RFP 34-11/12 REQUEST FOR
PROPOSALS
( RFP)
RFP NO. 34-11,12
FOR AUDITING SERVICES TO EXAMINE THE CITY'S BASIC
FINANCIAL STATEMENTS INCLUDED IN THE CITY'S
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FEDERAL
GRANT PROGRAMS AND STATE PROJECTS (OMB A-133 SINGLE
AUDIT), THE MIAMI BEACH REDEVELOPMENT AGENCY'S BASIC
FINANCIAL STATEMENTS (RDA), THE PARKING SYSTEMS FUND'S
(PSF) FINANCIAL STATEMENTS, THE MIAMI BEACH VISITOR AND
CONVENTION AUTHORITY'S (VCA) FINANCIAL STATEMENTS, THE
MIAMI BEACH CONVENTION CENTER FINANCIAL STATEMENTS, THE
BUILDING BETTER COMMUNITIES BOND PROGRAM (BBC) THE
CHILDREN TRUST GRANT PROGRAM (CT), AND THE SAFE
NEIGHBORHOOD PARKS AND BOND PROGRAM (SNP).
RFP Issuance Date: April 20, 2012
PROPOSAL DUE DATE: May 18, 2012 at 3:00 P.M.
PAMELA J. LEJA-KATSARIS,CPPO,CPPB,Sr.Procurement Specialist
CITY HALL
PROCUREMENT DIVISION, 3RD Floor
1700 Convention Center Drive Miami Beach, FL 33139
Phone: 305.673.7490
Fax: 786.394.4006
E-mail: PamelaLeia @miamibeachfl.gov
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490,Fax:786-394-4006
PUBLIC NOTICE
Request for Proposals No. 34-11112 For Auditing Services To Examine The City's Basic Financial
Statements Included In The City's Comprehensive Annual Financial Report (CAFR), Federal
Grant Programs And State Projects (OMB A-133 Single Audit), The Miami Beach Redevelopment
Agency's Basic Financial Statements (RDA), The Parking Systems Fund's (PSF) Financial
Statements, The Miami Beach Visitor And Convention Authority's (VCA) Financial Statements,
The Miami Beach Convention Center Financial Statements, The Building Better Communities
Bond Program (BBC) The Children-Trust Grant Program (C-T), And The Safe Neighborhood Parks
And Bond Program (SNP).
The purpose of the audit is to examine the City's Basic Financial Statements included in the City's
Comprehensive Annual Financial Report (CAFR). The engagement shall also include the Single Audit,
PSF, VCA, Convention Center, BBC, CT, and SNP audits, for a term of up to five (5) years (to be
determined at the option of the City).
The original engagement will be for the City's fiscal year ending September 30, 2012. Additional years
of the engagement or additional auditing services would be subject to the approval of the Audit
Committee and confirmation by the City Commission annually.
Sealed proposals will be received until 3:00 PM on May 18, 2012, at the following address:
City of Miami Beach City Hall
Procurement Division—Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
ANY PROPOSAL RECEIVED AFTER 3:00 PM ON MAY 18, 2012, WILL BE RETURNED TO THE
PROPOSER UNOPENED, AND . WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR
SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE.
RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS
CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE.
A Pre-Proposal Submission Meeting is scheduled for May 1, 2012 at 10:00a.m. at the following address:
City of Miami Beach City Hall
Mayor's Conference Room—Fourth Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) to this Pre-Proposal Submission Meeting is encouraged and
recommended as a source of information, but is not mandatory. Proposers interested in participating in
the Pre-Proposal Submission Meeting via telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America)
(2) Enter the MEETING NUMBER: 8982915#
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Proposers who are interested in participating via telephone, please send an e-mail to
ParnelaLeia(M-miamibeachfl.gov expressing your intent to participate via telephone at least one
business day in advance of the meeting.
The City utilizes BidNet for automatic notification of bid opportunities and document fulfillment. This
system allows vendors to register online and receive notification of new bids, amendments and awards.
Vendors with Internet access should review the registration options at the following website:
http://www.govbids.com/scripts/panhandle/public/home1.asp?utm medium=referral&utm source=Ml
A28FL&utm campaign=web site. If you do not have Internet access, please call the BidNet support
i
group at 800-677-1997 extension#214.
The City also provides bid information on its website, please visit:
http://web.miamibeachfl.gov/procurement.
PROPOSERS ARE HEREBY ADVISED THAT THIS RFP IS SUBJECT "TO THE FOLLOWING
ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE:
hftp://www.miamibeachfl.gov/newcity/depts/purchase/bidintro.asp
• CONE OF SILENCE -- ORDINANCE NO. 2002-3378
• PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344.
• DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES — ORDINANCE NO. 2002-3363.
• CAMPAIGN CONTRIBUTIONS BY VENDORS- ORDINANCE NO. 2003-3389.
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR
DOMESTIC PARTNERS -ORDINANCE NO. 2005-3494
• LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS — ORDINANCE NO. 2011-
3747.
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY
VETERANS AND TO STATE-CERTIFIED SERVICE-DISABLED VETERAN BUSINESS
ENTERPRISES -ORDINANCE NO. 2011-3748.
• CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879.
Any questions or requests for clarifications concerning this RFP shall be submitted by"e-mail to:
ParnelaLeia(ED-miarnibeachfl.gov, with copies also submitted to the City Clerk:
RafaelGranado @miamibeachfl.gov.
All questions or requests for clarifications must be received no later than five (5) calendar days prior to
the scheduled RFP submission date.
All responses to questions/clarifications will be sent to Proposers in the form of a written addendum.
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO
BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR
INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS.
Sincerely,
Raul J. Aguila
Chief Deputy City Attorney
(for Procurement Division)
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
PROCUREMENT Division
Tel: 305.673.7490 Fax:786.394.4006
RFP No. 34-11/12
NOTICE TO PROSPECTIVE PROPOSERS
If not submitting a Proposal at this time, please detach this sheet from the RFP documents,
complete the information requested, and return to the address listed above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Not responding due to workload issues
Not responding due to minimum qualifications requirements
Not responding due to scope of services
Not responding due to project's size and/or complexity
OTHER. (Please specify)
We do do not want to be retained on your mailing list for future proposals for the type or
product and/or service.
Signature:
Title:
Company:
Note: Failure to respond, either by not submitting a proposal or this completed form, may
result in your company being removed from the City's bid list.
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490,Fax: 786.394.4006
TABLE OF CONTENTS
PAGE
I. OVERVIEW AND PROPOSAL PROCEDURES 6-11
II. SCOPE OF SERVICES 12-16
III. PROPOSAL FORMAT 17-18
IV. EVALUATION/SELECTION PROCESS/
CRITERIA FOR EVALUATION 19
V. SPECIAL TERMS AND CONDITIONS-INSURANCE 20-21
VI. PROPOSAL DOCUMENTS TO BE COMPLETED AND 21-41
RETURNED TO CITY WITH PROPOSAL SUBMISSION
-All items outlined as required under Proposal Format(Section III)
And Scope of Services/Specifications (Section II)
-Signed Insurance Checklist
-Proposer Information
-Acknowledgment of Addenda
-Declaration
-Sworn Statement/Section 287.133(3) (a), Florida Statutes -
Public Entity Crimes
-Questionnaire
-Acknowledgment Letter
-Disclosure and Disclaimer
-Declaration: Non-Discrimination in Contracts and Benefits
-Reasonable Measures Application (if applicable)
-Substantial Compliance Form (if applicable)
VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE PROPOSERS
-Performance Evaluation Letters 42
-Performance Evaluation Survey 43
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SECTION I -OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTION /BACKGROUND
The Mayor and City Commission at its March 21, 2012 meeting, authorized the Administration to issue
this RFP for Auditing Services.
The purpose of the RFP is to solicit professional auditing services to examine the City's Basic Financial
Statements included in the City's Comprehensive Annual Financial Report (CAFR). The engagement
shall also include the Single Audit, PSF, VCA, Convention Center, BBC, CT, and SNP audits. The term
of the contract entered into between the City and the successful proposer(s) shall be for an initial term of
up to five (5)years, to be determined at the option of the City.
n in September 30 2012
. Additional ears of the
The original en a engagement will be for the fiscal eared g p Y
99 Y
engagement or additional auditing services would be subject to the approval.of the Audit Committee and
confirmation by the City Commission annually.
There are ten services which are required as part of this RFP. All services must be included in
Proposers' responses in order for such responses to be considered.
B. RFP TIMETABLE
The anticlRated schedule for this RFP is as follows:
RFP issued April 20, 2012
Pre-proposal submission meeting May 1, 2012 at 10:00 a.m.
Deadline for receipt of questions May 3, 2012 at 5:00 p.m.
Deadline for receipt of Proposals May 18, 2012 at 3:00 p.m.
Evaluation Committee review May/June 2012
Commission approval authorizing negotiations July 2012
Contract negotiations July 2012
C. PROPOSAL SUBMISSION
An original and ten (10) copies of complete Proposals, plus a CD, must be received no later than 3:00
p.m. on May 18, 2012, at the following address:
City of Miami Beach City Hall
Procurement Division --Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
The original and all copies, plus the CD, must be submitted to the Procurement Division in a sealed
envelope or container stating on the outside the Proposer's name, address, and RFP number and title.
No facsimile, electronic, or e-mail Proposals will be considered.
THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR
BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE
PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR.DELAYS CAUSED BY MAIL,
COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE.
ANY PROPOSAL RECEIVED AFTER 3:00 P.M. ON MAY 18, 2012 WILL BE RETURNED TO THE
PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND.TIME WILL
NOT BE ACCEPTED AND WILL NOT BE CONSIDERED.
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D. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR
DOMESTIC PARTNERS
The contract awarded pursuant to this RFP is subject to the City's Equal Benefits Ordinance (as adopted
pursuant to Ordinance No. 2005-3494, and as codified in Section 2-373 of the City Code entitled,
"Requirement for City Contractors to Provide Equal Benefits for Domestic Partners, and hereafter
referred to as the"Ordinance").
The Ordinance applies to all employees of a Contractor who work within the City limits of the City of
Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the
City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
The City shall not enter into any contract unless the bidder/proposer certifies that such firm does not
discriminate in the provision of Benefits between employees with Domestic-Partners and employees with
spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also
comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or
Benefits, if the City Manager or his designee determines that the Contractor has made reasonable yet
unsuccessful effort to provide Equal Benefits. The Contractor shall complete and return the "Reasonable
Measures Application"contained herein, and the Cash Equivalent proposed.
It is important to note that Contractors are considered in compliance if Contractor provides benefits
neither to employees' spouses nor to employees' Domestic Partners.
Attached to this RFP are the following documents that need to be returned to the City with your Proposal
or, if omitted as part of your Proposal submission, within-five (5) calendar.days after receipt of written
request from the City:
• Declaration: Nondiscrimination in Contracts and Benefits Form;
• Reasonable Measures Application Form; and
• Substantial Compliance Authorization Form.
E. PRE-PROPOSAL SUBMISSION MEETING
A Pre-Proposal Submission Meeting is scheduled for Tuesday, May 1, 2012 at 10:00 a.m. at the
following address: City of Miami Beach City Hall — 4t' Floor, Mayor's Conference Room, 1700
Convention Center Drive, Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information,
but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via
telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America)
(2) Enter the MEETING NUMBER: 8982915#
Proposers who are interested in participating via telephone should send an e-mail to the contact person .
listed in Section E of this RFP expressing their intent to participate via telephone.
F. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is Pamela Leja-Katsaris, Sr. Procurement Specialist, who may be
reached by phone at 305.673.7490; fax at 786.394.4006, or e-mail at
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Pamela Leja(aD-miamibeachfl.gov. Oral communications between a proposer, bidder, lobbyist, and/or
consultant and.the Procurement contac tare limited to matters of process or procedure.
Requests for additional information or requests for clarifications must be made in writing to the
Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions and/or
requests for clarifications to PamelaLeja @miamibeachfi.gov, with a copy to the City Clerk's Office at
RafaelGranado(a-)-miamibeachfl.gov, no later than the date specified in the RFP timetable.
The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he
deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers
should not rely on representations, statements, or explanations (whether verbal or written), other than
those made in this RFP or in any written addendum to this RFP. Proposers .should verify with the
Procurement Division prior to submitting a Proposal that all addenda have been received.
PURSUANT TO THE CITY'S CONE OF SILENCE ORDINANCE, AS-CODIFIED IN SECTION 2486
OF THE CITY CODE, PROPOSERS ARE ADVISED THAT ORAL COMMUNICATIONS BETWEEN
THE PROPOSER, OR THEIR REPRESENTATIVES AND 1) THE MAYOR AND CITY
COMMISSIONERS AND THEIR RESPECTIVE STAFF; OR 2) MEMBERS OF THE CITY'S
ADMINISTRATIVE STAFF (INCLUDING BUT NOT LIMITED TO THE CITY MANAGER AND HIS
STAFF); OR 3) EVALUATION COMMITTEE MEMBERS, IS PROHIBITED.
G.. MODIFICATION/WITHDRAWALS OF PROPOSALS
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.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due
date, or after expiration of 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
withdrawal received after contract award will not be considered.
H. RFP POSTPONEMENT/CANCELLATION/REJECTION
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. COSTS INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of Proposals, or any work performed in
connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the
Proposer, and shall not be reimbursed by the City.
J. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and
outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept
or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are
rejected, the City shall require the Proposer to comply with the particular term and/or condition of the
RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the
RFP).
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K. FLORIDA PUBLIC RECORDS LAW
Proposers are hereby notified that all Proposals including, without limitation, any and all information and
documentation submitted therewith, are exempt from public records requirements under Section
119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City
provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever
is earlier.
L. NEGOTIATIONS
The City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding
the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the
event the parties are unable to negotiate a contract. It is also understood and acknowledged by
Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created
at any time until and unless a contract has been agreed to; approved by the City; and executed by the
parties.
M. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for selection of award in accordance
with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002-
3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant
to the requirements of Ordinance No. 2002-3344 shall be barred.
N. OBSERVANCE OF LAWS
Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws,
ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having
jurisdiction or authority which, in any manner, may affect the scope of services and/or project
contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of
the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance
of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance.
O. DEFAULT
Failure or refusal of the successful Proposer to execute a contract following approval of such contract 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 surety required as liquidated damages to the City. Where
surety is not required, such failure may result in a claim for damages by the City and may be grounds for
removing the Proposer from the City's vendor list.
P. CONFLICT OF INTEREST
All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate
family member (spouse, parent, sibling, and 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 entity or any of its affiliates.
Q. PROPOSER'S RESPONSIBILITY
Before submitting a Proposal, each Proposer shall be solely responsible for making any and all
investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and
requirements affecting the full performance of the contract. Ignorance of such conditions and
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requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve
the Proposer from any obligation to comply with every detail and with all provisions and requirements of
the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary
consideration on the part of the Proposer.
R. RELATIONSHIP TO THE CITY
It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is
considered to be an independent contractor, and that neither the Proposer, nor the Proposer's
employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
S. 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 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 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 of 36 months from the date of being placed on the
convicted vendor list.
T. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist
laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with,
and shall be subject to any and all sanctions, as prescribed therein, including, without limitation,
disqualification of their Proposals, in the event of such non-compliance.
U. CONE OF SILENCE
This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of
Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with,
and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal
voidable, in the event of such non-compliance.
V. DEBARMENT ORDINANCE
This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's
Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2-
397 through 2-406 of the City Code). -
W. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS
This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's
Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code.
Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign
Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed
therein, including disqualification of their Proposals, in the event of such non-compliance.
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X. CODE OF BUSINESS ETHICS
Pursuant to City 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 its bid/response or within five (5) days upon receipt of request.
The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules
and regulations including, among others, the conflict of interest, lobbying and.ethics provision of the City
of Miami Beach and Miami Dade County.
Y. AMERICAN WITH DISABILITIES ACT (ADA)
Call 305-673-7490NOICE to request material in accessible format; sign language interpreters (five days
in advance when possible), or information on access for persons with disabilities. For more information
on ADA compliance, please call the-Public Works Department, at 305-673-7631.
Z. ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee,
or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-
449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might
reasonably tend improperly to influence him in the discharge of his official duties.
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SECTION II—SCOPE OF SERVICES
There are ten (10) services which are required as part of this RFP. All services must be included in
Proposers' responses to the RFP in order for proposals/responses to be considered. The required
services are as follows:
1. CAFR—The auditor will prepare and issue an auditor's opinion and conduct an audit of the City's
CAFR in accordance with Generally Accepted Auditing Standards (GAAS) and the standards
applicable to financial audits contained in Government Auditing Standards, issued by the
Controller General of the United States.
The examination must be made in accordance with the guidelines prepared by the Governmental
Finance Officers Association (GFOA) in order for the City to apply for the Certificate of
Achievement for Excellence in Financial Reporting.
The examination will include the governmental activities, the business-type activities, the
aggregate discretely presented component units, each major fund, and the aggregate remaining
fund balances of the City, except for the City of Miami Beach Retirement Systems for Firefighters
and Police Officers, the City of Miami Beach.Retirement Systems for General Employees, the
City of Miami Beach Retirement System for Unclassified Employee and Elected officials, the
Firemen's Relief and Pension Fund, and the Policemen's Relief and Pension Fund, which are
audited by other auditors.
On an annual basis, the City will prepare the CAFR for auditing. The auditors will provide
guidance with the implementation of Governmental Accounting Standard Board (GASB)
statements as necessary.
The audit firm shall issue an audit opinion to the City no later than 180 days following the fiscal
year end.
2. OMB A-133 Single Audits - The auditor must perform an audit in accordance with auditing
standards generally accepted in the United States of America; the standards applicable to
financial audits contained in Government Auditing Standards, issued by the Comptroller General
of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non-
Profit Organizations.
The auditor must issue an Independent Auditors' Report on Internal Control over Financial
Reporting and on Compliance, Independent Auditors' Report on Compliance and Internal Control
over Compliance Applicable to Each Major Federal Program and State Project, and Schedule of
Findings and Questioned Costs.
The City will prepare -the Schedule of Expenditure of Federal Awards and State Financial
Assistance.
The audit firm shall issue the single audit report and data collections form to the City no later
than 180 days following the fiscal year end.
3. Management Letter in Accordance with the Rules of the Auditor General of the State of
Florida - The auditor shall issue a management letter to address the following:
• The City's compliance and internal controls or schedule of findings and questioned costs,
or not inaccuracies shortages, defalcations, fraud and/or violations of laws,
whether 9
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I
rules, regulations, and contractual provisions reported in the preceding annual financial
audit report have been corrected.
• The City's compliance and internal controls or schedule of findings and questioned costs,
whether or not recommendations made in the preceding annual financial audit report
have been followed.
• Provisions of Section 218.415, Florida Statutes, regarding the City's investment of public
funds.
• The City's compliance and internal controls or schedule of findings and questioned costs:
(1) violations of laws, rules, regulations, and contractual provisions that have occurred, or
are likely to have occurred; (2) improper or illegal expenditures; (3) improper or
inadequate accounting procedures (for example, the omission of required disclosures
from the financial statements); (4) failures to properly record financial transactions; and
(5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or
that come to the attention of, the auditor.
• Section 218.503(1), Florida Statutes, regarding financial emergencies.
• The annual financial report for the City filed with the Department of Financial Services
pursuant to Section 218.32, Florida Statutes.
• The name or official title and legal authority for the primary government and. each
component unit of the reporting entity be disclosed in the management letter, unless
disclosed in the notes to the financial statements.
The audit firm shall issue a management letter to the City no later than 180 days following the
fiscal year end.
4. RDA — The City issues stand-alone basic financial statements for the RDA, a blended
component unit of the City. The auditor will prepare and issue an auditor's opinion and conduct
an audit of the RDA basic financial statements in accordance with Generally Accepted Auditing
Standards (GARS) and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Controller General of the United States..
The financial statements, footnotes and schedules are to be prepared by the auditor. The audit
firm shall issue the RDA basic financial statements to the City no later than 180 days following
the fiscal year end.
one financial statements for the PSF, a major enterprise fund of
5. PSF- The City issues stand-alone J
the City. The auditor will prepare and issue an auditor's opinion and conduct an audit of the PSF
financial statements in accordance with Generally Accepted Auditing Standards (GARS) and the
standards applicable to financial audits contained in Government Auditing Standards, issued by
the Controller General of the United States.
The financial statements, footnotes and schedules are to be prepared by the auditor. The audit
firm shall issue the PSF basic financial statements to the City no later than 150 days following
the fiscal year end.
6. VCA- The City issues stand-alone basic financial statements for the VCA, a discretely presented
component unit of the City. The auditor will prepare and issue an auditor's opinion and conduct
an audit of the VCA financial statements in accordance with Generally Accepted Auditing
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Standards (GAAS) and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Controller General of the United States.
The financial statements, footnotes and schedules are to be prepared by the auditor. The audit
firm shall issue the VCA basic financial statements to the City no later than 90 days following the
fiscal year end.
7. Convention Center - The City issues special purpose financial statements for assets, liabilities,
revenues, and expenses of the Miami Beach Convention Center, as managed by Global
Spectrum. The auditor will prepare and issue an auditor's opinion and conduct an audit of the
assets, liabilities, revenues and expenses in accordance with Generally Accepted Auditing
Standards (GARS) and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Controller General of the United States.
The financial statements; footnotes and schedules-are to be prepared by the auditor. The audit
firm shall issue the SMG special purpose financial statements to the City no later than 90 days
following the fiscal year end.
8. SNP- The SNP governing Miami-Dade County ordinance No. 96-115 requires that an annual
independent audit of all bond funds be conducted. The auditor will conduct an audit to
incorporate the following:
• Tests for compliance with the grant agreement, SNP ordinance No. 96-115,
applicable resolution and the SNP Administrative Rules.
Tests for compliance with advance requirements.
• Tests for expenditures of required match dollars.
Verification of the Fund Summary Status Report.
The audit report, notes and schedules are to be prepared by the auditor. The audit firm shall
issue the SNB to the City no later than 90 days following the fiscal year end.
9. BBC- The BBC governing Miami-Dade County ordinance No. 05-47 requires that an annual
independent audit of all bond funds be conducted. The auditor will conduct an audit to
incorporate the following:
• Tests for compliance with the grant agreement, BBC ordinance No. 05-47, applicable
resolution and the BBC Administrative Rules.
• Tests for compliance with advance requirements.
• Tests for expenditures of required match dollars.
• Verification of the Fund Summary Status Report.
The audit report, notes and schedules are to be prepared by the auditor. The audit firm shall
issue the BBC to the City no later than 90 days following the fiscal year end.
10. The Children's Trust - 'The Children's Trust Fund (the "Trust") requires that an annual
independent audit of the Trust financial statement be performed as to the specific audit
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requirements imposed by the Trust's contractual agreement. The auditor will prepare and issue
an auditor's opinion and other reports in accordance with the Trust agreement and in accordance
with Generally Accepted Auditing Standards (GRAS) and the standards applicable to financial
audits contained in Government Auditing Standards, issued by the Controller General of the
United States.
The audit report, notes and schedules are to be prepared by the auditor. The audit firm shall
issue the Trust audit to the City no later than 90 days following the fiscal year end.
MINIMUM SUBMITTAL AND QUALIFICATIONS REQUIREMENTS
1 Prol2oser's Qualifications
a. Describe the proposer's professional development program, including the approximate
number of hours of continuing education attended by the proposer. Also indicate the
number of days of specialized training in governmental accounting and auditing received
during the last two (2) years for 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 proposer in national or state, governmental or
professional, accounting or auditing boards or committees during the last three (3)years.
C. Describe the proposer's quality control programs and procedures that ensure compliance
with the proposer's professional standards review and AICPA standards. Indicate
whether the proposer is in the SEC Practice Section and/or the Private Companies
Practice Section of the Quality Control Program. If the proposer answered positively to
the preceding, attach a copy of the last Peer Review received by the proposer.
d. Describe the proposer's (local office for national firms) experience in providing accounting
and auditing services to local governments.
e. Describe any litigation in excess of $100,000 filed against the proposer in the State of
Florida over the last three (3) years. Also describe any terminations, suspensions,
censures, reprimands, probations or similar actions against the proposer, or any member
of the proposer's firm by the Florida State Board of Accountancy in the last three (3)
years.
f. The proposer will make a statement as to their independence with regard to the City.
2. Qualifications of Project 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. Methodology and Approach:
Describe the proposer's approach to this audit engagement. This should include at least the
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following:
• Development of the audit program.
• Organization of the audit team and titles of team members and approximate amount of time
each such class of member will spend on the audit.
• 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.
• The proposed schedule for the audit.
• Any anticipated use of internal audit staff or other City staff.
• Provide at least five (5) client references within the South Florida area (Le within Miami-Dade,
Broward, or Palm Beach County).
4. Previous Similar Projects:
A list of a minimum of ten similar projects must be submitted. Information should include:
• Client Name, address, contact phone number, e-mail address, and fax number.
• Description of similar scope of services.
• Month and Year the project was started and completed.
5. Training
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 proposal should indicate if the firm
conducts any training for its employees and if City personnel could attend such training.
i
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SECTION III —PROPOSAL FORMAT
Each Proposal shall include, at a minimum, the following documents, each fully completed and signed,
as required. If any items are omitted, Proposers must submit the omitted documentation within five (5)
calendar days upon request from the City, or the Proposal may be deemed non-responsive.
1. 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. Proposal Points to Address:
a). Introduction letter outlining the Proposer's professional specialization, and providing past
experience to support the qualifications of the Proposer.
b) Proposer's must provide documentation sufficient to satisfy the Minimum Submittal and
Qualifications Requirements as specified in the RFP.
C) Qualifications of Proposer/Associated Proposal Team Members/ Management Team and
Key Personnel: Proposer must outline in detail the experience and qualifications as
specified in the RFP, as well as provide experience and qualifications on (and as to)
similar projects as the one contemplated in this RFP.
d) Fee Information: Cost information must be submitted. Notwithstanding any fee submitted,
the City reserves the right to further negotiate same with the successful Proposer.
e) Evidence of Financial Stability: All Proposers must attach a financial statement, balance
sheet or other assurance that indicates the financial capability and viability of the
Proposer. The submitted information must either be certified by an independent CPA, or
In the case of a banking reference) by an appropriate banking official.
f) Past Performance Client Survey Information: Past performance information will be
collected on all Proposers. Proposers are required to identify and submit their best
projects. Proposers will be required to send out Performance Evaluation Surveys to each
of their clients.
Please provide your client with the Performance Evaluation Letter and Survey attached
herein, and request that your client submit the completed survey to to Pamela Leja-
Katsaris at Fax: 786-394-4006 or E-mail: PamelaLeja @miamibeachfl.gov. Proposers
are responsible for making sure their clients return the Performance Evaluation Surveys
to the City.
Proposers are solely responsible for making sure their clients return the Performance
Evaluation Surveys to the City. The City reserves the right to verify any
informations u bmitted throughout this process. Such verification may include, but is not
limited to, speaking with current and former clients, review of relevant client
documentation, site-visitation, and other independent confirmation of data.
THE CITY WILL NOT ACCEPT CLIENT SURVEYS SENT TO THE PROCUREMENT
DIVISION FROM THE OFFICE OF THE PROPOSER. IN ORDER TO BE
CONSIDERED, SURVEYS MUST BE SENT TO THE PROCUREMENT DIVISION
DIRECTLY FROM YOUR CLIENT'S OFFICE(S).
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g) Methodology and Approach. The Proposer must specifically describe its proposed
methodology and approach for completing the services required in the scope of work.
This is to include, but not be limited to, a proposed operational plan.
h) Acknowledgment. of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer
Information forms.
i) Acknowledgment Letter and Disclosure and Disclaimer
j) Any other documents required by this RFP.
The City reserves the right, in its sole discretion, to request additional information from
Proposers following review of the initial Proposal submissions.
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SECTION IV—EVALUATION/SELECTION PROCESS
The procedure for response, evaluation and selection will be as follows:
1. The RFP will be issued
2. A Pre-Proposal Submission Meeting with potential Proposers will be conducted.
3. All timely received Proposals will be opened and listed.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal
in accordance with the requirements set forth in the 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 will recommend to the City Manager the Proposer or Proposers that it
deems to be the best candidate(s) by using the following evaluation criteria:
- .: i ,,. :,, t = k c` .la s', >✓ C `�i t4�i rj^c,i
.5, ation _ro r a .�,.,....�r'
20 Firm's Experience in Auditing Services
20 Qualifications of Project Team
10 Methodology and Approach
15 Previous Similar Projects
15 References Provided by Prior Clients
20 Fees
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to
Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as
defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points
to Proposers, which are, or include as part of their proposal team, a small business concern
owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as
defined in the City's Veterans Preference Ordinance.
6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he
deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation and, if appropriate,
approve such recommendation. The City Commission may also, at its option, reject the City
Manager's recommendation and select another Proposal or Proposals which it deems to be in
the best interest of the City, or it may also reject all Proposals.
8. Negotiations between the City and the selected Proposer(s)will take place to arrive at a mutually
s so directed the City may proceed to
acceptable Agreement. If the City Commission has ty y p
negotiate an Agreement with a proposer other than the top-ranked proposer.
9. The final proposed agreement(s)will be presented to the City Commission for approval.
10. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall
execute the contract(s), after the Proposer(or Proposers) has (or have) done so.
BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND 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.
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SECTION V—SPECIAL TERMS AND CONDITIONS: INSURANCE
The successful Proposer(s) shall obtain, provide and maintain, during the term of the contract,
the following types and amounts of insurance, which shall be maintained with insurers licensed
to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of
AM Best's Insurance Guide:
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 certificate holder and
additional insured on policy.
1. Workers' Compensation and Employer's Liability per the statutory limits of
the state of Florida.
2. Comprehensive General Liability (occurrence form), limits of liability
$1,000,000.00 per occurrence for bodily injury property damage to include
Premises/Operations; Products, Completed Operations and Contractual Liability.
3. Automobile Liability - $1,000,000 each occurrence - owned/non-
owned/hired automobiles included.
Worker's Compensation. A policy of Worker's Compensation and Employers Liability
Insurance, in accordance with worker's compensation, laws as required per Florida Statutes.
Said policies of insurance shall be primary to and contributing with any other insurance .
maintained by Proposer or City, and shall name the City of Miami Beach, as an additional
insured. No policy can be canceled without thirty (30) days prior written notice to the City.
The successful Proposer(s) shall file and maintain certificates of all insurance policies with the
City's Risk Management Department showing said policies to be in.full force and effect at all
times during the course of the contract. Such insurance shall be obtained from brokers of
carriers authorized to transact insurance business in Florida and satisfactory to City.
Evidence of such insurance shall be submitted to and approved by City prior to commencement
of any work or tenancy under the proposed contract.
If any of the required insurance coverages contain aggregate limits, or apply to other operations
or tenancies of Proposer(s) outside the proposed contract, Proposer(s) shall give City prompt
written notice of any incident, occurrence, claim settlement or judgment against such insurance
which may diminish the protection such insurance affords the City. Proposer(s) shall further take
immediate steps to restore such aggregate limits or shall provide other insurance protection for
such aggregate limits.
FAILURE TO PROCURE INSURANCE: The successful Proposers' failure to procure or
maintain required the insurance program shall constitute a material breach of the contract.
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INSURANCE CHECKLIST
XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the
state of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability
1,000,000.00 peroccurrence for bodily injury property damage to. include
Premises/ Operations; Products, Completed Operations and Contractual
Liability, and Contractual Indemnity (Hold harmless endorsement).
3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired
automobiles included.
4. Excess Liability - $ 00 per occurrence to follow the primary
coverages.
5. The City must be named as and additional insured on the liability policies; and
it must be stated on the certificate.
XXX 6. Other Insurance as indicated:
Builders Risk completed value $ . 00
Liquor Liability $ . 00
Fire Legal Liability $ . 00
Protection and Indemnity $ . 00
Professional Liability/Medical
Malpractice $ .00
Employee Dishonesty Bond $ .00
Theft Covering Money and/or Property
Of Others $ .00
XXX Professional Liability $500,00.00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:VI or better, latest edition.
XXX 9. The certificate must state the RFP number and title
PROPOSER AND INSURANCE AGENT STATEMENT:
I understand the Insurance Requirements of these specifications and that
evidence of this insurance may be required within five (5) days after Proposal
opening. If I am selected as the successful Proposer, I further understand
and agree and acknowledge that failure to procure or maintain the
required insurance policy shall constitute a material breach of the
contract by which the City may immediately terminate same.
For Proposer/Print Name/Title Signature of Proposer
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I
PROPOSER INFORMATION
Submitted by:
Proposer(Entity):
Signature:
Name (Printed):
Address:
City/State:
Telephone:
Fax:
E-mail:
Federal ID#
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 time until and unless a contract has been
agreed to and signed by both parties.
For Proposer: (Authorized Signature) (Date)
(Printed Name)
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REQUEST FOR PROPOSALS NO. 34-11/12
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection with this
RFP.
Addendum No. 1, 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 Date
Proposer-Name
Date
Signature
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DECLARATION
TO: City of Miami Beach
City Hall
1700 Convention Center Drive
Procurement Division
Miami Beach, Florida 33139
Submitted this day of , 2012.
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 responses or in the contract to which
this response pertains; that this response is made without connection or arrangement with any
other person; and that this response is in every respect fair and made in good faith, without
collusion or fraud.
The Proposer agrees if this response is accepted, to execute an appropriate City of Miami
Beach document(s)for the purpose of establishing a formal contractual relationship between the
Proposer and the City, for the performance of all requirements to which the response pertains.
The Proposer states that the response is based upon the documents identified by the following
number: RFP No. 34-11/12.
WITNESS PROPOSER SIGNATURE
PRINTED NAME PRINTED NAME
WITNESS TITLE
PRINTED NAME
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SWORN STATEMENT UNDER SECTION
287.133(3)(x), FLORIDA STATUTES, ON
PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
[print name of public entity]
by
[print individual's name and title]
for
[print name of entity submitting sworn statement]
Whose business address is
And (if applicable) its Federal Employer Identification Number(FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement)
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any business with any public entity or with
an agency or political subdivision of any other state or of the United States, including, but not
limited to, any bid or contract for goods or services to be provided to any public entity or an
agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
I'understand that "convicted" or "conviction" as defined in Paragraph 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, nonjury trial, or entry
of a plea of guilty or polo contendere.
I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes,
means:
1) A predecessor or successor of a person convicted of a public entity crime;or
2) 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
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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 Paragraph 287.133(1)(e), Florida Statutes means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services 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.
Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. [indicate which statement applies.]
Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of
the entity, nor any affiliate of the entity has been charged with and convicted of a public entity
crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
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 the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR
THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31
OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE.PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN
EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED
IN THIS FORM.
[signature]
Sworn to and subscribed before me this day of ,2012
Personally known
OR Produced identification Notary Public-State of
My commission expires
(Type of Identification)
(Printed typed or stamped Commissioned name of Notary Public)
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QUESTIONNAIRE
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
Joint Venture
If a Corporation, answer this:
When Incorporated:
In what State:
If a Foreign Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
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Questionnaire(continued)
,�.
Members of Board of Director:
.
If a Partnership:
Date of organization:
General or Limited Partnership*:
Name and Address of Each Partner:
NAME ADDRESS
* Designate general partners in a Limited Partnership
1. Number of years of relevant experience in operating same or similar
business:
2. Have an y agreements held by Proposer for a project ever been canceled?
Yes O 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/Proposer; or refused to enter into a contract after an
award has been made; or failed to complete a contract during the past five (5)
years; or been declared to be in default in any contract in the past 5 years?
If yes, please explain:
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Questionnaire (continued)
4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized
under Chapter 11 or put into receivership? Yes ( ) No ( )
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary on a separate sheet.
5. Person or persons interested in this RFP 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 (5)years:
C. List any criminal violations and/or convictions of the Proposer and/or any of
its principals:
7. Conflicts of Interest. The following relationships are the only potential, actual, or
perceived conflicts of interest in connection with this Proposal: (If none, state
same.)
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Questionnaire(continued)
8. Public Disclosure. In order to determine whether the members of the Evaluation
Committee for this Request for Proposals have any association or relationships
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 RFP, all
Proposers are required to disclose all persons and entities who may be involved with
this Proposal. This list shall include, without limitation, public relation firms, lawyers,
and lobbyists. The Procurement Director shall be notified, in writing, if any person or
entity is added to this list after receipt of Proposals.
9. Are there any pending discussions relative to mergers, acquisitions, partnerships, or
assignment of contract?
10. Is the business entity a Miami Beach based Vendor?
Yes ( ) No
If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami
Beach, or documentation to demonstrate that the headquarters is in the City of Miami
Beach, or documentation which proves that goods and/or contractual services are
being produced or performed, as appropriate, in the City of Miami Beach.
11. Is the business entity owned by a certified service-disabled veteran, and or a small
business owned and controlled by veterans, as defined on Section 502 of the Veteran
Benefit Health, and Information Technology Act of 2006, and cited in the Database of
Veteran-owned Business?
Yes ( ) No
4/20/12 RFP No:34-11112
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Questionnaire (continued)
The Proposer understands that information contained in this Questionnaire will be relied
upon by the City in evaluating and making an award pursuant to the RFP, and such
information is warranted by the Proposer to be true and accurate. In the event that the City,
in its sole discretion, deems necessary, the Proposer agrees to furnish such additional
information, relating to the qualifications of the Proposer, as may be required by the City.
The Proposer further understands that the information contained in this Questionnaire may
be confirmed through a background investigation conducted by the City, conducted either
through the Miami Beach Police Department or by a third party retained by the City for such
purposes. By submitting this Questionnaire the Proposer hereby agrees to cooperate with
this investigation including, but not limited to, fingerprinting and providing information for a
credit check.
PROPOSER
WITNESS: IF INDIVIDUAL:
Signature Signature
Print Name Print Name
WITNESS: IF PARTNERSHIP:
Signature Print Name of Successful Proposer
Print Name Address
By:
General Partner
Print Name
ATTEST: IF CORPORATION:
Secretary Print Name of Corporation
Print Name Address
By:
President
(CORPORATE SEAL)
Print Name
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ACKNOWLEDGMENT LETTER
Proposers shall incorporate in their Proposal the following letter and Disclosure and Disclaimer
attachment on the Proposer's letterhead stationary:
RE: RFP NO. 34-11/12 FOR AUDITING SERVICES
Dear Sir or Madame:
I have read the City of Miami Beach's RFP NO. 34-11/12 For Auditing Services. On behalf of our
Proposal team, we agree to and accept the terms, specific limitations, and conditions expressed
therein. In addition, we have read, rely upon, acknowledge, and accept the City's Disclosure and
Disclaimer which is attached hereto and is fully incorporated into this letter.
Sincerely,
[NAME AND TITLE]
[ORGANIZATION]
[PROPOSER'S NAME]
4/20/12 RFP No:34-11/12
City of Miami Beach Auditing Services
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DISCLOSURE AND DISCLAIMER
This Request for Proposals ("RFP") is being furnished to the recipient by the City of Miami Beach
(the "City") for the recipient's convenience. Any action taken by the City in response to Proposals
made pursuant to this RFP, or in making any award, or in failing or refusing to make any award
pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP,
either before or after issuance of an award, shall be without any liability or obligation on the part of
the City.
In its sole discretion,the City may withdraw the RFP either before or after receiving proposals, may
accept or reject proposals, and may accept proposals which deviate from the RFP, as it deems
appropriate and in its best interest. In its sole discretion, the City may determine the qualifications
and acceptability of any party or parties submitting Proposals in response to this RFP.
Following submission of a Proposal, the applicant agrees to deliver such further details, information
and assurances, including financial and disclosure data, relating to the Proposal and the applicant
including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and
employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers.
It is the responsibility of the recipient to assure itself that information contained herein is accurate
and complete. The City does not provide any assurances as to the accuracy of any information in
this RFP.
Any reliance on these contents, or on any permitted communications with City officials, shall be at
the recipient's own risk. Proposers should rely exclusively on their own investigations,
interpretations, and analyses. The RFP is being provided by the City without any warranty or
representation, express or implied, as to its content, its accuracy, or its completeness. No warranty
or representation is made by the City or its agents that any Proposal conforming to these
requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this RFP, the selection and the award
process, or whether any award will be made. Any recipient of this RFP who responds hereto fully
acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this
Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted
to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party.
submitting such Proposal.
This RFP is made subject to correction of errors, omissions, or withdrawal from the market without
notice. Information is for guidance only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same
may be modified, and the applicable definitive agreements pertaining thereto, are approved and
executed by the parties, and then only pursuant to the terms of the definitive agreements executed
among the parties. Any response to this RFP may be accepted or rejected by the City for any
reason, or for no reason,without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting
documents shall be subject to disclosure as required by such law. All Proposals shall be submitted
in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes, until the
4120112 RFP No:34-11112
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date and time selected for opening the responses. At that time, all documents received by the City
shall become public records.
Proposers are expected to make all disclosures and declarations as requested in this RFP. By
submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to
make any inquiry or investigation it deems appropriate to substantiate or supplement information
contained in the Proposal, and authorizes the release to the City of any and all information sought
in such inquiry or investigation. Each Proposer certifies that the information contained in the
Proposal is true, accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the
event of a final unappealable judgment by a court of competent jurisdiction which imposes on the
City any liability arising out of this RFP, or any response thereto, or any action or inaction by the
City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated
damages. The previous sentence, however, shall not be construed to circumvent any of the other
provisions of this Disclosure and Disclaimer which imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the
balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall
always govern. The RFP and any disputes arising from the RFP shall be governed by and
construed in accordance with the laws of the State of Florida.
ACCEPTED:
[NAME AND TITLE]
[ORGANIZATION]
[PROPOSER'S NAME]
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MIAMIBEACH
CITY OF MIAMI BEACH
DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS
Section 1.Vendor Information
Name of Company:
Name of Company Contact Person:
Phone Number: Fax Number: E-mail:
Vendor Number(if known):
Federal ID or Social Security Number:
Approximate Number of Employees in the U.S.: (If 50 or less,skip to Section 4,date and sign)
Are any of your employees covered by a collective bargaining agreement or union trust fund? Yes No
Union name(s):
Section 2. Compliance Questions
Question 1. Nondiscrimination-Protected Classes
A. Does your company agree to not discriminate against your
employees, applicants for employment,employees of the City,
or members of the public on the basis of the fact or perception of
a person's membership in the categories listed below?Please
note: a"YES"answer means your company agrees it will not
discriminate;a"NO"answer means your company refuses to
agree that it will not discriminate. Please answer yes or no to
each category.
❑ Race _Yes_No ❑Sex Yes_No
❑ Color _Yes_No ❑ Sexual orientation _Yes_No
❑ Creed —Yes_No ❑ Gender-transgender status —Yes—No
❑ Religion _Yes_No ❑ Domestic partner status _Yes_No
❑ National origin _Yes_No ❑ Marital status —Yes—No
❑Ancestry _Yes—No ❑ Disability _Yes_No
11 Age _Yes—No El AIDS/HIV status _Yes_No
El Height —Yes_No ❑Weight _Yes_No
B. Does your company agree to insert a similar nondiscrimination provision
in any subcontract you enter into for the performance of a substantial
portion of the contract youhave with the City?Please note: you must
answer this question,even if you do not intend to enter into any
subcontracts.
Yes No
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Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic
Partners
Questions 2A and 2B should be answered YES even if your employees must
pay some or all of the cost of spousal or domestic partner benefits.
A. Will your company provide or offer access to any benefits to employees with
spouses and/or to spouses of employees that may be assigned to work on the City
of Miami Beach contract?
Yes No
B. Will your company provide or offer access to any benefits to employees with
(same or opposite sex) domestic partners* or to domestic partners of employees
that may be assigned to work on the City of Miami Beach contract?
Yes No
*The term Domestic Partner shall mean any two (2) adults of the same or different
sex, who have registered as domestic partners with a government body pursuant to
state or local law authorizing such registration, or with an internal registry.
maintained by the employer of at least one of the domestic partners. A Contractor
may institute an internal registry to allow for the provision of equal benefits to
employees with domestic partner who do not register their partnerships pursuant to
a governmental body authorizing such registration, or who are located in a
jurisdiction where no such governmental domestic partnership exists. A Contractor
that institutes such registry shall not impose criteria for registration that are more
stringent than those required for domestic partnership registration by the City of
Miami Beach
If you answered"NO"to both Questions 2A and 2B,go to Section 4(at the bottom of this
page),complete and sign the form, filling in all items requested.
i
If you answered"YES"to either or both Questions 2A and 2B, please continue to
Question 2C below.
C. Please check all benefits that apply to your answers above and list in the "other" section
any additional benefits not already specified. Note: some benefits are provided to employees
because they have a spouse or domestic partner, such as bereavement leave; other benefits
are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT . Yes for Yes for Employees No,this Benefit Documentation of this
Employees with with Domestic is Not Offered Benefit is Submitted
Spouses Partners with this Form
Health ❑ ° ° °
DentaL ❑ ° ° °
Vision ❑ °
Retirement(Pension, ❑ ❑ ° °
401(k),etc.
Bereavement ❑ ° ° °
Family Leave ❑ ° ° °
Parental Leave ❑ ° ° °
Employee Assistance ❑ ❑ ° °
Pro ram
Relocation&Travel ❑ ° ° °
Company Discount, ❑ ° ° °
Facilities&Events
Credit Union ❑ ° ° °
Child Care ❑ ° ° °
Other ❑ ° ° °
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Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons
outside your control, (e.g., there are no insurance providers in your area willing to offer
domestic partner coverage) you may be eligible for Reasonable Measures compliance.
To comply on this basis, you must agree to pay a cash equivalent, submit a completed
Reasonable Measures Application with all necessary attachments, and have your
application approved by the City Manager,or his designee.
Section 3. Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C.Without.
proper documentation, your company cannot be certified as complying with the City's Equal Benefits
Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement
from your insurance provider or a copy of the eligibility section of your plan document; to document leave
programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does
not exist,attach an explanation.
Have you submitted supporting documentation for each benefit offered? _Yes_No
Section 4. Executing the Document
I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and
correct,and that I am authorized to bind this entity contractually.
Executed this day of , in the year ,at
Signature Mailing Address
Name of Signatory(please print) City,State,Zip
Title
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RFP No:3411/12
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MIAMIBEACH
CITY OF MIAMI BEACH
REASONABLE MEASURES APPLICATION
Declaration: Nondiscrimination in Contracts and Benefits
Submit this form and supporting documentation to the City's Procurement Division ONLY IF
you:
a. Have taken all reasonable measures to end discrimination in benefits; and
b. Are unable to do so.; and
c. Intend to offer a cash equivalent to employees for whom equal benefits are not available.
You must submit the following information with this form:
1. The names, contact persons and telephone numbers of benefits providers contacted for the
purpose of acquiring nondiscriminatory benefits;
2. The dates on which such benefits providers were contacted;
3. Copies of any written response(s) you received from such benefits providers, and if
written responses are unavailable, summaries of oral responses; and
4. Any other information you feel is relevant to documenting your inability to end discrimination
in benefits, including, but not limited to, reference to federal or state laws which preclude the
ending of discrimination in benefits.
I declare (or certify) under penalty of perjury under the laws of the State of Florida that the
foregoing is true and correct, and that I am authorized to bind this entity
contractually.
Name of Company (please print) Mailing Address of Company
Signature City, State, Zip
Name of Signatory (please print) Telephone Number
Title Date
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Definition of Terms
A. REASONABLE MEASURES
The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures
provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end
discrimination in benefits. A determination that it is not possible for the City Contractor to end
discrimination in benefits shall be based upon a consideration of such factors as:
(1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and
written documentation from these providers that they will not provide equal benefits;
(2)The existence of benefits providers willing to offer equal benefits to the City Contractor; and
(3) The existence of federal or state laws which preclude the City Contractor from ending discrimination
in benefits.
B. CASH EQUIVALENT
"Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner(or spouse,
if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable).
The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for
his or her spouse.
Cash Equivalent. The cash equivalent of the following benefits apply:
a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for
death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the
number of days allowed.
b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums
that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic
partner employee maintains the such insurance in force for himself or herself.
c. For family medical leave, cash payments for the number of days that would be allowed as time off for
an employee to care for a spouse that has a serious health condition. Cash payment would be in the
form of wages of the domestic partner employee for the number of days allowed.
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MIAMIBEACH
CITY OF MIAMI BEACH
SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM
Declaration: Nondiscrimination in Contracts and Benefits
This form, and supporting documentation, must be submitted to the Procurement
Division by entities seeking to contract with the City of Miami Beach that wish to delay
ending their discrimination in benefits pursuant to the Rules of Procedure, as set out
below.
Fill out all sections that apply. Attach additional sheets as necessary.
A. Open Enrollment
Ending discrimination in benefits may-be delayed until the first effective date after the first open
enrollment process following the date the contract with the City begins, provided that the City
Contractor submits to the Procurement Division evidence that reasonable efforts are being
undertaken to end discrimination in benefits. This delay may not exceed two years from the date
the contract with the City is entered into, and only applies to benefits for which an open enrollment
process is applicable.
Date next benefits plan year begins:
Date nondiscriminatory benefits will be available:
Reason for Delay:
Description of efforts being undertaken to end discrimination in benefits:
I
B. Administrative Actions and Request for Extension
Ending discrimination in benefits may be delayed to allow administrative steps to be taken to
incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for
these administrative steps shall apply only to those benefits for which administrative steps are
necessary and may not exceed
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three months. An extension of this time may be granted at the discretion of the Procurement Director,
upon the written request of the City Contractor. Administrative steps may include, but are not limited to,
such actions as computer systems modifications, personnel policy revisions, and the development and
distribution of employee communications.
Description of administrative steps and dates to be achieved
If requesting extension beyond three months, please explain basis:
C. Collective Bargaining Agreements(CBA)
Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current
collective bargaining agreement(s)where all of the following conditions have been met:
1. The provision of benefits is governed by one or more collective bargaining agreement(s);
2. The City Contractor takes all reasonable measures to end discrimination in benefits either by
requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to
take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits
without reopening the collective bargaining agreements; and
3. In the event that the City Contractor cannot end discrimination in benefits despite taking all
reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees
for whom benefits are not available. Unless otherwise authorized in writing by the Procurement
Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective
bargaining agreements to be reopened, or in any case no longer than three (3) months from the date
the contract with the City is entered into.
For a delay to be granted under this provision, written proof must be submitted with this form that:
❑The benefits for which the delay is requested are governed by a-collective bargaining agreement;
❑All reasonable measures have been taken to end discrimination in benefits(see Section C.2,
above); and
❑A cash equivalent payment will be provided to eligible employees for whom benefits are not
available.
I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing
is true and correct, and that I am authorized to bind this entity contractually.
Name of Company (please print) Mailing Address of Company
Signature City, State, Zip
Name of Signatory (please print) Telephone Number
Title Date
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MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel:305.673.7490 ,Fax:786.394.4006
To:
Phone:
Fax:
E-mail:
Subject: Performance Evaluation of
Number of pages including cover: 2
To Whom It May Concern:
The City of Miami Beach (City) has implemented a process that collects past performance
information pursuant to the submittal of responses to Request for Proposals (RFP). The information
you provide will be used to assist the City in the evaluation of Proposals received in response to RFP
No. 34-11/12 for Auditing Services.
The company listed in the subject line has chosen to submit a Proposal in response to this RFP. It
has listed you as a past client for which it has provided services. Both the company and City would
greatly appreciate you taking a few minutes of your time to complete the accompanying Performance
Evaluation Survey.
Please review all items in the following Survey, and answer the questions to the best of your
knowledge. If you cannot answer a particular question, please leave it blank. Please return the
completed Survey to Pamela Leda Katsarls, Sr. Procurement Specialist, on or befo re May 18 2012y
via fax: 786.394.4006, or e-mail PamelaLela(d_)miamibeachfl.gov.
Thank you for your time and effort.
Raul J. Aguila
Chief Deputy City Attorney
(for Procurement Division)
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MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel:305.673.7490 ,Fax:786.394.4006
PERFORMANCE EVALUATION SURVEY
Company Name:
Point of Contact:
Phone and e-mail:
Please evaluate the performance of the company (10 means you are very satisfied and have no questions
about hiring them again, and 1 is if you would never hire them again because of very poor performance). If
you don't know, please leave blank.
poor performance). Please leave blank if you don't know.
NO. CRITERIA UNIT
1 Ability to maintain courteous and professional service 1-10
Communication, resolution of discrepancies, responsiveness
2 of personnel servicing the account [to include availability of (1-10)
designated contact person(s)
3 Responsiveness to priorities for service 1-10
4 Ability to provide requested services within the designated (1-10)
timeframe
5 Cost of services provided (1-10)
g Experience level and credentials of assigned staff (1-10)
7 Overall customer satisfaction and hiring again based on
performance comfort level in hiring this firmagain) 1-10
OVERALL COMMENTS
Agency Providing Referral:
Contact Name:
Contact Phone and e-mail:
Date of Services:
Dollar Amount for Services:
Thank you for your time and effort. Please return this form to Pamela Leja-Katsaris by May
18, 2012, via fax at 786.394.4006 or via e-mail at Pamela Leia(c�miamibeachfl.gov.
4/20/12 RFP No:34-11/12
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I
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachN.gov
PROCUREMENT DIVISION
Tel: 305-673-7490 Fax: 766.394.4006
May 9, 2012
ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) NO. 34-11/12 FOR
AUDITING SERVICES
In response to questions and requests for additional information received by prospective
Proposers by the Administration, the subject RFP is hereby amended as follows:
Questions and Answers
Q1) Where can we get a copy of last year's financial statements for the following entities:
PSF,VCA, Convention Center, SNP, BBC and the Children's Trust?
Al) The link to access this information is:
http://www.miamibeachfl.gov/procurement/scroll.aspx?id=70123
Q2) Does the City want fee information broken down by service or one fee quote for all
services?
A2) Broken down by service.
Q3) What were the audit fees last year(for each service)?
A3) The link to access this information is:
http://www.miamibeachfi.gov/procuremenVscroll.aspx?id 70123
Q4) Do you-expect that the level of activity for the Single Audit and the other entities to be
consistent for 2012 as compared to 2011? How about In future years?
A4) Yes,we expect it to be more or less the same. The bigger entitlement grants should be
the same, while the smaller grants come and go, net difference is not material.
Q5) Page 29 of 43, question 6(A) and (B), requires a-listing of all litigation. However, on
Page 15 of 43, 1(e), you request information on litigation in excess of $100,000. Please
clarify.
A5) List all litigation.
Q6) Was Small Business Enterprise or Minority Business Enterprise participation included
in the prior contract?
A6) Sharpton, Brunson Company, P.A. participated in the audit, however, their contractual
agreement was not with the City, but with McGladrey & Pullen. The City does not require
small business enterprise or minority business enterprise participation.
RFP No.34-11/12
Addendum#1
May 9,2012 Page 1 of 4
Q7) Other than the City, which of the other entities are accounted for by the City's finance
department and which entities have their own accounting/finance department?
A7) Below are the audit and who performs the accounting functions for them.
• City's Comprehensive Annual Financial Report(CAFR)—CMB Finance Dept.
Single Audit—CMB Finance Dept.
Parking Systems Fund (PSF)—CMB Finance Dept.
• Visitors and Conventions Authority—Miami Beach Visitors and Convention Authority
• Convention Center — Global Spectrum, the management company at the Miami
Beach Convention Center
• Building Better Communities—CMB Finance Dept.
• Children Trust—CMB Finance Dept.
• Safe Neighborhood Parks—CMB Finance Dept.
Q8) Are there reasons other than competitive solicitation requirements for the City's
issuance of this RFP?
A8) Not that we are aware of.
Q9) What was the fee for each of the following components, and in total, for the three most
recent fiscal years?
• CAFR audit
• Federal and State Single Audits
• Redevelopment Agency audit
• Parking System.audit
• Visitor and Convention Authority audit
• Convention Center audit
• SNP report
• BBC report
• Children's Trust report
A9) The link to access this information is:
hftp://www.miamibeachfi.gov/procurement/scroll.aspx?id=70123
Q10) Could you please provide a copy of your contract with the previous firm?
A10) The link to access this information is:
hftp://www.miamibeachfl.qov/procurement/scroll.aspx?id=70123
is it reported in the City's
Q11 What is the City's relationship to the Children's Trust and how i p tY
CAFR?
A11) The City receives grant funding from the Miami-Dade County Children's Trust. Please
see the audit report for details. The Children's trust is accounted for in the general funds
QI'IU III ll•11G�Jl'I'ICI-.7�JCliIQI ICVCI"IUe-IUIIU.7.
Q12) Could you please provide electronic copies of the most recent audited stand-alone
financial statements of RDA, PSF and VSA?
RFP No.34-11/12
Addendum#1
May 9,2012 Page 2 of 4
Al2) The link to access this information is:
http://www.miamibeachfl.gov/procurement/scroll.aspx?id=70123
Q13) Could you please provide an electronic copy of the most recent audited special-
purpose financial statements of the Convention Center?
A13) The link to access this information is:
http•//www.miamibeachfl.gov/procurement/scroll.aspx?id=70123
Q14) Could you please provide an electronic copy of the most recent audited financial
statement of the Children's Trust?
A14) The link to access this information is:
http•//www.miamibeachfl.Qov/procurement/scroll.aspx?id=70123
Q15) What percentage of the audit was performed by the minority subcontractor under the
previous contract?
A15) The City did not have a contract with the minority firm and does not require minority
participation. The contract was between McGladrey and Sharpton, Brunson Company, P.A.
The City has no knowledge of the percentage.
Q16) Have there been any delays in any of the last three fiscal years in receiving the final
reports of the City's retirement systems that are audited by other auditors?
'A16) No,there were no delays in receiving these reports.
Q17) Have Single Audit reports historically been issued concurrently with the CAFR or
afterwards? If issued after the CAFR, approximately how long after are they typically
issued?
A17) The Single Audit is issued after the CAFR. The Single Audit Report is issued before
June 3e.
Q18) How many programs were audited as major federal programs in fiscal year 2011?
Major state programs?
A18) The report for 2011 have not been issued at this time. The 2010 report, which
include the programs audited is attached hereto.
Q19) How many journal entries were proposed by the auditors and recorded in fiscal year
2011?
A19) No entries were proposed.
Q20) Does the City have an internal audit department? If yes,what is the extent of the
internal audit department's involvement in the audit(s)?
A?nl.,__YPS' thP_ tv ha3..an_inte real_audit.degartment...The..internal._ . ...____ , __.____...__.._._..__............ . ... _.. ._
audit department is no
involved with the external audit.
Q21) What are the key IT systems utilized by the City, including but not limited to:
RFP No.34-11/12
Addendum#1
May 9,2012 Page 3 of 4
• General ledger package?
® Financial statement preparation package?
• Payroll application?
A21) The City has an Enterprise Systems (Eden), that includes all the items listed above,
and AP, AR, fixed assets, budgeting, and UTB
Q22) Are there any software conversions planned for fiscal year 2012 or during the
proposed contract period?
A22) No.
Q23) Is there an internal deadline for issuing the final CAFR other than the March 31 GFOA
deadline?
A23) No.
Q24) We noted that per McGladrey's auditors' report, the financial statements of the VCA
and the Miami Beach Convention Center were audited by other auditors. Under the contract
with McGladrey, was the VCA and the Miami Beach Convention Center included and
McGladrey then decided to use another firm to audit these entities? Or was there a
separate contract for the VCA and the Miami Beach Convention Center?
A24) The City did not have a contract with the minority firm and does not require minority
participation. The contract for VCA and MBCC was between McGladrey and Sharpton,
Brunson Company, P.A.
Q25) Page 17 of 43 — Section III 2(e) Evidence of Financial Stability This question is
highly unusual as we do not see this in other proposals. We are a National private
partnership and do not release or financial results to the public. Please clarify if such a
statement by us would be sufficient or what, if any, statement by us would satisfy this
requirement.
A25) The information has to be provided by either CPA or bank, and cannot come from the
proposer or proposer's firm
Proposers are reminded to please acknowledge receipt of this addendum as part of your bid
submission. Potential bidders that have elected not to submit a response to the RFP are
requested to complete and return the "Notice to Prospective Proposers" questionnaire with
the reason(s)for not submitting a proposal.
CITY OF MIAMI BEACH
"-94- r t. f IN-
Raul J. Aguila, C ief Deputy City Attorney
For the Procurement Division
RFP No.34-11/12
Addendum#1
May 9,2012 Page 4 of 4
EXHIBIT "By'
FEE COMPENSATION
Services per the RFP:
SERVICE FEES
2012 2013
1) Audit of City's Basic Financial $ 113,700 $115,260
Statement(CAFR)
2) OMB A-133 Single Audits 22,735 23,000
3) Management Letter in 2,275 2,300
Accordance with-the Rules of the
Auditor General of the State of
Florida
4) Miami Beach Redevelopment 20,500 21,000
Agency(RDA)
5) Miami Beach Parking Systems 20,500 21,000
Funds PSF
6) Miami Beach Visitor and 18,200 19,000
Convention Authority VCA
7) Miami Beach Convention 18,200 19,000
Center, as Managed by Global
Spectrum GS
8) Safe Neighborhood Parks 9,500 9,500
SNP
9) Building Better Communities 8,500 8,500
BBC
10) Children's Trust Program (CT) 9,500 9,500
Total $243,610 $248,060
ORDINANCE NO. 2005-3494 - -- --- -
:AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VI, DIVISION 3, BY CREATING SECTION 2-373
THEREOF, ENTITLED 66REQUIREMENT FOR CITY CONTRACTORS TO
PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS,to BY
MANDATING THAT CITY CONTRACTORS PROVIDE EQUAL BENEFITS FOR
DOMESTIC PARTNERS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, it is in the best interest of the City to be responsible to the changing
needs of society and to treat all persons fairly and equitably; and
WHEREAS, the City recognizes that long-term committed relationships foster
economic stability and emotional and physiological bonds; and
WHEREAS, the City has adopted a human rights ordinance and seeks to comply
with the full spirit of it.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF.THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article VI, Division 3, is hereby
amended to create a new Section 2-373 thereof, entitled "Requirement for City
Contractors to Provide Equal Benefits for Domestic Partners", to read as follows:
ARTICLE VI. PROCUREMENT
DIVISION 3. CONTRACT PROCEDURES
SECTION 2-373. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE
EQUAL BENEFITS FOR DOMESTIC PARTNERS
Definitions.
For purposes of this section only, the following definitions shall apply:
LD Benefits mean the following plan, program or policy provided or offered by a
Contractor to its employees as part of the employer's total compensation package:
sick leave, bereavement leave, family medical leave, and health benefits.
(22) Bid shall mean a competitive bid procedure established by the City through the
issuance of an invitation to bid, request for proposals, request for qualifications, or
request for letters of interest.
Q Cash Equivalent means the amount of money paid to an employee with a
Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the
employee's Domestic Partner (or spouse, if applicable). The Cash Equivalent is
equal to the employer's direct expense of providing Benefits to an employee for his
or her spouse.
Cash Equivalent. The cash equivalent of the following benefits apply:
a. For bereavement leave, cash payment for the number of days that
would be allowed as paid time off for the death of a spouse. Cash
payment would be in the form of the wages of the domestic partner
employee for the number of days allowed.
b. For health benefits, the cost to the Contractor of the Contractor's
share of the single monthly premiums that are being paid for the
domestic partner employee, to be paid on a regular basis while the
domestic partner employee maintains such insurance in force for
himself or herself.
c. For family medical leave, cash payment for the number of days that
would be allowed as time off for an employee to care for a spouse
who has a serious health condition. Cash payment would be in the
form of the wages of the domestic partner employee for the number
of days allowed.
Contract means any written agreement, purchase order, standing order or
instrument entered into pursuant to the award of a Bid whereby the City is committed
to expend or does expend funds in return for work, labor, professional services,
consulting services, supplies, equipment, materials, construction, construction
related services or any combination of the foregoing.
Contractor means any person or persons, sole proprietorship, partnership, joint
venture, corporation, or other form of doing business, that is awarded a Bid and
enters into a Covered Contract with the City, and which maintains 51 or more full-
time employees on the payroll during twenty_(20) or more calendar work weeks in
either the current or the preceding calendar year. Work weeks include consecutive
and non-consecutive work weeks.
Covered Contract means a Contract between the City and a Contractor awarded
subsequent to the date when this section becomes effective valued at over
$100,000.
Domestic Partner shall mean any two (2) adults of the same or different sex,
who have registered as domestic partners with a governmental body pursuant to
state or local law authorizing such registration, or with an internal registry maintained
by the employer of at least one of the domestic partners. A Contractor may institute
an internal registry to allow for the provision of equal benefits to employees with
domestic partner who do not register their partnerships pursuant to a governmental
body authorizing such registration, or who are located in a jurisdiction where no such
governmental domestic partnership registry exists. A Contractor that institutes such
registry shall not impose criteria for registration that are more stringent than those
required for domestic partnership registration by the City of Miami Beach.
IM Equal Benefits means the eguality of benefits between employees with spouses
and employees with Domestic Partners, and/or between spouses of employees and
Domestic Partners of employees.
fm Equal Benefits Requirements.
W All Bids for Covered Contracts which are issued on or after the
effective date of this section shall include the requirement to provide Equal Benefits
in the procurement specifications for such Bids.
The City shall not enter into any Covered Contract unless the
Contractor certifies that such Contractor does not discriminate in the provision of
Benefits between employees with Domestic Partners and employees with spouses
and/or between the Domestic Partners and spouses of such employees.
Such certification shall be in writing and shall be signed by an
authorized officer of the Contractor and delivered, along with a description of the
Contractor's employee benefits plan, to the City's Procurement Director prior to
entering into such covered Contract.
4 The City Manager or his/her designee shall reject a Contractor's
certification of compliance if he/she determines that such Contractor discriminates in
the provision of Benefits or if the City Manager or designee determines that the
Certification was created, or is being used for the purpose of evading the
requirements of this section.
LQ The Contractor shall provide the City and/or the City Manager or
his/her designee, access to its records for the purpose of audits and/or
investigations to ascertain compliance with the provisions of this section, and upon
request shall provide evidence that the Contractor is in compliance with the
provisions of this section upon each new Bid, Contract renewal, or when the City
Manager has received a complaint or has reason to believe the Contractor may not
be in compliance with the provisions of this section. This shall include but not be
limited to providing the City and/or the City Manager or his/her designee with
certified copies of all of the Contractor's records pertaining to its Benefits policies
and its employment policies and practices.
i
�6 The Contractor must post a copy of the following statement in
conspicuous places at its place of business available to employees and applicants
for employment:
"During the performance of a Contract with the City of Miami
Beach, Florida, the Contractor will provide Equal Benefits to its
employees with spouses and its employees with Domestic
Partners'
The posted statement must also include a City contact telephone number which will
be provided each Contractor when the Covered Contract is executed.
The Contractor may not set up or use its contracting entity for the
purpose of evading the requirements imposed by this section.
Other Options for Compliance.
Provided that the Contractor does not discriminate in the provision of Benefits, a
Contractor may also comply with this section in the following ways:
1) The Contractor may provide an employee with the Cash Equivalent of
such Benefit or Benefits, if the City Manager or his/her designee determines that
either:
aa) The Contractor has made a reasonable yet unsuccessful effort to
provide Equal Benefits. The Contractor shall provide the City Manager or his/her
designee with sufficient proof of such inability to provide such Benefit or Benefits
which shall include the measures taken to provide such Benefits or Benefits and the
Cash Equivalent proposed, along with its certificate of compliance, as is required
under subsection (B) of this section. The City Manager or his designee shall, based
on submitted evidence, determine whether the Contractor's failure to provide such
Benefit or Benefits precludes such Contractor from entering into a Covered Contract
pursuant to the requirements of this sections or
Under the circumstances, it would be unreasonable to require the
Contractor to provide Benefits to the Domestic Partner(or spouse, if applicable).
The Contractor provides benefits neither to employees' spouses nor to
employees's'Domestic Partners.
Applicability.
1) Unless otherwise exempt, a Contractor is subject to and shall comply with
all applicable provisions of this section.
Q The requirements of this section shall apply to Contractor's operations as
follows:
I Employees of a Contractor with a Covered Contract who work
within the City limits of the City of Miami Beach, Florida: and
b� The Contractor's employees located in the United States, but
outside of the City of Miami Beach limits, if those employees are-directly performing
work on the Covered Contract within the City of Miami Beach.
Mandatory Contract Provisions Pertaining to Egual Benefits.
Unless otherwise exempt, every Covered- Contract shall contain language that
obligates the Contractor to comply with the applicable provisions of this section. The
language shall include provisions for the following:
1) During the performance of the Covered Contract, the Contractor certifies
and represents that it will comply with this section.
2) The failure of the Contractor to comply with this section will be deemed to
be a material breach of the Covered Contract.
3� If the Contractor fails to comply with this section, the City may terminate
the Covered Contract and all monies due or to become due .under the Covered
Contract may be retained by the City. The City may also pursue any and all other
remedies at law or in equity for any breach.
4) If the City Manager or his designee determines that a Contractor has set
up or used its contracting entity for the purpose of evading the requirements of this
section, the City may terminate the Covered Contract.
5) Failure to comply with this section may subject the Contractor to the
procedures set forth in Division 5, entitled "Debarment of Contractors from City
Work.,,
U Enforcement.
1� If the Contractor fails to comply with the provisions of this section:
1� The failure to comply may be deemed to be a material breach of
the Covered Contracts or
2) The City may terminate the Covered Contract: or
3) Monies due or to become due under the Covered Contract may be
retained by the City until compliance is achieved: or
4) The City may also pursue any and all other remedies at law or in
equity for any breach:
5� Failure to comply with this section may also subject Contractor to
the procedures set forth in Division 5, entitled "Debarment of Contractors from City
Work.,'
Non-applicability, Exceptions and Waivers.
1� The provisions of this section shall not apply where:
pj The Contractor provides Benefits neither to employees' spouses
nor to employees' Domestic Partners.
b) The Contractor is a religious organization, association, society or
any non-profit charitable or educational institution or organization' operated,
supervised or controlled by or in conjunction with a religious organization,
association or society.
) The Contractor is a governmental entity.
The provisions of this section shall not apply to Covered Contracts which
involve:
a) The sale or lease of City property.
b� Development agreements entered into pursuant to Chapter
163.3220, Florida Statutes, (the "Florida Local Government Development
Agreement"), as same may be amended.
c The award, pursuant to competitive processes, of CDBG, HOME,
SHIP and Surtax Funds administered by the City's Office of Community
Development.
d) The award, pursuant to competitive processes, of Cultural Arts
Council Grants.
The acquisition of professional architectural, engineering,
landscape architectural, or survey and mapping services procured pursuant to
Chapter 287 055, Florida Statutes (the "Consultants' Competitive Negotiation Act"),
as same may be amended.
f) The procurement of life, health, accident, hospitalization, legal
expense, annuity insurance, or all or any kinds of other insurance for the officers and
employees of the City, and for the dependents of such officers and employees, from
a group insurance plan.
3� Upon the request and written recommendation of the City Manager, the
City Commission may, by resolution adopted by a five-seventh (5/7ths) vote of the
City Commission, waive compliance of this section under the following
circumstances:
a) The Covered Contract is necessary to respond to an emergency,
where the existence of an emergency is requested, upon written recommendation of
the City Manager, and same is determined by the City Commission. For purposes of
waiver under this subsection only, in determining whether there is an emergency,
the City Commission may consider the following non-exclusive factors:
i) The nature of the Covered Contract;
ii The length of the Covered Contract;
iii) The cost of the Covered Contracts
iv Whether grants are involved in the Covered Contract and the
requirements of those grants
v� Whether there is a need to have materials, goods, and
services furnished immediately and the consequences of a
delay in having those materials, goods, and services
furnished:
vi The monetary consequences if action is not taken
immediately:
yjD Any health, safety, and welfare issues that may be involved.
viii Increased labor costs, and scheduling of labor:
ix The need to complete work before a strict deadline: or
The impact of delaying one phase or portion of a project on
the other phase(s) or portions of the project.
Where only one Bid response is received:
c) Where more than one Bid response is received, but the Bids
demonstrate that none of the bidders can comply with the requirements of this
section, and one or more of the Bids received would otherwise have been
responsive if compliance with this section would not have been listed as a
requirement in the Bid specifications;
d) Where more than one Bid response is received and Bid responses
are received from:
1 one or more bidders that comply with the requirements of
this section and-are otherwise responsive; and
ii) one or more bidders that do not or cannot comply with the
requirements of this section, but would otherwise have been
responsive if compliance with this section would not have
been listed as a requirement in the Bid specifications; and
iii the Procurement Director's review of the Bids demonstrates
that the cost of the Bid (and/or the proposed Covered
Contract which may be negotiated for such Bid), as
submitted by-the lowest responsive bidder which complies
with the requirements of this section (or, in the case of a
proposal, the proposal of the top-ranked proposer), would be
at least five percent (5%). or two hundred fifty thousand
dollars ($250,000) (whichever is less), greater than the
lowest responsive bid submitted by the bidder which does
not comply with the requirements of this section but would
otherwise have been responsive if compliance with this
section would not have been listed as a requirement in the
Bid specifications (or, in the case of a proposal, where the
top-ranked proposer -which does not comply with the
requirements of this section, but would otherwise have been
responsive if compliance with this section would not have
been listed as a requirement in the Bid specifications);
then, upon request and written recommendation of the City Manager, the City
Commission may, by resolution adopted by a 5/7ths vote of the City Commission,
waive compliance of this section, and award the Bid to the lowest bidder (or, if a
proposal, to-the top ranked proposer)which does not comply with the requirements
of this section but would otherwise have been compliance responsive if with this
p p
section would not have been listed as a requirement in the Bid specifications.
Consistency with Federal or State Law.
The provisions of this section do not apply where the application of these provisions
would violate or be inconsistent with the laws, rules or regulations of federal or state
law, or where the application would violate or be inconsistent with the terms or
conditions of a grant or contract with the United States of America, the State of
Florida, or the instruction of an authorized representatives of any of these agencies
with respect to any grant or contract.
I) Nothing in this section shall be construed to limit the City's authority to cancel or
terminate a Contract, deny or withdraw approval to perform a subcontract or provide
supplies, issue a non-responsibility finding, issue a non-responsiveness finding,
1 1
deny a person or entity pre-qualifications, or otherwise deny a person or entity City
business.
J� Timing of Application.
This section shall be applicable only to Covered Contracts awarded pursuant to Bids
which are issued six (6) months from the date when this section becomes effective.
SECTION 2. REPEALER
All ordinances or parts or ordinances in conflict herewith be the same are hereby
repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION
It is intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance
may be. renumbered or relettered to accomplish. such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the 29th day of October
PASSED and ADOPTED thos19th day of October If-MAYOR,
ATTEST:
David Dermer
CITY CLERK Robert Parcber APPROVED AS TO
FORM&LANGUAGE
FAatto\AGUR\RESOS-ORD\Equal Benefits Ordinance(Final).doc ®R EXECUTION
If kaeg. / /a bs
City Attorney Date
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance(Second Reading)Entitled"Requirement For City Contractors To Provide Equal Benefits For
Domestic Partners,"By Mandating That City Contractors Provide Equal Benefits For Domestic Partners.
Issue:
Fs-hall the City Commission Adopt the Ordinance?
Item Summa /Recommendation:
The proposed Ordinance is being sponsored by Commissioner Luis Garcia and was prepared at the
recommendation of the Neighborhood/Community Affairs Committee.
The City Attorney's Office and the City's Procurement Division worked on the proposed Ordinance which
would require certain contractors doing business with the City (as further defined herein) to provide
"equal benefits"to their employees, including their employees with domestic partners. The proposed
Ordinance was prepared,after having reviewed various equal benefits legislation from counties and
municipalities in other states,as well as having conducted independent research and legal review. The
Ordinance has also been reviewed with representatives of SAVE Dade, including their advisory legal
counsel on this issue.
The Mayor and Members of the City Commission at its September 8,2005 City Commission meeting,
approved on first reading the proposed ordinance entitled"Requirement for City Contractors to Provide
Equal Benefits for Domestic Partners"(the Ordinance),and the Contract Compliance Specialist position,
by a ballot vote of 7-0.
As part of the discussion relevant to the Ordinance and Contracts Compliance Specialist position,the
following requests were made by the City Commission and in turn,the Administration conducted its due
diligence relative to the issues raised which are addressed in the attached Commission Memo.
Adopt the Ordinance, to be submitted in the Supplemental Agenda, reflecting the Finance& Citywide
Projects Committee and the Nei hborhood/Communi Affairs Committee's requested modifications.
Adv1sory Board Recommendation:
On September 1,2005,the Finance and Citywide Projects Committee and the Neighborhood Community
Affairs Committee unanimously moved the item to the full Commission, recommending approval of the
proposed Ordinance. The Committees also recommended establishing a ramp-up period for ordinance
and the creation of dedicated position for contract compliance issues.
Financial Information:
Source of Amount Account Approved
Funds:
2
3
4
Finance Dept. Total
Cfty Clerk's Office Legislative Tracking:
[-Gus Lopez,ext.6641
Sign-Offs:
Depaoment Director Assistant City Manager City Manager
GL /��— PDW JMG QAAA
T:1AG DA1200510ct19051 Regular\OrdinanceRequirementCont tors mmary.doc
AGENDA ITEM RSA
DATE l f -Os
1 Ir 1
CIT ■ OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
www.miamibeachfi.gov
COMMISSION MEMORANDUM
To: Mayor David Dermer and Date: October 19,2005
Members of the City Commission
From: Jorge M.Gonzalez SECOND READING
City Manager PUBLIC HEARING
Subject: AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2,ARTICLE VI,DIVISION 3,BY CREATING SECTION 2-
373 THEREOF, ENTITLED"REQUIREMENT FOR CITY CONTRACTORS
TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS," BY
MANDATING THAT CITY CONTRACTORS PROVIDE EQUAL BENEFITS
FOR DOMESTIC PARTNERS; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
The Mayor and Members of the City Commission at its September 8, 2005 City
Commission meeting, approved on first reading the proposed ordinance entitled
"Requirement for City Contractors to Provide Equal Benefits for Domestic Partners"(the
Ordinance), and the Contract Compliance Specialist position, by a ballot vote of 7-0.
As part of the discussion relevant to the Ordinance and Contracts Compliance Specialist
position, the following requests were made by the City Commission and in turn, the
Administration conducted its due diligence relative to the following issues:
1. Commissioner Simon Cruz requested that the Contracts Compliance Specialist position
reflect the enforcement not only of the Ordinance, but also the City's Living Wage
Ordinance.
The Administration has prepared the Contracts Compliance Specialist job description
with duties and responsibilities that will include enforcement of the requirements set
forth in the City's Living Wage Ordinance, Equal Benefits Requirements for Contractors
Ordinance, and any other ordinance adopted by the Mayor and City Commission that
requires enforcement by the Procurement Division. See attached Contracts
Compliance Specialist job description.
2. Commissioner Cruz requested to have penalties in the Ordinance before second
reading.
The City Attorney's Office has incorporated the following penalty provisions in the
proposed Ordinance:
• The failure of the Contractor to comply with the Ordinance will be deemed to be
a material breach of the Covered Contract;
• If the Contractor fails to comply with the Ordinance, the City may terminate the
Covered Contract and all monies due or to become due under the Covered
Contract may be retained by the City;
• The City may also pursue any and all other remedies at law or in equity for any
breach;
• If the City Manager or his designee determines that a Contractor has set up or
used its contracting entity for the purpose of evading the requirements of this
section, the City may terminate the Covered Contract;
• Failure to comply with this section may subject the Contractor to the procedures
set forth in Division 5, entitled "Debarment of Contractors from City Work.";
• Monies due or to become due under the Covered Contract may be retained by
the City until compliance is achieved; and
• Failure to comply with the requirements of the Ordinance may also subject
Contractor to the procedures set forth in the Miami Beach City Code, entitled
"Debarment of Contractors from City Work."
3. Commissioner Jose Smith stated that as it relates to the enforcement issue,the City
needs to look at creative ways to enforce the Ordinance, and suggested that perhaps
another governmental agency,or law schools(i.e.,University of Miami and University of
New York) as opposed to hiring full-time employee.
The City's Procurement Director explored Commissioner Smith's suggestion with the
following entities/individuals:
i
MIAMI-DADE COUNTY
Marsha Jackman,Director, Department of Business Development,Miami-Dade County.
Ms. Jackman also oversees the County's Compliance Division, which oversees the
County's Living Wage Ordinance.
Ms. Jackman informed the City's Procurement Director that the Miami-Dade County
Commission established a 15-person Living Wage Commission with the purpose of
reviewing the effectiveness of the County's Living Wage Ordinance, review
certifications submitted by covered employers, review complaints filed by employees
and to make recommendations to the County Mayor and the County Commission.And
the County's Living Wage Ordinance is enforced by the Compliance Division within the
Department of Business Development. The Compliance Division consists of 28
individuals, of which 9 are Contract Compliance Specialist II, and 14 are Contract
Compliance Specialist I, and the 5 are support staff positions.
When asked if the County would consider enforcing the City's Living Wage and/or
Equal Benefits Ordinance, Ms.Jackman indicated that her office is only familiar with the
Living Wage Ordinance. And as it relates to the Living Wage Ordinance, in order for
her office to present a recommendation to the County Manager, the County needs to
know if the City wants an "aggressive enforcement" process that includes but is not
i
limited to on-site interviews with employees of all covered employers, or enforcement
only when complaints are filed?
If the City desires "aggressive enforcement", based on the County's Compliance
Division's existing staff and the volume of current County contracts that fall under the
County's Living Wage Ordinance, coupled with the City's Living Wage contracts,then
the County would need to hire additional staff and all costs associated with
enforcement would be part of an inter-governmental agreement with the City.
Should the City desire the County to process and resolve all complaints filed relative to
Living Wage,then all costs associated with complaint procedures,sanctions,remedies,
and administrative hearing processes would be part of an inter-governmental
agreement with the City.
University of Miami
Professor Michael Fischl, University of Miami, School of Law. Professor Fischl had
heard about the City's Equal Benefits Requirements Ordinance but was not aware of
the particulars. His area of expertise and study has been the Living Wage Ordinance.
Professor Fischl offered suggestions including the establishment of an oversight
committee that would make recommendations and review staff reports relative to
compliance or lack thereof by vendors. Additionally, Professor Fischl believed that a
"specialist" whose job responsibilities would require enforcement of the various
ordinances was a good-idea.
New York University (NYU)
Professor Paul Sonn, Brennan Center for Justice at NYU School of Law. Professor
Sonn informed me that the NYU Center has assisted activists, lawmakers in cities
across the country in designing, enacting and defending living wage laws. He is not
familiar with Equal Benefits laws, but has done extensive research on Living Wage
laws. However, as it relates to enforcement issues, he would defer to his colleague at
the University of Massachusetts, Stephanie Luce.
At the time this Commission Memorandum was being finalized,several messages and
and Professor Gerald Lopez,e mails were sent to Professor Luce, p ,NYU School of Law.
Any information provided by Professor Lopez or Professor Luce will be submitted as
supplemental material.
4. Commissioner Richard Steinberg asked if the False Claims Ordinance can be changed,
so that if someone is asking the City for payment based on a contract that they are
supposed to pay a living wage or provide for domestic partner benefits, and they are
not adhering the requirements of said Living Wage or Equal Benefits Ordinances,then
that would trigger the False Claims Ordinance.
The City Attorney's Office has reviewed the False Claims Ordinance, and, the current
version would not apply with regard to enforcement of the proposed Equal Benefits
Ordinance and,other ordinances such as the Living Wage Ordinance. An amendment
to the False Claims Ordinance would be required which, upon request by the City
Commission, the City Attorney's Office would prepare.
5. Commissioner Smith requested to know what the potential fiscal impact would be if the
Cit y Commission exercised the waiver provisions set forth in the Ordinance.
The Commission Memorandum presented to the City Commission on September 8,
2005, informed the Mayor and City that if the proposed Ordinance was enacted five
years ago, the fiscal impact would have been have been. $2,149,887.56. This
estimated fiscal impact was based on applying the requirements of the proposed
Ordinance to the contracts awarded by the City over the past five years, without any
waiver considerations.The potential fiscal impact if the City Commission had exercised
the waiver provisions set forth in the Ordinance-is reduced from $2,149.887.56 to
$366,119.56. The significant difference is in large part attributable to one contract—the
North Shore Park and Youth Center which shows a difference between the low bidder
who is not compliant, and the second low bidder who is compliant, of$1,652,768.
FISCAL IMPACT
Determining the five-year fiscal impact of the proposed Ordinance beyond the cost
associated with aforementioned Contract Compliance Specialist position is extremely
difficult when one considers the variables of the proposed Ordinance (i.e. applicability,
exemptions,and waiver provisions). However,the Administration applied survey results to
the bid results of the last five years' contract awards to determine the impact of the
proposed Ordinance. In other words, if the proposed Ordinance was enacted five years
ago, what would the fiscal impact have been? Based on the above, had the Ordinance
been in place, the additional cost to the City would have been in excess of$2 million.
The following are the bid results if the Ordinance applied at the time of award (looking back
five years):
(1) Total number of contracts awarded that the results were applied to:......174
(2) Total number/percentage of contractors who provide or
offer equal benefits to all employees including individuals
in a domestic partnership ....................... . ....................................129(74%)
(3) Total number/percentage of contractors who would not provide or
offer equal benefits to all employees including individuals in a domestic
partnership.......................... ....................................................17(10%)
(4) Total number/percentage of contracts exempted................................28 (16%)
(5) Fiscal Impact Without Waiver.....................................................$2,149.887.56
(6) Fiscal Impact With City Commission Waiver .............................. $366,119.56
The fiscal impact in subsection (5) above, was calculated by comparing the lowest and
best bids which did not meet the requirement of the proposed Ordinance (in terms of
offering equal benefits to employees with domestic partners), versus the next lowest and
best bids that did meet the requirements of the Ordinance (i.e., offered equal benefits to
employees with domestic partners).
BACKGROUND
Pursuant to the � the request of Commissioner Luis Garcia Mayor and City Commission
q Y tY
passed and adopted on July 28,2004,Ordinance No.2004-3451,which amended Chapter
62 of the Miami Beach Code entitled "Human Relations" by adding Article IV thereto to
provide for Registered Domestic Partnerships for those wishing to register who meet
eligibility requirements,and granting certain rights including health care visitation and heath
care decisions, among other rights.
At the direction of the Neighborhood/Community Affairs Committee, the City Attorney's
Office and the City's Procurement Division worked on the proposed Ordinance which would
require certain contractors doing business with the City (as further defined herein) to
provide "equal benefits" to their employees, including their employees with domestic
partners.
The attached Ordinance, entitled "Requirement for City Contractors to Provide Equal
Benefits for Domestic Partners" (and which may hereinafter also be referred to as the
Ordinance)was prepared by the City Attorney's Office and the Administration after having
reviewed various equal benefits legislation from counties and municipalities in other states,
as well as having conducted their own independent research and legal review. The
Ordinance has also been reviewed with representatives of SAVE Dade, including their
advisory legal counsel on this issue, and incorporates their comments and/or revisions.
On September 1, 2005, the Finance and Citywide Projects Committee and the
Neighborhood/Community Affairs Committee (the "Committees"), held a joint meeting to
discuss the proposed Ordinance.
The Committees listened to a presentation from Raul Aguila, First Assistant City Attorney,
which provided an analysis of the major points of the proposed Ordinance. Additionally,
the Committees listened to a presentation from Gus Lopez, Procurement Director,which
provided the results of surveys issued to more than 2,800 vendors,and information relative
to potential fiscal impact.
Commissioner Steinberg requested that the "cash equivalent" option for compliance be
further reviewed and/or modified to ensure that the applicability requirements are-
consistent. Additionally, Commissioner Steinberg recommended as part of the waiver
provisions, some consideration for the City Commission to waive the requirements of the
proposed Ordinance, should the City Commission determine it is in the City's best
economic interest.
The Committees unanimously moved the item to the full Commission, recommending
approval of the proposed Ordinance. The Committees also recommended establishing a
ramp-up period for ordinance and the creation of dedicated position for contract
compliance issues.
Commissioner Garcia and Ms. Pena thanked the Committees for supporting the proposed
Ordinance.
PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY
The foregoing analysis provides a summary of the major points of the proposed Ordinance:
1)What is the intent of the Ordinance?
The proposed Ordinance will require certain contractors doing business with the City of
Miami Beach,who are awarded a contract pursuant to competitive bids,to provide"Equal
Benefits"to their employees with Domestic Partners, as they provide to employees with
spouses.
2) How are"Equal Benefits"defined and what kind of"Benefits"does the Ordinance
cover?
"Equal Benefits" means that contractors doing business with the City who are covered by
the Ordinance shall be required to provide the same type of benefits that they offer to
employees and their spouses, to employees with Domestic Partners.
The type of"Benefits"defined by the Ordinance and which may be offered by a contractor
include: sick leave, bereavement leave, family medical leave, and health benefits.
" Ordinance are the same a of benefits that the City provides
The Benefits defined in the Or type tY P
to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code].
Notwithstanding the definition of"Benefits"in the Ordinance,to comply with the Ordinance
a Contractor is not required to provide all the above-described benefits. Contractors are
only required to offer the same type of Benefits they offer to their employees with spouses,
to employees with Domestic Partners. Additionally,a Contractor who offers no benefits to
employees or their spouses,would not be required to offer any benefits to employees with
Domestic Partners (and would still be in compliance with the Ordinance).]
3)Who is considered a"Domestic Partner" under the Ordinance?
A"Domestic Partner"shall mean any two (2) adults of the same or different sex who have
registered as domestic partners with a government body pursuant to state or local law
authorizing such registration, or with an internal registry maintained by the employer of at
least one of the domestic partners.
4) What type of Contracts and/or which Contractors are covered by the Ordinance?
The Ordinance only applies to the following:
• competitively,bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.).
• contracts valued at over$100,000.
• contractors who maintain 51 or more full time employees on their payrolls during 20
or more calendar work weeks in either the current or the preceding calendar year.
• contractors covered by the Ordinance are only required to comply as to employees
who: 1) either work within the City limits of the City of Miami Beach; or 2) the
contractor's employees located in the United States, but outside of the City limits,
only if those employees are directly performing work on the City contract(covered
by the-Ordinance).
5) In what cases does the Ordinance not apply?
The provisions of the Ordinance do not apply where:
• the City contract has been has been entered into prior to the effective date of the
Ordinance (including renewal terms contained in such contracts).
• the City contract is not competitively bid.
• the City contract is valued at less than $100,000.
• the contractor has less than 51 employees.
• the contractor does not provide Benefits either to employees' spouses or to
employees' Domestic Partners.
• the contractor is a religious organization, association, society or any non profit
charitable or educational institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association or society.
• the contractor is another government entity.
The following City contracts are not covered by the Ordinance:
• contracts for sale or lease of City property. .
• Development Agreements.
• contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the
City's Office of Community Development
• Cultural Arts Council grants
contracts for professional A/E, landscape A/E, or survey and mapping services
procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants
Competitive Negotiation Act".
contracts for the procurement of life,health,accident,hospitalization,legal expense,
annuity insurance, or any and all other kinds of insurance for the officers and
employees of the City and their dependents, from a group insurance plan.
The Ordinance provides, upon written recommendation of the City Manager,that the City
Commission may, by 5/7ths vote, waive application of the Ordinance for the following:
• emergency contracts.
• contracts where only one bid response is received.
• contracts where more than one bid response is received, but none of the bidders
can comply with the requirements of the Ordinance.
The City's ability to apply the Ordinance may also be preempted in instances where the
Ordinance impacts health,retirement,or pension program which fall within the jurisdiction
of the Employee Retirement Income Security Act (ERISA), and may under certain
circumstances be held invalid under Federal preemption.
6) How is the Ordinance enforced by the City?
• City contracts that are covered by the Ordinance shall notify potential
bidders/proposers of the Ordinance and its requirements in the issued bid
documents.
• at the time of entering into the contract with the City, the proposed City contractor
shall certify to the City that it intends to provide Equal Benefits, along with the
description of its employee benefits plan, which needs to be delivered to the
Procurement Director prior to entering into the contract.
• the City has the ongoing right to investigate/audit contracts for compliance with the
provisions of the Ordinance.
• the contractor is required to post notice to its employees at its place of business that
it provides Equal Benefits.
7) Is there another way for a Contractor who does not provide Equal Benefits to
comply with-the Ordinance?
If a contractor covered by the Ordinance has made a reasonable yet unsuccessful
effort to provide Equal Benefits, it can still comply with the Ordinance by providing an
employee with the"Cash Equivalent"of the similar benefit(s)offered to the contractors
employees and their spouses.
8) what are the penalties for non compliance?
Failure of a contractor to comply with the requirements of the Ordinance may
result in the following:
®breach/default under the contract.
*termination of the contract.
*monies due under the contract may be retained by the City until compliance is achieved.
*debarment of contractors from City work,as prescribed by the City Code.
ADMINISTRATIVE SURVEY AMONG CURRENT CITY VENDORS AND INITIAL FISCAL
IMPACT ANALYSIS
In addition to research and preparation of the proposed Ordinance,the City's Procurement
Division prepared a written survey/questionnaire which was sent to vendors currently doing
business with the City of Miami Beach. The purpose of the survey/questionnaire was to
determine both the viability of the proposed Ordinance, particularly in terms of gauging
potential fiscal impact, as well as impact upon the City's competitive bidding process and
current available bidder"pools."
More than 2,800 surveys were issued to City vendors to determine among them the
number of contractors who currently offer equal benefits to all their employees including
employees in a domestic partnership; and the number of contractors who currently do not
offer equal benefits to all their employees but would comply if required as a condition of
doing business with the City. Of the 2,800 surveys issued, 604 responses were received
(representing 22%of the surveys issued).The specific questions asked and the responses
thereto are listed below:
a. Does your company provide or offer equal benefits to all employees including
individuals in a domestic partnership?
Yes—64.7% No—33.3% N/A or No Answer— 2%
b. If the City was to require your company (as a condition of contract award), to
provide/offer equal benefits to all your employees, including employees in a domestic
partnership, would you continue to do business with the City?
Yes-76.3% No-19.2% N/A or No Answer—4.5%
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve and adopt
the attached Ordinance on second reading, public hearing; and approve the Contract
Compliance Specialist position subject to the City's classification review process, in order
to enforce the requirements set forth in the proposed Ordinance and the City's Living Wage
Ordinance and any other ordinance the City Commission may adopt that requires the
Administration to enforce.
T:IAGENDA1 20051 Octl905 1Regular\RequirementsOrdinance 2nd reading Memo.doc
r
Contracts Compliance Specialist
NATURE OF WORK
Employees in this class are responsible for inspecting and monitoring vendors, firms,
individuals, contractors and sub-contractors for compliance with requirements pertaining
to the Living Wage Ordinance, Equal.Benefits Requirements for Contractors Ordinance,
and any other ordinance adopted by the Mayor and City Commission that requires
enforcement by the Procurement Division. Considerable field work is required to ensure
contract compliance, through interviews and examination of documentation. Supervision
is received from the Procurement Director who reviews work for compliance with
established policies and procedures.
ILLUSTRATIVE EXAMPLES OF ESSENTIAL DUTIES
Performs field work to verify that vendors, contractors and sub-contractors are compliant
with established living wage rates and equal benefits requirements.
Provides City departments with general support and technical assistance, as required.
Plans and schedules reviews of contractor payrolls and other applicable records
required to determine compliance with appropriate ordinances.
Conducts job-site interviews with contractor management staff and employees, as
needed, concerning wage, benefit and job classification issues.
Investigates complaints related to enforcement of applicable ordinances and prepares
for administrative hearings.
Determines any underpayments on the part of contractors or sub-contractors; reviews
findings with Procurement Director.
Prepares program evaluation reports.
Exercises considerable independent judgment in ensuring vendor/contractor compliance
with applicable ordinances
Performs related work as required.
KNOWLEDGE, SKILLS AND ABILITIES
Considerable knowledge and understanding of ordinances and procedures pertaining to
wages and benefits.
Working knowledge of contracts, all applicable clauses, contract compliance and
enforcement.
Considerable knowledge of techniques in monitoring contracts for compliance.
Knowledge of interviewing practices and techniques.
Knowledge of regulations and rules governing payroll reporting procedures.
Knowledge of public relations principles and techniques.
Knowledge of job classifications in the construction and services industries.
Ability to obtain, collect and organize pertinent information required to review contracts
compliance issues.
Ability to analyze detailed payroll and bookkeeping records.
Ability to develop interview questionnaires and conduct interviews.
Ability to deal effectively with departmental staff members, private contractors and their
employees.
Ability to communicate clearly and concisely, verbally and in writing.
Ability to plan and schedule work to meet scheduled reviews of contractor' payroll
records.
MINIMUM REQUIREMENTS
Graduation from an accredited college or university with a Bachelor's degree in Public or
Business Administration, or a related field. Three (3) years experience which
demonstrates competencies in required knowledge, skills and abilities needed for this
position. Experience may substitute for education on a year-for-year basis.
DESIRES:
Positive attitude and ability to maintain composure. Excellent written and oral
communication skills. Knowledge of Windows, Office Suite (i.e., Word, Excel, Access,
PowerPoint) and automated purchasing system.
PHYSICAL REQUIREMENTS
Must have the use of sensory skills in order to effectively communicate and interact with
other employees and the public through the use of the telephone and personal contact.
Physical capability to effectively use and operate various items of office related
equipment, such as, but not limited to, word processor, calculator, copier, and fax
machine. No significant standing, walking moving, climbing, carrying, bending, kneeling,
crawling, reaching, and handling, sitting, standing, pushing, and pulling.
SUPERVISION RECEIVED
General and specific assignments are received and work is performed with moderate
latitude for the use of independent judgment in the selection of work methods and
procedures and is subject to review for compliance with departmental standards and
objectives.
SUPERVISION EXERCISED
May supervise the work of Procurement clerical staff
F:\PURC\$ALL\GUS\Contracts Compliance Officer.doc
e � _
CITY OF MIAMI BEACH °
0
N
NOTICE OF PUBLIC HEARING
N
C
W
NOTICE IS HEREBY given that public hearings will be held by the Mayor and
City Commission of the City of Miami Beach, Florida, In the Commission
Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach,
Florida,on Wednesday,October 19,2005,to consider the following: a
10:15 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2,Article VI, Division
3, By Creating.Section 2-373 .Thereof, Entitled "Requirement For City _
Contractors To Provide Equal Benefits For Domestic Partners," By Mandating o
That City Contractors Provide Equal Benefits For Domestic Partners.
Inquiries may be directed to the Procurement Division at(305)673-7490:
10:20 a.m.
A Resolution'Setting A First Public Hearing To Consider Extending The o
Approval Of The Miami Beach Convention Center As A Venue For Conventions,
Expositions Or Events Involving Adult Materials, Pursuant To The Provisions Of
Section 847.0134, Florida Statutes;.and Referring The Matter.To The Land.Use 3
And Development Committee. 3
Inquiries may be directed to the Planning Department at(305)673-7550.
10:30 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of.
The City Of Miami Beach, By Amending Chapter 118, "Administration And
Review Procedures,"Article X, "Historic Preservation," Division 1', "Generally,"
By Amending Section 118-503 To Modify The Requirements For An After-The-
Fact Certificate Of Appropriateness; By Amending Chapter 118,
"Administration And Review Procedures," Article X, "Historic Preservation,"
Division 3, "Issuance Of Certificate Of Appropriateness/Certificate To Dig/
Certificate Of Appropriateness For Demolition," By Amending Section 118-562
To Add A Requirement For An Independent Structural Evaluation For
Demolition Requests.
Inquiries may be directed.to the Planning Department at(305)673-7550.
10:35 a.m.'
An Ordinance Amending The Land Development Regulations Of The Code Of
The City Of Miami Beach, By Amending Chapter 138, "Signs," By Amending
Article I, "In General," By Amending Section 138-11 To Clarify The
Requirements And Procedures For The Removal Of Signs; Providing For
Inclusion In The City Code.
Inquiries may be directed to the Planning Department at(305)673-7550.
INTERESTED PARTIES are invited to appear at this meeting,or be represented
by an agent, or,to express their views in writing addressed to the City
Commission, c/o the City Clerk, 1700 Conventio Center Drive, 1st Floor,City
Hall, Miami Beach, Florida 33139.Copies of the*ordinances are available for
public Inspection during normal business hours in the City Clerk's Office, 1700
Convention Center Drive, 1 st Floor, City Hall,and Miami Beach,Florida 33139.
This meeting may be continued and under such circumstances additional legal
notice would not be provided.
Robert E.Parcher,City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla..Stat., the City hereby advises the public that: if a
person decides to appeal any decision made by the City Commission with respect to
any matter considered at Its meeting or Its hearing,such person must ensure that a
verbatim record of the proceedings is made,which.record includes the testimony and `.
evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the Introduction or admission of otherwise Inadmissible or
Irrelevant evidence, nor does It authorizechallenges or appeals not otherwise allowed
by law.
iTo request this material in accessible format,sign language Interoreters,Information on
access for persons with disabilities, and/or any accommodation to review any
documert or participate In anv city-sponsored proceeding_. please contact(305)604-
i 2489 (voice), (305)573-7218n-m fi+.e devs in-advance to initiate your req�les!. TTY
f users may also ca;;'"1 (Florida Relay Service).
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City of Miami Beach, Florida
1700 Convention Center Drive—3rd Floor -- - -
Miami Beach, FL 33179
This letter is to explain our understanding of the arrangements for the services we are to perform for the
City of Miami Beach, Florida (thereafter the"City")as of and for the fiscal years as outlined in this
agreement.
Audit Services
We will perform an audit of the City's basic financial statements as of and for the fiscal years as outlined
in this agreement. We understand that the financial statements will be prepared in accordance with
accounting principles generally accepted in the United States of America. The objective of an audit of
financial statements is to express an opinion on those statements.
We are responsible for forming and expressing an opinion about whether the financial statements that
have been prepared by management with the oversight of the City Commissioners are presented fairly, in
all material respects, in conformity with accounting principles generally accepted in the United States of
America.
We will also perform the audit of the City, so as to satisfy the audit requirements imposed by the Single
Audit Act and the U.S. Office of Management and Budget(OMB) Circular No. A-133 and the Florida
Single Audit Act, should they become necessary during the contract period.
We will conduct the audit in accordance with auditing standards generally accepted in the United States
of America and Government Auditing Standards issued by the Comptroller General of the United States
and the provisions of the Single Audit Act, OMB Circular A-133 and OMB's Compliance Supplement.
Those standards, circulars, supplements or guides require that we plan and perform the audit to obtain
reasonable, rather than absolute, assurance about whether the financial statements are free of material
misstatement whether caused by error or fraud. Accordingly, a material misstatement may remain
undetected. Also, an audit is not designed to detect errors or frauds that are immaterial to the financial
statements. The determination of abuse is subjective; therefore, Government Auditing Standards do not
expect us to provide reasonable assurance of detecting abuse.
An audit of financial statements includes obtaining an understanding of the City and its environment,
including its internal control, sufficient to assess the risks of material misstatement of the financial
statements, and to design the nature, timing, and extent of further audit procedures. An audit is not
designed to provide assurance on internal control or to identify significant deficiencies or material
weaknesses. However,we will communicate to management and the board of directors any significant
deficiencies or material weaknesses that we become aware of during the course of the audit.
We will also communicate to the board (a) any fraud involving senior management and fraud (whether
caused by senior management or other employees)that causes a material misstatement of the financial
statements, (b) any illegal acts, violations of provisions of contracts or grant agreements, and abuse that
come to our attention (unless they are clearly inconsequential), (c) should any arise, any disagreements
with management and other serious difficulties encountered in performing the audit, and (d)various
matters related to the City's accounting policies and financial statements.
City of Miami Beach
Page 2
In addition to our report on the City's financial statements, we will also issue the following reports or types
of reports:
• Report on internal control related to the financial statements and major programs. These reports
will describe the scope of testing of internal control and the results of our tests of internal controls.
• Report on compliance with laws, regulations, and the provision of contracts or grant agreements.
We will report on any noncompliance which could have a material effect on the financial
statements.
• A report on the fairness of the presentation of the City's Schedule of Expenditures of Federal
Awards and State Financial, if applicable during the contract period.
• A schedule of findings and questioned costs.
• A Management Letter in Accordance with the Rules of the Auditor General of the State of Florida.
• A report on the financial condition of the City, in accordance with the rules of the Auditor General.
Our report on internal control will include any significant deficiencies and material weaknesses in controls
of which we become aware as a result of obtaining an understanding of internal control and performing
tests of internal control consistent with requirements of the standards and circulars identified above. Our
report on compliance will address material errors, fraud, abuse, violations of compliance requirements,
and other responsibilities imposed by state and federal statutes and regulations and assumed by
contracts; and any state or federal requirements we become aware, consistent with requirements of the
standards identified above.
The City's Responsibilities
Management is responsible for the financial statements, including the selection and application of
accounting policies, adjusting the financial statements to correct material misstatements, and for making
all financial records and related information available to us. Management is responsible for the
preparation of the schedule of federal awards and state financial assistance. Management is responsible
for providing us with a written management representation letter confirming certain representations made
during the course of our audit of the financial statements and affirming to us that it believes the effects of
any uncorrected misstatements aggregated by us during the current engagement and pertaining to the
latest period presented are immaterial, both individually and in the aggregate, to the financial statements
taken as a whole and to the opinion units of the financial statements.
Management is responsible for establishing and maintaining effective internal control over financial
reporting and internal control over compliance, including monitoring ongoing activities, and for informing
us of all significant deficiencies and material weaknesses in the design or operation of such controls of
which it has knowledge.
Management is responsible for identifying and ensuring that the City complies with the laws and
pp
regulations applicable to its activities, and for informing us about all known material violations of such
laws or regulations. In addition, management is responsible for the design and implementation of
programs and controls to prevent and detect fraud, and for informing us about all known or suspected
fraud affecting the City involving management, employees who have significant roles in internal control,
and others where the fraud could have a material effect on the financial statements. Management is also
responsible for informing us of its knowledge of any allegations of fraud or suspected fraud affecting the
City received in communications from employees, former employees, analysts, regulators, or others.
Management is also responsible for (a) making us aware of significant vendor relationships where the
vendor is responsible for program compliance, (b)following up and taking corrective action on audit
City of Miami Beach
Page 3
findings, including the preparation of a summary schedule of prior audit findings, and a corrective action
plan, and (c) report distribution including submitting the reporting package.
Management is responsible for the preparation of the required supplementary information (RSI), including
management's discussion and analysis (MD&A), and supplementary information, known as(SI) in
accordance with accounting principles generally accepted in the United States of America. Management
agrees to include the auditor's report on RSI and SI in any document that contains the RSI or SI and that
indicates that the auditor has reported on such RSI or SI. Management also agrees to present the SI with
the audited financial statements or, if it will not be presented with audited financial statements, to make
the audited financial statements readily available to the intended users of the SI no later than the date of
issuance of the SI and the auditor's report thereon.
The board is responsible for informing us of its views about the risks of fraud within the City, and its
knowledge of any fraud or suspected fraud affecting the City.
The City agrees that it will not associate us with any public or private securities offering without first
obtaining our consent. Therefore, the City agrees to contact us before it includes our reports or otherwise
makes reference to us, in any public or private securities offering. We may conclude that we are not
otherwise associated with the proposed offering and that our association with the proposed offering is not
necessary, providing the City agrees to clearly indicate that we are not associated with the contents of the
official statement or memorandum. The City agrees that the following disclosure will be prominently
displayed in the official statement or memorandum:
McGladrey LLP, our independent auditor, has not been engaged to perform, and has not
performed, since the date of its report included herein, any procedures on the financial statements
addressed in that report. McGladrey LLP also has not performed any procedures relating to this
official statement or memorandum.
Our association with an official statement or memorandum is a matter for which separate arrangements
will be necessary. The City agrees to provide us with printer's proofs or masters of such offering
documents for our review and approval before printing, and with a copy of the final reproduced material
for our approval before it is distributed. In the event our auditor/client relationship has been terminated
when the City seeks such consent, we will be under no obligation to grant such consent or approval.
Because McGladrey LLP will rely on the City and its management and board to discharge the forgoing
responsibilities, the City holds harmless and releases McGladrey LLP, its partners, and employees from
all claims, liabilities, losses, and costs arising in circumstances where there has been a knowing
misrepresentation by a member of the City's management that has caused, in any respect, McGladrey
LLP's breach of contract or negligence. This provision shall survive the termination of this arrangement
for services.
The City's Records and Assistance
If circumstances arise relating to the condition of your records, the availability of appropriate audit
evidence, or indications of a significant risk of material misstatement of the financial statements because
of error; fraudulent financial reporting, or misappropriation of assets which in our professional judgment
prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any
course of action permitted by professional standards, including declining to express an opinion or issue a
report, or withdrawal from the engagement.
During the course of our engagement, we may accumulate records containing data that should be
reflected in the City's books and records. The City will determine that all such data, if necessary, will be
City of Miami Beach
Page 4
so reflected. Accordingly, the City will not expect us to maintain copies of such records in our
possession.
The assistance to be supplied by the City's personnel, including the preparation of schedules and
analyses of accounts, will be discussed and coordinated with management prior to the start of our
fieldwork. The timely and accurate completion of this work is an essential condition to our completion of
the audit and issuance of our audit report.
From time to time and depending upon the circumstances, we may use third-party service providers to
assist us in providing professional services to you. In such circumstances, it may be necessary for us to
disclose confidential client information to them. We enter into confidentiality agreements with all third-
party service providers and we are satisfied that they have appropriate procedures in place to prevent the
unauthorized release of your confidential information to others. In addition, we may utilize financial
information you have provided to us in connection with this engagement for purposes of creating
benchmarking data to be used by McGladrey LLP professionals and other clients. This benchmarking
data is aggregated with data from a minimum of five other entities so that users of the data are unable to
associate the data with any single entity in the database.
Our professional standards require that we perform certain additional procedures, on current and
previous years' engagements, whenever a partner or professional employee leaves the firm and is
subsequently employed by or associated with a client. Accordingly, the City agrees it will compensate
McGladrey LLP for any additional costs incurred as a result of the City's employment of a partner or
professional employee of McGladrey LLP.
e are In the event w requested or authorized by the City or are required by government regulation,
q
subpoena, or other legal process to produce our documents or our pers onnel as witnesses with respect to
our engagements for the City, the City will, so long as we are not a party to the proceeding in which the
information is sought, reimburse us for our professional time and expenses, as well as the fees and
expenses of our counsel, incurred in responding to such requests.
The documentation for this engagement is the property of McGladrey LLP. However, you acknowledge
and grant your assent that representatives of the cognizant or oversight agency or their designee, other
government audit staffs, and the U.S. Government Accountability Office shall have access to the audit
documentation upon their request; and that we shall maintain the audit documentation for a period of
least three years after the date of the report, or for a longer period if we are requested to do so by the
cognizant or oversight agency. Access to requested documentation will be provided under the
supervision of McGladrey LLP audit personnel and at a location designated by our Firm.
You have informed us that you intend to prepare a comprehensive annual financial report(CAFR)and
submit it for evaluation by the Government Finance Officers Associations (GFOA) Certificate of
Achievement for Excellence in Financial Reporting Program. We will also read the material included in
the Introductory and Statistical Sections. You have also requested we assist you with the printing a
binding of the financial statements.
The two overarching principles of the independence standards of the Government Auditing Standards
issued by the Comptroller General of the United States provide that management is responsible for the
substantive outcomes of the works, and therefore, has a responsibility and is able to make any informed
judgment on the results of the services described above. Accordingly, the City agrees that Patricia
Walker or her designee will perform the following:
• Be accountable and responsible for overseeing preparation of the financial statements.
City of Miami Beach
Page 5
• Establish and monitor the performance of the preparation of the financial statements to ensure that
they meet management's objectives.
• Make any decisions that involve management functions related to the preparation of the financial
statements and accept full responsibility for such decisions.
• Will evaluate the adequacy of services performed and any findings that result.
In accordance with Government Auditing Standards, a copy of our most recent peer review report is
attached to this letter, for your information.
City of Miami Beach
Page 6
910 F..,St.Loum Street,SUItfi 7W
P.O.Box 1190
Spri^.tg.ie!d,Mil 6`_��151?,1190
BKOLL.
CPAS�e AdY1SOrS 41 7.8()5.8701 Fax 417,Fi65�0hN2 rrivw.bkd.mm
System Review Report
To the Partners of
McGladrey&Pullen,LLP
and the National Peer Review Committee
of the American Institute of Certified
Public Accountants Peer Review Board
We have reviewed the system of quality control for the accounting and auditing practice of McGladrey&
Pullen,LI.P(the firm)applicable to non-SEC issuers in.effect for the year ended April 30,2010. Our
peer review was conducted in accordance with the Standards for Performing and Reporting on Peer
Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants.
The firm is responsible for.designing a system of quality control and complying with it to provide the
firm with reasonable assurance of performing and reporting inconformity with applicable professional
standards in all material respects. Our responsibility is to express an opinion on the design of the system
of quality control and the firm's compliance therewith based on our review, The nature,objectives,
scope,limitations of and the procedures performed in a System Review are described in the standards at
www aicpa orJprsummary.
As required by the standards,engagements selected for review included engagements performed under
Government Auditing Standards,audits of employee benefit plans and audits performed under FDICIA.
In our opinion,the system of quality control for the.accounting and auditing practice of McGladrey&
Pullen,LLP applicable to non-SEC issures in effect for the year ended April 30,2010,has been suitably
designed and complied with to provide the firm with reasonable assurance of performing and reporting in
conformity with applicable professional standards in all material respects. Firms can receive a rating of
pass,pass with deficiency0es)or fail. M.cGladrey&Pullen,LLP has received a peer review rating of
pass.
1
December 2,2010
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