicle Charging Equipment Agreement. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/ Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 'The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) ••• A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. •••