10-20-09 Item 231
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, REQUESTING
TO COMMENCE A REQUEST FOR PROPOSAL (RFP)
PROCESS FOR FINANCIAL AUDIT SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to seek a request for proposal
for financial audit services, and
WHEREAS, the Financial Auditor selected through the RFP process will
prepare the financial audit for Fiscal Year 2008 -2009, and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. That the City Commission request to commence an RFP process
for financial audit services.
Section 2. That the contract with the responsible proposal shall be brought
back to the City Commission for approval.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of , 2009.
APPROVED:
MAYOR
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Palmer:
Commissioner Sellars:
CITY OF SOUTH MIAMI
FLORIDA
REQUEST FOR PROPOSAL
EXTERNAL AUDIT SERVICES
RFP NO. SM-FN-XXXX-2009
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&DRAFT
SPECIFICATIONS PREPARED BY:
FINANCE DEPARTMENT
TABLE OF CONTENTS
PAGE NO.
I. INTRODUCTION 1
A. General information 1
B. Term of engagement. 1
II SCOPE OF SERVICES
B. General
1
B. Scope of work to be performed
1
C. Auditing Standards to be followed
2
D. Reports to be issued
2
E. Special considerations
4
F. Working paper retention and access to working papers .
5
DESCRIPITION OF THE GOVERNMENT
5
III.
A. Self- Insurance
= T
B. Name and telephone number of contact persons .
6
C. Background information
6
D. Fund structure
6.
E. Budgetary basis of accounting.
7
F. Federal and State financial assistance
7
G.Federal equitable sharing
7
H.Pension plans
8
I. Availability of prior audit reports and working papers
8
IV. TIME REQUIREMENTS
A. Proposal calendar and notification and contract dates
B. Schedule for conducting audits '
C. Date final report is due '
V. PROPOSAL REQUIREMENTS
A. Submission of proposals. '
B. Technical proposal
C. Price proposal '
D. Addenda, additional information. '
VI. EVALUATION OF PROPOSALS
VII. SUMMARY OF DOCUMENTS TO BE SH
PROPOSALS
VIII. AWARD OF CONTRACT
IX. DISCLOSURE AFFIDAVIT.
X. SWORN STATEMENT ON PUBLIC ENTITY CRIMES
XI. NON - COLLUSION AFFIDA VIT
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I. INTRODUCTION
A. GENERAL INFORMATION
The City of South Miami is requesting proposals from qualified firms of certified public accountants
to audit its financial statements for an initial one (1) year period beginning with the fiscal year
ending September 30, 2009, with the option of auditing its financial statements for an additional
period of two (2) fiscal years. These audits are to be performed in accordance with generally
accepted auditing standards and the standards for financial audits set forth in the U.S. General
Accounting Office's (GAO) Government Auditing Standards the provisions of the Federal Single
Audit Act Amendments of 1996, U.S. Office of Management and Budget (OMB) Circular A- 133;
Audits of State and Local Governments and the provisions of the Florida Single Audit Act.
B. TERM OF ENGAGEMENT g AFT
An initial one (1) year period contract with the option to extend for two (2) additional years is
contemplated, subject to the annual review and recommendation of the Finance Director, the
satisfactory negotiation of terms (including a price acceptable to both the City of South Miami and
the selected firm), the concurrence of the City Manager, Mayor and the City Commission and the
annual availability of an appropriation.
II. SCOPE OF SERVICES
A. GENERAL
The City of South Miami is soliciting the services of qualified firms of certified public accountants to
audit its financial statements for the fiscal year ending September 30, 2009 for one (1) year, with the
option to audit the City of South Miami financial statements for another two (2) fiscal year period.
These audits are to be performed in accordance with the provisions contained in this request for
proposals.
B. SCOPE OF WORK TO BE PERFORMED
The City of South Miami desires the auditor to express an opinion on the fair presentation of its basic
financial statements in conformity with accounting principles generally accepted in the United States
of America and the financial reporting requirement of Governmental Accounting Standards Board
Statement No. 34, "Basic Financial Statements - and Management's Discussion and Analysis for
State and Local Governments ".
Page I of 20
The auditor shall also be responsible for performing certain limited procedures involving required
Management's Discussion and Analysis and the required supplementary information required by the
Governmental Accounting Standards Board as mandated by generally accepted auditing standards.
The auditor is required to audit the schedule of federal and state financial assistance.
The auditor may be requested to perform other auditing services at the discretion of the City. Any
such additional work agreed to between the City of South Miami and the firm shall be performed
only if a written agreement has been made subject to City Manager and Mayor and City Commission
approval if the work exceeds $5,000.
C. AUDITING STANDARDS TO BE FOLLOWED
To meet the requirements of this request for pro Jlsl dPjF e performed In accordance
with:
1. Generally accepted auditing standards and Audits of State and Local Governmental Units
issued by the American Institute of Certified Public Accountants (AICPA);
2. Government Auditing Standards, as issued by the Comptroller General of the United States;
3. Circular No. A- 133, Audits of State and Local Governments, Office of Management
and Budget as well as the following additional requirements;
4. The provisions of the Federal Single Audit Act (as amended);
5. The provisions of the Florida Single Audit Act (as amended);
6. Rules of the auditor General for the State of Florida relating to Section 11.45 (3)(a)( 4) of the
Florida Statutes; and
7. Other applicable federal, state and local laws or regulations.
8. The auditor should also be familiar with and prepared to advise City staff on how best to
implement both current and proposed GASB statements. In addition, the auditor is also
expected to provide informal advice and consultation throughout the year on matters relating
to accounting and financial reporting. This would not necessarily include any task that entails
significant research or a formal report.
D. REPORTS TO BE ISSUED
Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue
the following:
Page 2 of 20
1. A report on the fair presentation of the basic financial statements as a whole, in conformity
with accounting principles generally accepted in the U.S.
2. A report on the internal control structure based on the auditor's understanding of the
control structure and assessment of control risk.
3. A report on compliance with laws and regulations.
4. A "management letter" required by Section 11.45(3)(a)( 4), Florida Statutes.
5. Reports required by the Single Audit Act of 1996 and OMB Circular A -133 to include:
firrR,
- a. An opinion on the financial statements an � DBEN%tJ schedule of
expenditures of federal and state awards.
b. A report on compliance and on internal control over financial reporting based on an
audit of financial statements performed in accordance with Government Auditing
Standards.
c. A report on compliance with requirements applicable to each major program and on
internal control over compliance in accordance with OMB Circular A133.
d. A schedule of findings and questioned costs.
e. Non - reportable conditions discovered by the auditors shall be reported in the
management letter required by Florida Statutes 11.45(3) (a) (4), which shall be referred
to in the report on internal control structure and compliance.
f. A report on compliance with requirements applicable to State grants and aids
appropriations.
g. For any irregularities and illegal acts the auditor shall be required to make an
immediate, written report of all irregularities and illegal acts of which they become
aware to the Finance Director, City Manager, Mayor and City Commission as
appropriate.
Use of the audited financial statements, opinions or any of the above named reports will not result in
additional compensation unless their use requires additional certification or services on the part of
the firm.
The auditor shall submit a signed audit report on the fair presentation of the financial statements in
conformity with accounting principles generally accepted in the United States of America no later
than March 7, for the previous fiscal year ending September 30, along with the required reports on
internal control structure and compliance with laws and regulations.
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E. SPECIAL CONSIDERATIONS
1. The City of South Miami will send its comprehensive annual financial report to the Government
Finance Officers Association of the United States and Canada for review in their Certificate of
Achievement for Excellence in Financial Reporting program. It is anticipated that the auditor will
be required to provide special assistance to the City of South Miami to meet the requirements of
that program by providing technical advice to ensure awarding of certification. The schedules of
federal and state financial assistance and related auditor's report, as well as the reports on the
internal control structure and compliance, are to be issued in conjunction with the comprehensive
annual financial report.
2. Review of the financial report of the City filed with'ITepartment of Banking and Finance,
State of Florida, pursuant to Section 218.32, Florida Statutes, to verify that it is in agreement
with the financial statements for the year ended September 30.
The auditor will assist the City in complying with changes in reporting requirements to remain in
conformity with accounting principles generally accepted in the United States of America.
The City of South Miami will be responsible for completing the MD &A, statistical section and
transmittal sections in Microsoft Word and Excel of the Comprehensive Annual Financial Report
(CAFR) while the auditor will be responsible for completing all of the schedules, statements and
footnotes in the CAFR with Microsoft Excel. The City of South Miami will be responsible for
supplying the auditor with the appropriate numbers from the City's work papers. When all
sections are completed, the City of South Miami will email the auditor the City's responsible
sections. Upon receipt of all of the appropriate information, the auditor will be responsible for
finalizing the CAFR (see Schedule for Conducting Audits Section 11I B, for further information
on the timing of the audit).
The Auditor's response should include a brief explanation of the impact of GASB Statements 43,
44, 45 and 47, and their affect on the preparation of the CAFR, including any audit implications.
6. Based on City Charter, the City is required to be audited by a qualified Certified Public
Accountant ". If your firm does not meet this specification, this will preclude you from
responding to this Request for Proposal.
7. The awarded firm may be asked. to attend several City Commission meetings to discuss audit
findings and/or to answer City Commission questions.
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g. Performance Standards
a. A minimum of 95% of all responses to any of the City's questions or inquiries should
occur within two (2) business days of notification to auditor. For example, the City may
have a technical question about a transaction that should be answered within the time
allotted.
b. The deadlines in Section III (Time Requirements); B (Schedule for Conducting Audits)
and C (Date Final Report is Due) shall be met.
to the measures above, A Poprwip1lia"S'. be evaluated by City
In addition p
staff on a regular basis regarding the quality of service and the timeliness of data exchange.
F. WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS
All working papers and reports must be retained in accordance with requirements and procedures set
forth by the General Records Schedule for Local Government Agencies as promulgated by the
Division of Archives, History and Records Management (a division of the Florida Department of
State) at the auditor's expense, unless the firm is notified in writing by the City of South Miami of the
need to extend the retention period. The auditor will be required to make working papers available,
upon request, to the following parties or their designees:
• City of South Miami,
• U.S. General Accounting Office (GAO),
• Parties designated by the federal or state governments or by the City of South Miami as part
of an audit quality review process.
In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow
successor auditors to review working papers relating to matters of continuing accounting
significance.
I11. DESCRIPTION OF THE GOVERNMENT
A. SELF - INSURANCE
The City has no self insurance. General liability, workers' compensation and motor vehicle is through
Florida League of Cities.
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B. NAME AND TELEPHONE NUMBER OF CONTACT PERSONS
After selection, the auditor's principal contact with the City of South Miami will be Matilde G.
Menendez, Finance Director (305) 663 -6343 who will coordinate the assistance to be provided by the
City of South Miami to the auditor.
C. BACKGROUND INFORMATION
The City of South Miami serves an area of 2 -1/2 square miles with a population of approximately
11,183 residents. The City provides services to its citizens in many areas such as:
Public safety � � ��'�I "
Streets and public improvemen
3. Parks and Recreation
4. Planning and Zoning
5. Code Enforcement
Solid Waste
General administrative services
The City of South Miami's fiscal year begins on October 1 st and ends on September 30th. The City
of South Miami has a total payroll of approximately $9.03 million covering about one hundred and
seventy seven (192) employees.
The total budget for fiscal year 2008/2009 is $19,174,659.
More detailed information on the government and its finances can be found in the -City's Annual
Budget document, Comprehensive Annual Financial Report, and Code of Ordinances available
through the City Clerk's Office and the Finance Department, located at City of South Miami City Hall
for a fee. This information can also be found on the city's website at www.cityofsouthmiami.net.
D. FUND STRUCTURE
The City of South Miami uses the following fund types and account groups in its financial reporting:
Page 6 of 20
Fund Type
General Fund
Special Revenue Funds
Enterprise Fund
Internal Service Fund
Fiduciary Funds
Debt Service Fund
Capital Projects Funds
General Fixed Assets
Trust and Agency Funds
n ®T
E. BUDGETARY BASIS OF ACCOUNTrlQ
Annual budgets are adopted on a basis consistent with GASB 34 accounting principles generally
accepted in the United States. The budgets of general government type funds are prepared on a.
modified accrual basis of accounting.
F. FEDERAL AND STATE FINANCIAL ASSISTANCE
During the fiscal year to be audited, the City of South Miami will receive financial assistance
including but not limited to the following federal or state agencies:
I. U.S. Department of Justice
2. U.S. Department of Housing and Urban Development
3. U. S. Department of Treasury
4. Federal Emergency Management Agency
5. Florida Recreation Development and Assistance Program
6. U.S. Department of Labor
7. U.S. Department of Homeland Security
G. FEDERAL EQUITABLE SHARING
The City's Police Department participates in the U.S. Department of Justice and U.S. Treasury's
Federal Equitable Sharing Program.
Page 7 of20
H. PENSION PLANS
The City of South Miami participates in the following pension plans:
PLAN
General Employee Pension Plan
Police Employee Pension Plan
OPTIONAL PLANS OFFERED:
Deferred Compensation Plans
SINGLE - EMPLOYER
DEFINED DEFINED
BENEFIT CONTRIBUTION
X
X
= DR
I. AVAILABILITY OF PRIOR AUDIT REPORTS AND WORKING PAPERS
Interested proposers who wish to review prior years' audit reports and management letters should
visit the City's website at www.citvofsouthmiami.net or contact Maria Menendez, City Clerk, at
6130 Sunset Drive, South Miami, Florida 33143 or call (305) 663 -6340. Hard copies can be obtained
at a fee. The City of south Miami will use its best efforts to make prior audit reports and supporting
working papers available to proposers to aid their response to this request for proposal.
IV. TIME REQUIREMENTS
A. PROPOSAL. CALENDAR AND NOTIFICATION AND CONTRACT DATES
The schedule of events, relative to the procurement shall be as follows:
Event Date (on or by)
1. Issuance of Request for Proposal
2. Opening of Proposals
3. Proposal Evaluations
4. Interview Dates
5. Award of Contract
6. Contract Negotiation
The City reserves the right to change and/or delay scheduled dates.
Page 8 of 20
B. SCHEDULE FOR CONDUCTING AUDITS
During the period of the External Audit Services contract, the auditor shall complete each of the
following no later than the dates indicated below for each audit:
1. Detailed Audit Plan
The auditor shall provide the City of South Miami both a detailed audit plan and a list of all
schedules to be prepared by the City of South Miami by
2 Interim Work
The auditor shall complete interim work by D AFT
3. Fieldwork
The auditor shall complete all fieldwork by
4. Draft Reports
The auditor shall have drafts of the audit report and recommendations to management available
for review by
5. Final Report
The auditor will be responsible for printing the number of copies needed by the City of South
Miami of the Comprehensive Annual Financial Report by . The City of South Miami
will be responsible for supplying the. tabs and covers for the report. In addition, the final version
of the Comprehensive Annual Financial Report must also be emailed to the City of South Miami
in a PDF format, an Excel format and a Word format. The auditor will be responsible for
presenting the CAFR to the Mayor and City Commission prior to the second City Commission
meeting in
C. DATE FINAL REPORT IS DUE
It is anticipated that the auditor will deliver the opinion letter, management letter, and all requested
reports by of each year.
Page 9 of 20
V. PROPOSAL REOUIREMENTS
A. SUBMISSION OF PROPOSALS
The following materials should be submitted for a proposing firm to be considered:
1. An original copy (so marked) of the Proposal and five (5) copies should be submitted to the City
of South Miami, City Hall, located at 6130 Sunset Drive, South Miami, Florida 33143, to the
attention of Maria Menendez, City Clerk. It should include the following:
a. Title Pape 7
1
Title page showing the request for prop "stibject tHe�fir 's name, the name, address and
telephone number of contact person, and the date of the proposal.
b. Table of Contents
The table of contents of the proposal should include a clear and complete identification of
the materials submitted by section and page number.
c. Transmittal Letter
This letter will summarize in a brief and concise manner the Proposer's understanding of the
work to be performed, the commitment to perform the work within the anticipated time
period, a statement why the firm believes itself to be best qualified to perform the
engagement, and a statement that the proposal remains in effect for ninety (90) days. An
authorized agent of the Proposer must sign the Letter of Transmittal indicating the agent's
title or authority.
Technical Proposal
The detailed proposal should follow the order set forth in Section IV (B) of this Request for
Proposal.
e. Price Proposal
As detailed in Section IV (C) of this request for proposals.
f. Statement acknowledging receipt of each addendum issued by the City (if any).
2. Proposals must be submitted in a sealed envelope clearly marked with the name of the audit firm
"Request for Proposal SM- FNXXXX -2009 RFP, External Audit Services,
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B. TECHNICAL PROPOSAL
1. General Requirements
The purpose of the technical proposal is to demonstrate the qualifications, competence and
capacity of the firms seeking to undertake an independent audit of the City of South Miami in
conformity with the requirements of this request for proposals. As such, the substance of
proposals will carry more weight than their form or manner of presentation. The technical
proposal should demonstrate the qualifications of the firm and of the particular staff to be
assigned to this engagement. It should also specify an audit approach that will meet the request
for proposal requirements.
h9DRAFT
The technical proposal should address all the points outlined in the request for proposals. The
Proposal should be prepared simply and economically, providing a straightforward, concise
description of the proposer's capabilities to satisfy the requirements of the request for proposals.
While additional data may be presented, the following subjects, item Nos. 2 through 9 must be
included. They represent the areas in which the proposal will be evaluated.
2.Independence
The firm should provide an affirmative statement that it is independent of the City of South
Miami as defined by generally accepted auditing standards and the. U.S. General Accounting
Office's Government Auditing Standards.
The firm should also list and describe the firm's professional relationships involving the City of
South Miami for the past five (5) years, together with a statement explaining why such
relationships do not constitute a conflict of interest relative to performing the proposed audit.
In addition, the firm shall give the City of South Miami written notice of any professional
relationships entered into during the period of this agreement.
3. License to Practice in Florida
An affirmative statement should be included that the firm and all assigned key professional staff
are properly licensed to practice in Florida.
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4. Firm Qualifications and Experience
The proposer should state the size of the firm, the size of the firm's governmental audit staff, the
location of the office from which the work on this engagement is to be performed and the
number and nature of the professional staff to be employed in this engagement on a full -time
basis and the number and nature of the staff to be so employed on a part-time basis.
If the proposer is a joint venture or consortium, the qualifications of each firm comprising the
joint venture or consortium should be separately identified and the firm a certified public
accountant in Florida. Provide information on the government auditing experience of each
person, including information on relevant continuing professional education for the past three
(3) years and membership in professional organizations relevant to the performance of this
audit. RDRAFT
Provide as much information as possible regarding the number, qualifications, experience and
training, including relevant continuing professional education, of the specific staff to be
assigned to this engagement. Indicate how the quality of staff over the term of the agreement
will be assured.
Engagement partners, managers, other supervisory staff and specialists may be changed if those
personnel leave the firm, are promoted or are assigned to another office. These personnel may
also be changed for other reasons with the express prior written permission of the City of South
Miami. However, in either case, the City of South Miami retains the right to approve or reject
replacements.
Consultants and firm specialists mentioned in response to this request for proposal can only be
changed with the express prior written permission of the City of South Miami, which retains the
right to approve or reject replacements.
Other audit personnel may be changed at the discretion of the proposer provided that
replacements have substantially the same or better qualifications or experience.
5. Prior Engagements with the City of South Miami
List separately all engagements within the last five years, for the City of South Miami by type
of engagement (i.e., audit, management advisory services, other). Indicate the scope of work,
date, engagement partners, the location of the firm's office from which the engagement was
performed, and the name and telephone number of the principal client contact.
Page 12 of20
6. Similar Engagements With Other Government Entities
For the firm's office that will be assigned responsibility for the audit, list the most significant
engagements (maximum of 5) performed in the last five years that are similar to the
engagement described in this request for proposal. These engagements should be ranked on the
basis of total staff hours.
Indicate. the scope of work, date, engagement partners, and the name and telephone number of
the principal client contact.
7. Specific Audit Approach
ADPAFT
The proposal should set forth a work plan, including an exp anat�on of t e audit methodology to
be followed, to perform the services required in Section II of this request for proposal. In
developing the work plan, reference should be made to such sources of information as the City of
South Miami's budget, financial and other management information, much of which is available
on the City's website, — www.cityofsouthmiami.net ••.
Proposers will be required to provide the following information on their audit approach:
a. Proposed segmentation of the engagement;
b. Level of staff to be assigned to each proposed segment of the engagement;
c. Sample size and the extent to which statistical sampling is to be used in the
engagement;
d. Extent of use of EDP software in the engagement;
e. Type and extent of analytical procedures to be used in the engagement;
f. Approach to be taken to gain and document an understanding of the City of South
Miami' internal control structure;
g. Approach to be taken in determining laws and regulations that will be subject
to audit test work and
h. Approach to be taken in drawing audit samples for purposes of tests of
compliance.
Page 13 of20
8. Identification of Anticipated Potential Audit Problems
The proposal should identify and describe any anticipated potential audit problems, the firm's
approach to resolving the problem and any special assistance that will be requested from the City
of South Miami.
9. Each firm is required to complete the City of South Miami Disclosure Affidavit and the Florida
Statute Public Entity Crime Form. (See attached Forms)
C. PRICE PROPOSAL
®
Submit your signed, firm, fixed fee performance -based cost proposal for providing all
services, materials, etc., required for completion of services in accordance with your technical
proposal. Include the cost of each audit for each of the next three (3) fiscal years: 2009 - 2011.
2. Rates for Additional Professional Services
If it should become necessary for the City of South Miami to request the auditor to render any
additional services to either supplement the services requested in this Request for Proposal or
to perform additional work as a result of the specific recommendations included in any report
issued on this engagement, then such additional work shall be performed only upon a written
agreement between the City of South Miami and the firm.
Manner of Payment
Payments will be based on a schedule of payments to be developed upon awarding of the
contract. The City reserves the right to inspect records supporting the auditor's billings.
D. ADDENDA, ADDITIONAL INFORMATION
Any addenda or answers to written questions supplied by the City to participating Proposer's become
part of this Request for Proposal and the resulting contract. This proposal form shall be signed by an
authorized company representative, dated and returned with the proposal.
No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any
discussions with any City employee. Only those communications which are in writing from the
Finance Director may be considered as a duly authorized expression. Also, only communications
from Proposers which are signed and in writing will be recognized by the City as duly authorized
expressions on behalf of the Proposer.
Page 14 of20
Responses will be in writing and copies to all Proposers as addenda to this request for proposal.
Questions regarding this request for proposal must be sent to Maria Menendez, City Clerk, 6130
Sunset Drive, South Miami Florida 33143.
VI. EVALUATION OF PROPOSALS
Evaluation Method and Criteria RAF
A selection committee appointed by the City of South Miami will evaCi3ate proposals submitted. Proposals
will be evaluated in accordance with weighted criteria listed below:
POINT RANGE
Proposer's Expertise and Experience
0-50
Audit Approach
0-30
Cost of Services
0-20
Total
100
These weighted criteria are provided to assist the proposers in the allocation of their time and efforts during
the submission process. The criteria also guides the Selection Committee during the short- listing and final
ranking of proposers by establishing a general framework for those deliberations.
Short- listed proposals shall be selected for an interview prior to a recommendation being presented to the
City Manager. As the best interest of the City may require, the right is reserved to reject any and all proposals
or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no
assumptions unless their proposal has been evaluated as being responsive.
The successful Proposer shall be required to execute a City contract covering the scope of services to be
provided and setting fourth the duties, rights and responsibilities of the parties. This contract must be
executed by the successful Proposer prior to recommendation of award to the City Manager.
Page 15 of20
VII. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS
The following documents must be attached to your response to this request for proposal:
A list of References (minimum of three)
Proof of Professional Liability Insurance City
of South Miami Disclosure Affidavit Florida
Statute Public Entity Crime Form Non -
Collusion Affidavit
VIII. A WARD OF CONTRACT [
.�—r R AFT
It is expected that, after review of the Selection Committee recommendation(s), the City Manager and/or
his /her designee will negotiate a contract with the approved firm in accordance with the specification set forth
in this document, the selected proposal, and the applicable requirements of the Law and Rules of the Florida
Board of Accountancy, Department of Professional Regulation. This contract will then be submitted to the
Mayor and City Commission for final approval.
CONE OF SILENCE ORDINANCE IS APPLICABLE TO THIS SOLICITATION
The "Cone of Silence" specifically prohibits communication in regarding RFP "S (bids) or any
solicitation with the City of South Miami staff except by written means, with copy filed with the
City Clerk_ Certain exceptions are made such as oral communications during pre - proposal
conferences. This takes effect upon advertisement for Request for Proposal and terminates when
the City Manager makes recommendation for award to the City Commission. In addition to any
other penalties provided by law, violation of the Cone of Silence shall render any proposal
disqualified.
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CITY OF SOUTH MIAMI DISCLOSURE AFFIDAVIT
r
being first duly sworn, state:
The full legal name and business address* of the person or entity contracting or transacting business with the City of South
Miami are:
If the contract or business transaction is with a corporation, the full legal name and business address* shall be provided
for each officer and director and each stockholder who holds directly. or indirectly five percent (5 %) or mote of the
corporation's stock. If the contract or business transaction is with a partnership, the full legal name and business address*
shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address*
shall be provided for each trustee and each beneficiary. All such names and addresses are:
The full legal names and business address* of any other individual (other) than subcontractors, material men, suppliers,
laborers, or lenders who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or
business transaction with the City of South Miami are:
LEGAL SIGNATURE OF AFFIANT
Sworn to and subscribed before me this
Notary Public - State of Florida
(Print or Type Legal Name of Affiant)
day of
My Commission Expires:
Print, Type or Stamp commissioned name of Notary Public
Personally known OR Produced Identification _
Type of Identification Produced _
*Post office box addresses not acceptable.
Page 17 of20
NOTARY SEAL
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SWORN STATEMENT PURSUANT TO SECTION 287.133
FLORIDA STATUES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO BE THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
(FEIN) is
This sworn statement is submitted to
(Print name of the public entity)
by
for (Print individual's naime-ano uuo)
whose business address is:
(Print name of entity submitting swom statement)
and (if applicable) its Federal Employer n
DRAFT Identification Number
(If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: —
I understand that a "public entity crime" as defined in Section 287.133(1 )(g), Florida Statutes, means a violation
of any state or federal law by a person with respect to and directly related to the transaction of business with any
public entity or with an agency or political subdivision of any other state or with the United States, including, but
not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the
construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
I understand that "convicted" or "conviction" as defined in Section 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 novo contend ere.
I understand that an "affiliate" as defined in Section 287.133 (I) (a), Florida Statutes, means:
5. A predecessor or successor of a person convicted of a public entity crime; or
6. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market value under an
arm's length agreement, shall be a prima facie case that one person controls another person. A person
who knowingly enters into a joint venture with a person who has been convicted of a public entity
crime in Florida during the preceding 36 months shall be considered an affiliate.
I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes. means any natural person or
entity organized under the laws of any state or of the United States with the legal power to enter into a binding
contract and which bids or applies to bid on contracts 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.
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A person or affiliate who has been placed on the convicted vendor list U Ping a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded 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 from the date of being placed on the convicted vendor list.
Based on information and belief, the statement that 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, executive, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of
the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the Hearing Officer 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
final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 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.
LEGAL SIGNATURE OF AFFIANT
Sworn to and subscribed before me this
Notary Public- State of Florida
Print, Type or Stamp commissioned name of Notary Public
Personally known _OR Produced Identification
Type of Identification Produced
'Post office box addresses not acceptable.
(Print or Type Legal Name of Affiant)
day of -2 _ _
My Commission Expires:
NOTARY SEAL
Form PUR 7068 (Rev. 03/07/97) Page
19 of20
NON - COLLUSION AFFIDAVIT OF PRIME BIDDER
State of
County of
being first duly sworn, deposes and says that: ' i
�.. uJ�
1.He is of the Bidder that has submitted the
attached Bid;
2. He is fully informed respecting the preparation and contents of the attached Bid and all pertinent
circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or
parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly
or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the
Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such
Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication
or conference with any other Bidder, firm or person to fix the prices in the attached Bids or of any other
Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or
to secure through any collusion, conspiracy, connivance or
unlawful agreement any advantage against the (Local Public Agency)
or any person interested in the proposed Contract; and
5. The price or prices quoted, in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,
representatives, owners, employees, or parties in interest, including this Affiant.
LEGAL SIGNATURE OF AFFIANT
Sworn to and subscribed before me this
Notary Public - State of Florida
(Print or Type Legal Name of Affiant)
day of
My Commission Expires:
Print, Type or Stamp commissioned name of Notary Public
Personally known _ OR Produced Identification _
Type of Identification Produced
*Post office box addresses not acceptable.
Page 20 of 20
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NOTARY SEAL