Loading...
2000-23981 RESO RESOLUTION NO. 2000-23981 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF REQUEST FOR PROPOSALS NO. 113-99/00 FOR AUDITING SERVICES TO EXAMINE THE CITY'S GENERAL PURPOSE FINANCIAL STATEMENTS OF THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT. WHEREAS, the City's existing Agreement with KPMG Peat Marwick for auditing services is due to expire on September 30, 2000; WHEREAS, the City of Miami Beach is required to have an independent audit of the accounting records of the City annually; and WHEREAS, the purpose of the audit is to examine the City's General Purpose Financial Statements of the City's Comprehensive Annual Financial Report; and WHEREAS, it is necessary to issue the RFP on a timely basis to allow the Administration ample time to complete the RFP review process and forward a contract award recommendation to the Mayor and City Commission, prior to the expiration of the existing agreement with KPMG Peat Marwick. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the issuance of Request for Proposals (RFP) No. 113-99/00 for auditing services to examine the City's General Purpose Financial Statements of the City's Comprehensive Annual Financial Report (CAFR), is hereby approved. PASSED AND APPROVED this the 28 th day of June ,2000. AUk t 1h(k CITY CLERK - )}Ji hi.;,! MAYOR APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION f (fcfJ,f-=- h-JC3 -00 DOt. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us ~. COMMISSION MEMORANDUM NO. 518 -00 TO: Mayor Neisen O. Kasdin and Members oftbe City Commission Lawrence A. Levy ()jf)f' -,. City Manager 7 ~- DATE: June 28, 2000 FROM: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS (RFP) FOR AUDITING SERVICES TO . EXAMINE THE CITY'S GENERAL PURPOSE FINANCIAL STATEMENTS OF THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The primary purpose of the audit is to examine the City's General Purpose Financial Statements of the City's Comprehensive Annual Financial Report (CAFR) for a period of up to five years at the option of the City. The original engagement will be for the fiscal year ending September 30, 2000. Additional years of the engagement would be subject to the approval of the Audit Committee and confirmation by the City Commission annually. The engagement shall include such funds and groups of accounts contained in the City's CAFR except for the financial statements of the Miami Beach Redevelopment Agency, the Fire and Police Retirement System, the General Employees Retirement System and the Unclassified Employees and Elected Officials Retirement System. These component units are audited under a separate cover and have been included as additive alternates subject to the Board's approval. I recommend that the Mayor and City Commission adopt the attached Resolution authorizing the issuance of a Request for Proposals (RFP) No. 113-99/00, for Auditing Services. L?;ff AGENDA ITEM ((.\F' 6-28 -DD DATE . CITY OF MIAMI BEACH lD 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139 httr>:\Iei,miami-beach.ft,us - PROCUREMENT DIVISION Talap/lone (305) 873.74" Facsimile (305) 173-7851 REQUEST FOR PROPOSALS (RFP) NUMBER 113-99/00 AUDITING SERVICES RESPONSES MUST BE RECEIVED NO LATER THAN JULY 31. 2000 AT 3:00 P.M.. AT THE FOLLOWING ADDRESS: City of Miami Beach City Hall Procurement Division, Third Floor 1700 Convention Center Drive Miami Beach, F133139 Fax: (305) 673-7851 RFP 113-99/00 July 7, 2000 F:\PURC\$ALL\JOHN\BIDS\113-990A;WPD 1 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139 :\\d.miami-beach.fI.us CITY OF MIAMI BEACH - PROCUREMENT DIVISION Talaphone (305) 873-74" Facsimile (305) 873-7851 PUBLIC NOTICE Request for Proposal (RFP) NO. 113-99/00 AUDITING SERVICES Scone of Service: The primary purpose of the audit is to examine the City's General Purpose Financial Statements of the City's Comprehensive Annual Financial Report (CAFR). Services will also include the auditing of the books and records, which will al~ include all of the funds and account groups of the City of Miami Beach, Florida. Sealed Proposals will be received until 3:00 D,m. on Julv 31. 2000, at the following address: City of Miami Beach, City Hall- Procurement Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Any response received after 3:00 p.m. on July 31, 2000, will be returned to the proposer unopened. The responsibility for submitting qualifications before the slated time and date is solely strictly the responsibility of the proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Proposal Conference is scheduled for 10:00 a.m. on July 17, 2000 at the following address: City of Miami Beach, City Hall - City Manager's Office, Fourth Floor Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida. The RFQ package is available by calling DemandStar.com at (407) 975-3227 and requesting Document #1133. RFP 113-99/00 July 7, 2000 2 The City of Miami Beach, may at its sole and absolute discretion, reject any and all, or parts of any and ail, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in the RFQ or in the responses received as a result of this RFQ, as deemed in the best interest of the City of Miami Beach. You are hereby advised that this RFQ is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. Requests for additional information or clarifications must be submitted in writinlZ to my attention, and may be forwarded via facsimile to: 305-673-7851.× Thank you, r~ Gus Lopez, CPPO Director of Procurement RFP 113.99/00 July 7, 2000 3 NOTICE TO PROSPECI1VE PROPOSERS RFP NO: 113-99/00 DATE: June 28, 2000 AUDITING SERVICES NO RESPONSE If you are not submitting a response at this time, please detach this sheet from the RFQ documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: D Our company does not handle this type of service. D We cannot meet the scope of work. D Our company is simply not interested in submitting a proposal at this time. D Due to prior commitments, I was unable to attend pre-proposal meeting. OTHER. (please specify) We do D do not D want to be retained on your mailing list for future projects for this type of service. Signature: Title: Company: Note: Failure to respond, either by submitting a proposal or this comple1ed form, may result in your company being removed from the City's bid list. RFP 113-99/00 July 7, 2000 4 TABLE OF CONTENTS PlIlles I. OVERVIEW AND PROPOSAL PROCEDURES 6 - II II. SCOPE OF SERVICES 12 - 13 III. PROPOSAL FORMAT 14 -17 IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 18 - 19 V. GENERAL PROVISIONS 20-21 VI. SPECIAL TERMS AND CONDITIONS 22 VII. ATTACHMENTS 23 VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 24 RFP 113-99/00 July 7, 2000 5 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCfIONIBACKGROUND The audit shall be of the books and records of the City of Miami Beach, Florida, and should cover all of the funds and account groups of the City. The primary purpose of the audit is to examine the City's General Purpose Financial Statements of the City's Comprehensive Annual Financial Report ("CAFR") for a period of up to five years at the option of the City. The original engagement will be for the fiscal year ending September 30, 2000. Additional years of the engagement would be subject to the approval of the Audit Committee and confirmation by the City Commission annually. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP issued July 7, 2000 Pre-Proposal Conference July 17, 2000 at 10:00 p.m. Deadline for receipt of questions July 21, 2000 Deadline for receipt of proposals July 31,2000 at 3:00 p.m. Evaluation committee meeting week of August 7 Projected award date August 11,2000 Projected start date August 14,2000 C. PROPOSAL SUBMISSION An originaI and 10 copies of complete proposal must be received by July 31,2000 at 3:00 p.m. and will be opened on that day and time. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the proposer's name, address, telephone number, RFP number and title, and proposal due date. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly tIBt of the proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. PROPOSALS RECEIVED AFTER THE PROPOSAL DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. RFP 113.99100 July 7, 2000 6 D. PRE-PROPOSAL CONFERENCE A Pre-Proposal Conference is scheduled for 10:00 a.m. on July 17,2000 at the following address: City of Miami Beach, City Hall- City Manager's Office, Fourth Floor Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida. E. CONTACT PERSON/ADDmONAL INFORMATION/ADDENDA The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers are advised that from the date of release of this RFP until award of the contract, no contact with City personnel related to this RFP is permitted, except as authorized by the contact person. Any such unauthorized contact may result in the disqualification of the proposer's submittal. Requests for additional information or clarifications must be made in ....Titing to the Procurement Director no later than the date specified in the RFP timetable. Facsimiles will be accepted at (305) 673-7851. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in any addendwn to this RFP. Proposers are required to acknowledge the number of addenda received as part of their proposals. The proposer should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. F. WITHDRAWALS OF PROPOSALS Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the proposal due date or after expiration of one-hundred twenty (120) calendar days from the opening of proposals without a contract award. Letters of withdrawal received after the proposal due date and before said expiration date and letters of withdI'llwal received after contract award will not be considered. G. MODIFICATION A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will not be considered. RFP 113-99/00 July 7, 2000 7 H. RFP POSTPONEMENT/CANCELLATIONIREJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any proposals received as a result of this RFP. I. COST INCURRED BY PROPOSERS All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the proposer(s) and not be reimbursed by the City. J. VENDOR APPLICATION Prospective proposers should register with the DemandStar.com (the City's Vendor Database Management firm); this will facilitate the receipt of future notices of solicitations when they are issued. Potential proposers may contact DemandStar.com at (800) 711-1712 or register on-line at www.demandstar.com. It is the responsibility of the proposer to inform DemandStar.com concerning any changes, such as new address, telephone nwnber, or commodities. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the proposer to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. L. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". RFP 113-99/00 July 7, 2000 8 M. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require proposers to give oral presentations based on their proposals. The City reserves the right to enter into negotiations with the selected proposer, and if the City and the selected proposer cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected proposer. This process may continue until a contract has been executed or all proposals have been rejected. No proposer shall have any rights in the subject project or property or against the City arising from such negotiations. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendations for contract award by sending a formal protest letter to the Procurement Director, which letter must be received no later than 5 calendar days after award by the City Commission. The Procurement Director will notify the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after 5 calendar days from contract award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protester. O. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of a proposer to execute a contract upon award by the City Commission, or untimely withdrawal of a proposal before such award is made and approved, may result in forfeiture of that portion of any proposal surety required as liquida1ed damages to the City; where surety is not required, such fuilure may result in a claim for damages by the City and may be grounds for removing the proposer from the City's vendor list. RFP 113-99/00 July 7, 2000 9 Q. CONFLICf OF INTEREST All proposers must disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the proposer or any of its affiliates. R. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqua1ification of their proposals, in the event of such non-compliance. S. PROPOSER'S RESPONSIBILITY Before submitting a response, each proposer shall make all investigations and exanlinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful proposers from any obligation to comply with every detail and with all provisions and requirements of the contract documents, nor will it be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the proposer. T. RELATION OF CITY It is the intent of the parties hereto that the successful proposer be legally considered as an independent contractor and that neither the proposer nor the proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. RFP 113.99/00 July 7, 2000 10 U. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not sulmit 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, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. V. CONE OF SILENCE You are hereby advised that this RFP is subject to the "Cone of Silence," in accordan:e with Ordinance No. 99-3164. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on communication with the City's professional staff. The Ordinance does not apply to oral communications at pre-bid conferences, if held, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of this RFP by the City Commission, or communications in writing at any time with any city employee, official, or member of the City Commission unless specifically prohibited. A copy of all written communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall render this RFP award to said bidder or proposer void, and said bidder or respondent shall not be considered for any RFP, RFQ, RFLI or bid fora contract for the provision of goods or services for a period of one year. W. DEBARMENT ORDINANCE Bidders are hereby advised that this RFP is further subject to City ofMiami Beach Ordinance No. 2000.3234 (The City's Debarment Ordinance). Bidders are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract as well as disqualification from consideration on any City of Miami Beach RFP, RFQ, RFLI, or bid. X. CODE OF BUSINESS ETHICS Pursuant to Resolution No.2000-23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bid/proposal or within five days upon receipt of request. The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. RFP 113-99/00 July 7, 2000 11 SECTION n - SCOPE OF SERVICES The original engagement shall include such funds and groups of accounts contained in the City's CAFR except for the financial statements of the Miami Beach Redevelopment Agency, The Fire and Police Retirement System, the General Employees Retirement System and the Unclassified Employees and Elected Officials Retirement System. These component units are audited under a separate cover and have been included as additive alternates, subject to their Board's approval, in this RFP. The auditors should express an opinion on the fairness of the presentation of the City financial statements in accordance with generally accepted auditing standards and performed in compliance with Federal, State and City orders, statutes, ordinances, resolutions, bond covenants, rules and regulations which may pertain to the work required in the engagement. The auditors will provide guidance with the implementation of GASB34 and will examine the financial stalements as required in conformity with generally accepted accounting principles. An evaluation is to be made of the system of intemal control to assess the extent that it can be relied upon to insure accurate information and compliance with laws and regulations and to provide for efficient and effective operation. The study of internal control should include a review of the system and test of compliance. A review is to be made of the information technology operations of the City and controls to assure protection of files and prevention of processing errors. The auditor shall prepare the Report of Independent Certified Public Accountants for inclusion on the CAFR. The auditor shall also submit the following reports for inclusion in the report to the Auditor General: Report of Independent Certified Public Accountants, Report of Independent Certified Public Accountants on Compliance and Internal Controls, Management Letter, and Memorandum of Accounting Procedures and Internal Controls (as needed). The auditor shall prepare the following reports and schedules as required for the Single Audit Report: . Table of Contents for Single Audit . Report of Independent Certified Public Accountants in compliance with requirements applicable to each major program and on intemal control over compliance in accordance with OMB Circular A-133. . Notes to Schedule of Expenditures of Federal Awards . Schedule of Findings and Questioned Cost . Report of Independent Certified Public Accountants on EJCamination of Management Assertion about Compliance with Specified Requirements of State Financial Assistance . Management Assertion Reports RFP 113-99/00 July 7, 2000 12 1be auditor shall also prepare a management letter which shall contain the audit findin~ which may include the following material items discovered within the scope of the audit: . Whether errors or irregularities in the preceding audit report have been corrected; . Whether recommendations made in the preceding audit report have been followed; . Recommendations to improve management, accounting procedures, intemal controls, and increase efficiency; . Violation of the laws, rules and regulations discovered within the scope of the audit; . Improper or inadequate accounting procedures; . Failure to properly record financial transaction; . Other inaccuracies, irregularities, shortages and defalcations, if any, discovered by the auditor. RFP 113-99/00 July 7, 2000 13 SECfION m - PROPOSAL FORMAT Proposals must contain the following documents, each fully completed lUld signed as required. Proposals which do not include all required documentation or are not submitted in the required format, or which do not have the appropriate signatures on each document, may be deemed to be non-responsive. Non-responsive proposals will receive no further consideration. A. CONTENTS OF PROPOSAL I. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Prooosal Points to Address: Proposer must respond to all minimum requirements listed below, and provide documentation which demonstrates ability to satisfy all of the minimum qualificatioo requirements. Proposals which do not contain such documentation may be deemed non-responsive. 3. Price Prooosal Firms are requested to quote fees for the work they are proposing to perform. This fee quote should provide a breakdown of anticipated hours and rates of the various classes of personnel to be assigned to the engagement. In recent years the annual audit of the City has taken approximately 1,700 hours according to the City's current external auditors. The City makes no guarantees as to how many hours future City audits will take. It is the responsibility of the respondents to make such estimates based on their estimates of the requirements of the engagement. 4 Additive Alternates As additions to this engagement, the City is requesting that additional fee quotes be submitted for engagements to audit the records of: a. General Employees Pension System b. Unclassified Employees and Elected Officials Retirement System c. Miami Beach Redevelopment Agency d. Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts as managed by SMG. e. Miami Beach Visitor and Convention Authority f. City of Miami Beach Parking System Quotes for these additional engagements should be individually submitted and may be selected by the City in whole or in part. Approval of these alternates will be contingent on the various Boards of these entities authorizing the engagements. RFP 113-99/00 July 7, 2000 14 5. Ac1mowleslament of Addenda and Proooser Information forms {Section VIm 6. Anv other document reauired bv this RFP. such as a Ouestionnaire or ProoosaI Guarantv. B. MINIMUM QUALIFICATION REQUIREMENTS Each firm interested in responding to this Request for Proposa1s must provide the following information. Proposals that do not respond completely to all requirements may be considered non- responsive and eliminated from the process. I ReSDOndent OuaIifications a. Describe the respondent's professional development program, including the approximate number of hours of continuing education attended by the respondent. Also indicate the number of days of specialized training in governmental accounting and auditing received during the last two years of personnel to be assigned to this engagement. Indicate compliance with the State Board of Accountancy requirements applicable to audits of Florida local governments. b. Describe the participation of the respondent in national or state, governmental or professional, accounting or auditing Boards or Committees during the last three years. c. Describe the respondent's quality control programs and procedures that ensure compliance with the respondents professional standards review and AlCP A standards. Indicate whether the respondent is in the SEC Practice Section and/or the Private Companies Practice Section of the Quality Control Program. If the respondent answered positively to the preceding, attach a copy of the last Peer Review received by the respondent. d. Describe the respondent's (local office for national firms) experience in providing accounting and auditing services to local governments. e. Describe any litigation in excess of $1 00,000 filed against the respondent in the State of Florida over the last three years. Also describe any terminations, suspensions, censures, reprimands, probations or similar actions against the respondent or any member of the respondent's firm by the Florida State Board of Accountancy in the last three years. RFP 113-99/00 July 7, 2000 15 f. The respondent will make a statement as to their independence with regard to the City. 2. Ouaiifications ofProiect Team: List the members of the project team. Provide a list of the personnel to be used on the project and their qualifications. A resume including education, experience, licenses and any other pertinent information shall be included for each team member, including subcontractors to be assigned to each project These resumes should be, at minimum, for the partner, the manager and the senior for this engagement. The resume should include the continuing education in governmental auditing and other governmental audit engagements that they have undertaken. 3. MethodolollV and ADDroach: Describe the respondent's approach to this audit engagement. This should include at least the following: o Development of the audit program o Organization of the audit team and titles of teams members and approximate amount of time each such class of member will spend on the audit. o The names of the partner and manager that will be assigned to this engagement and the extent of their involvement with this engagement. Any substitution of these individuals must be approved by the Audit Committee prior to any change of staffing. o The proposed schedule for the audit o Any anticipated use of internal audit staff or other City staff. o Provide at least five (5) client references within the south Florida area. 4. Previous Similar Proiects: A list of a minimum of ten similar projects must be submitted. Information should include: · Client Name, address, contact phone number. · Description of similar scope of services. · Month and Year the project was started and completed. RFP 113.99/00 July 7, 2000 16 S. Traininll The City desires to maintain and improve the level of training of its personnel assigned to the internal audit function and in accounting positions. The proposes should indicate if the firm conducts any training for its employees and if City personnel could attend such training. 6. Award of Contract It is anticipated that the Evaluation Committee will review these proposals and recommend a qualified accounting firm to the City Manager who will make a recommendation to the City Comission. The City Commission will select the accounting firm to undertake the engagement and authorize the City Manager or his designee, to negotiate with the selected firm or firms for the engagement. 7. References Provided bv Prior Clients: RFP 113-99/00 July 7, 2000 17 SEcrION IV - EV ALUATIONISELEcrION PROCESS: CRITERIA FOR EVALUATION The procedure for proposal evaluation and selection is as follows: I. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals acceptance of which the Evaluation Committee deems to be in the best interest of the City. Proposals will be evaluated on the basis ofthe following criteria: . Firm's Experience in Auditing Services . Qualifications of Project Team . Methodology and Approach . Previous Similar Projects . References Provided by Prior Clients . Fees 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals acceptance of which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commk'lion deems to be in the best interest of the City. The City Commission may also reject all proposals. RFP 113-99/00 July 7, 2000 18 8. Negotiations between the selected proposer and the City Manager take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiae a contract with a proposer other than the top-ranked proposer if the negotiations with the top- ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (or have) done so. Important Note: By submitting a proposal. all proposen shall be deemed to undentand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP 113-99/00 July 7, 2000 19 SECfION V - GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful proposer. B. INDEMNIFICATION The successful proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or dllmage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of service pursuant to the resuItant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the sua:essful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. RFP 113-99/00 July 7, 2000 20 D. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving wrltim notice to successful proposer of such termir.ation, which shall become effective thirty (30) days following receipt by proposer of such notice. In that event, ail finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as p'Ovided in this section, the City shall compensate the successful proposer in accordance with the Agreement for ail services actually performed by the successful proposer and reasonable direct costs of successful proposer for assembling and delivering to City ail documents. No compensation shall be due to the successful proposer for any profits that the successful proposer expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. RFP 113-99/00 July 7, 2000 21 SECfION VI - SPECIAL TERMS AND CONDITIONS A. INSURANCE The successful proposer(s) shall obtain, provide, and maintain during the term of the proposed Agreement the following types and amounts of insurance issued by insurers licensed to sell insurance in the State of Florida and having a B+ VI or higher rating in the latest edition of A.M. Best's Insurance Guide. Any exceptions to these requirements must be approved by the City Manager or designee. I. Commercial General Liability. A policy including, but not limited to, comprehensive general liability including bodily injury, personal injury, property damage in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as additional insured on policy. 2. Professional Liability (Erron and Omissions). Minimum of $1,000,000 per occurrence. 3. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance in accordance with State worker's compensation laws. Thirty (30) days' written notice of cancellation or substantial modification in insurance coverage must be given to the City by the architect/engineer and its insurance company. Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed Agreement. FAILURE TO PROCURE INSURANCE: The successful proposer's failure to procure or maintain the required insurance shall constitute a material breach of the proposed Agreement, giving the City the right to terminate the proposed Agreement, RFP 113-99/00 July 7, 2000 22 SECTION VII - ATIACHMENTS 1. Miami Beach Ordinance No. 99-3164, "Cone ofSUence" 2. Miami Beach Lobbyist Ordinance No. 92-2785. 3. Miami Beach Ordinance No. 2000-3234, "Debarment" RFP 113-99/00 July 7, 2000 23 SECI10N VID - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 1. Proposer Information 2. Acknowledgment of Addenda 3. Fee Proposal Form 4. Declaration 5. Questionnaire RFP 113-99/00 July 7, 2000 24 PROPOSER INFORMATION Snbmitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the City reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (printed Name) RFP 113-99/00 July 7.2000 25 REQUEST FOR PROPOSALS NO. 113-99/00 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part n, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No. I, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff member Date (Proposer - Name) (Date) (Signature) RFP 113-99/00 July 7. 2000 26 FEE PROPOSAL FORM Firms may proposed fees in any or all of the following areas, in accordance with Section n of this RFP. CAFR $ $ General Employees Pension System Unclassified Employees and Elected Officials Retirement System $ Miami Beach Redevelopment Agency $ Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts as managed by SMG. $ Miami Beach Visitor and Convention Authority $ City of Miami Beach Parking System $ PROPOSER'S NAME: SIGNATURE: TITLE: ADDRESS: TELEPHONE NUMBER: RFP 113-99/00 July 7, 2000 27 DECLARATION TO: Lawrence A. Levy City Manager City of Miami Beach, Florida Submitted this day of ,2000. The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship be1ween the proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The proposer states that the proposal is based upon the documents identified by the following number: RFP No. I 13-99/00 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP 113-99/00 July 7, 2000 28 Proposer'. Name: Principal Office Addrees: Official Representative: Individual Partnership (Circle One) Corporation If a Corooration. answer this: When Incorporated: In what State: If Foreilrn Corooration: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President'. Name: Vice-President'. Name: Treasurer'. Name: Members of Board of Directors: RFP 113-99/00 July 7. 2000 QUESTIONNAIRE 29 9uestionnaire (continued) If a Partnershin: Date of organization: General or Limited Partnership.: Name and Address of Each Partner: NAME ADDRESS · Designate general partners in a Limited Partnt'rship I. Number of years of relevant experience in operating similar Business: 2. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes () No () If yes, give details on a separate sheet. 3. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years. or been declared to be in default in any contract in the last 5 years? If yes, please explain: RFP 113-99/00 July 7, 2000 30 Questionnaire (continued) 4. Has the proposer or any or its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. S. Person or persons interested in this bid and Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%.) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (S) years: C. List any criminal violations and/or convictions of the proposer and/or any or its principals: RFP 113-99/00 July 7, 2000 31 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, so state.) RFP 113-99/00 July 7, 2000 32 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationship8 which would constitute a conflict of interest, either actual or perceived, with any proposer and/or individuals and entities comprising or representing such proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this ProposaL This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. RFP 113-99/00 July 7, 2000 33 The proposer undentands that inCormation contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the proposer to be true. The undenigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications ofthe proposer, as may be required by the City Manager. The proposer further undentands that the inCormation contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the proposer agrees to cooperate with this investigation, including but not necessarily limited to fmgerprinting and providing information Cor credit check. WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESSES: IF PARTNERSHIP: Signature Print Name oC Firm Print Name Address Signature By: (General Partner) (print Name) (print Name) WITNESSES: IF CORPORATION: Print Name of Corporation Signature Print Name Address By: President Attest: Secretary (CORPORATE SEAL) RFP 113.99/00 July 7, 2000 34 DMSION J. LOBBYISTS See. %-481. DeflnitloDl. The following words, terms and phrases, when used in this division, sbaIJ have the meanings ascribed to them in this action, except where the context clearly indicates a different meaning: Advisory personnel means the members of those cityboards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commissioners. Autonomous personnel includes but is not limited to the members of the housing authority, personnel board, pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas of responsibility. Commissioners means the mayor and members of the city commission. Departmental personnel means the city manager, all assistant city managers, all department heads, the city attorney, chief deputy city attorney and all assistant city attorneys; however, all departmental personnel when acting in connection with administrative hearings shall not be included for purposes of this division. Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner,any action, decision, recommendation of any city board or committee; or any action, decision or recommendation of anypersonnel defined in any manner in this section, during the timc period of the entire decision-making process on such action, decision or recommendation that foreseeably will be heard or reviewed by the city commission, or a city board or committee. The term specifiea1ly incMes the principal as well as any agent, attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, attorney, officer or employee. Quasi.judicial personnel means the members of the planning board, the boardof adjustment and such other boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board, special masterbearings and administrative hearings shall not be included for purposes of this division. (Ord. No. 92-2777, ~~ 1,2,3-4-92; Ord. No. 92-2785, ~~ 1,2,6-17-92) Cross reference(s)-Definitions generally, ~ 1-2. See. 2-482. Registration. (a) All lobbyists sbaI1, before engaging in any lobbying activities, register with the city c1erk. Every person required to regiSr shall register on forms prepared by the clerk, pay a registration fee as specified in appendix A and state under oath: (1) His name; (2) His business address; (3) The name and business address of each person or entity which bas employed the registrant to lobby; (4) The commissioner or personnel sought to be lobbied; and (5) The specific issue on which he bas been employed to lobby. (b) Any change to any inflrmation originally filed, or any additional city commissioner or personnel who are also sought to be lobbied sbaIJ require that the lobbyist file an amendment to the registration forms, although no additional fee shall be required for such amendment The lobbyist bas a continuing duty to supply information and amend the forms filed throughout the period for which the lobbying occurs. (c) If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or beneficiary sba1l also be identifed. Without limiting the foregoing, the lobbyist sba1l also ideItify all persons holding, directly or indirectly, a five pen:ent or more ownership interest in such corporation, partnership, or trust. RFP 113-99/00 July 7, 2000 35 (d) Separate registration sball be required for each principal represen1ed on each specific issue. Such issue shall be described with as much detai1as is practical, including but not limited to a specific description where applicable of a pendingrequest for a proposal, invitation to bid, or public hearing number. The city clerk shall reject any registration statement not providing a description of the specific issue on which such lobbyist has been employed to lobby. (e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate notice of withdrawal. (I) In addition to the registration fee required in subsection (a) of this section, registration ofali lobbyists shall be required prior to October 1 of every even-numbered year;and the fee for biennial registration shall be as specified in appendix A. (g) In addition to the matters addressed above, every registrant shall be required to state the extent of any business, financial, familial or professional relationship, or other relationship giving rise to an Ippearance of an impropriety, with any current city commissioner or personnel who is sought to be lobbied as identified on the lobbyist registration form filed. (b) The registration fees required by subsections (a) and (I) of this section shall be deposited by the clerk into a separate account and sball be expended only to cover the costs incurred in administering the provisions oftbisdivision. There shall be no fee required for filing a notice of withdrawal, and the city manager shall waive the registration fee upon a fmding of financial hardship, based upon a sworn statement of the applicant. Any person who only appears as a representative of a nonprofit corporation or entity (such as a charitable organization, a neighborhood or homeowner association, a local chamber of commerce or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register with the clerk as required by this section. Copies of registration forms sball be furnished to each commissioner or other personnel named on the forms. (Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92) Sec. 2-483. (a) (b) Exceptions to registration. Any public officer, employee or appointee or any person or entity in contractual privity with the city who only appears in his official capacity shall not be required to register as a lobbyist. Any person who only appears in his individual capacity at a public heaing before the city commission, planning board, board of adjustment, or other board or committee and bas no other communication with the personnel defined in section 2-481, for the purpose of self-representation without compensation" reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist, including but not limited to those who are meml>ea of homeowner or neighborhood associations. All speakers shall, however, sign up on fonm available at the public hearing. Additionally, any person requested to appear before any city personnel, board or commission, or any person compelled to answer for or appeaIinga code violation, a nuisance abatement board hearing, a special master hearing or an administrative hearing shall not be required to register, nor shall any agent, attorney, officer or employee of such person. Sec. 2-484. (Ord. No. 92-2777, H 4, 5, 3-4-92; Ord. No. 92-2785, H 4, 5, 6-17-92) Sign-in logs. In addition to the registration requirements addressed above, all city departments, including the offices of the mayor and city commission, the offices of the city manager, and the offices of the city attorney, sba11 maintain signed sign-in logs for all noncity employees or personnel for registration when they meet with any personnel as defined in section 2-481. (Ord. No. 92-2785, ~ 6, 6-17-92) Sec. 2-485. (a) (b) List of expenditures. On October 1 of each year, lobbyists sba11 submit to the city clerk a signed statement under oath listing all lobbying expenditures in the city for the preceding calendar year. A statement sba11 be filedeven if there have been no expenditures during the reporting period. The city clerk sba11 publish logs on a quarterly and annual basis reflecting the 10bbyist registrations filed.A1l1ogs required by this section sba11 be prepared in a manner substantially similar to the logs prepared for the state legislature pursuant to F.S. ~ 11.0045. RFP 113-99/00 July 7, 2000 36 (c) AU members of the city commission and all city perscnne1 sba1l be diligent to ascertainwhetber persons required to register punuant to this section have complied with the requirements of this division. Commissioners or city personnel may not knowingly permit themselves to be lobbied by a person who is not registered pursuant to this section to lobby the commissioner or the relevant committee, board or city personnel. (d) The city attorney shall investigate any persons mgaged in lobbying activities who are reported to beIn violation of this division. The city attorney sba1l report the results of the investill'tion to the city commission. Any alleged violator shall also receive the results of any investigation and shall have the opportunity to rebut the fmdings, if necessary, and submit any written material in defense to the city commission. The city commission may reprimand, censure, suspend or prohibit such person from lobbying before the commission or any committee, board or personnel of the city. (Ord. No. 92-2777, fi 6, 3-4-92; Ord. No. 92-2785, fi 7, 6-17-92) RFP 113-99/00 July 7, 2000 37 DMSION 4. PROCUREMENT See. 2-486. Cone of silence. (a) Contracts for the provision of goods and services other than audit contracts. (1) Definition. "Cone of silence" is hereby defmed to mean a prohibition on: Ca) any communication regarding a particular request for proposal C"RFP"), request for qualifications C"RFQ"), request for letters of interest C"RFL1"), or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the city's professional staff including, but not limited to, the city manager and his or her staff; and Cb) any communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective staffs, and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds administered by the city office of community development, and communications with the city attorney and his or her staff. (2) Procedure. &. A cone of silence sbalI be imposed upon each RFP, RFQ, RFLI, and bid after the advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone of silence, the city manager or his or her designee shall provide for public notice of the cone of silence. The city manager shall include in any public solicitation for goods and services a statement disclosing the requirements of this division. b. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the city commission; provided, however, that if the city commission refers the manager's recommendation back to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, orb) in the event of contracts for less than $10,000.00, when the city manager executes the contract. (3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid conferences, oral presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the city commissioners during any duly noticed public meeting, contract negotiations with city staff following the award of an RFP, RFQ, RFLI, or bid by the city commission, or communications in writing at any time with any city employee, official or member of the city commission, unless specifically prohibited by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall file a copy of any written communications with the city clerk. The city clerk shall make copies available to any person upon request. (b) Audit contracts. (1) "Cone of silence" is hereby defined to mean a prohibition on: Ca) any communications regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and any member of the city's professional staff including, but not 1imitcd to the city manager and his or her staff, and (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners or their respective staffs and any member of the city's professional staff including, but not limited to, the city manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply to communications with the city attorney and his or her staff. (2) Except as provided in subsections (bX3) and (bX4) hereof, a cone of silence shall be imposed upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP, RFQ, RFLI, or bid. At the lime of the imposition of the cone of silence, the city manager or his or her designee shan provide for the public notice of the cone of silence. The cone of silence shall terminate a) at the time the city manager makes his or her written recommendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the city RFP 113-99/00 July 7, 2000 38 commission; provided, however, that if the ~ity commission refers the manager's recommendation beck to the city manager or staff for further review, the cone of silence shall be reimposed until such time as the manager makes a subsequent written recommendation, or b) or in the event of contracts for less than $10,000.00, when the city manager executes the contract. (3) Nothing contained herein shall prohibit any bidder or proposer: (i) from making public presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee meetings; (ii) from engaging in contract discussions during any duly noticed public meeting; (iii) from engaging in contract negotiations with city staff following the award of an RFP, RFQ, RFL1, or bid for audit by the city commission; or (iv) from communicating in writing with any city employee or official for purposes of seeking clarification or additional information from the city or responding to the city's request for clarification or additional information, subject to the provisions of the applicable RFP, RFQ, RFL1, or bid documents. The bidder or proposer shall file a copy of any written communication with the city clerk. The city clerk shall make copies available to the general public upon request. (4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity from publicly addressing the city commissioners during any duly noticed public meeting regarding action on any audit contract. The city manager shall include in any public solicitation for auditing services a statement disclosing the requirements of this division. ( c) Violations/penalties and procedures. An alleged violation of this section by a particular bidder or proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, shall render any RFP award, RFQ award, RFLl award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLl or bid for a contract for the provision of goods or services for a period of one year. Any person who violates a provision of this division shall be prohibited from serving on a city evaluation committee. In addition to any other penalty provided by law, violation of any provision of this division by a city employee shall subject said employee to diseip1inlll)' action up to and including dismissal. Additionally, any person who has personal knowledge of a violation of this division shall report such violation to the state attorney and/or may file a complaint with the county ethics commission. (Ord. No. 99-3164, ~ 1, 1-6-99) RFP 113-99/00 July 7, 2000 39