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C2A-Issue RFQ Audit Services For Resort Taxes And Other Internal AuditsCOMMISSION ITEM SUMMARY lntended Outcome Su Supporting Data (Surveys, Environmental Scan, etc.): N/A Condensed Title: REQUEST APPROVAL TO ISSUE REQUEST FOR QUALIFTCATTONS (RFO) 2015-043-YG FOR AUDIT SERVICES FOR RESORT TAXES AND OTHER INTERNAL AUDITS. Item Summary/Recommendation : BACKGROUND The City of Miami Beach charges a resort tax of on revenues generated by the sale of rooms and on revenues from food and beverages earned within the City. Businesses are required to register with the City to collect and remit taxes. The Audit Department conducts routine periodic audits of the businesses within the City required to pay resort taxes. ln addition, the City Administration may determine a need to audit a particular area whereby the lnternal Audit Division does not have the resources to audit at a particular time. ln the past, the Administration has sought outside assistance from qualified firms to accomplish these assignments. CITY MANAGER'S RECOMMENDATION To seek proposals and statements of qualifications from interested parties, the City Manager recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the issuance of RFQ 2015-043-YG, entitled Audit Services for Resort Taxes and Other lnternal Audits. Adviso Board Recommendation: Financial lnformation : Source orFunds:ltll @ 2 Total Financ-ial lmpact Summary: The annual cost of audit services is subject to funds availability aporoved throuqh the Citv's budoetinq process. n Deohrtment Director Assistant C iX illanaqer city Md raqer ^Dff .JW /<\,MT(L w rLM I [' T:\AG4(DA9014\Debembef17\Procurement\lTBD07[-195-LR Grounds Miantenanc" t(7".0 Athletic Fields - SUMMARY.doc AGENDA ITEM DATS N/A Clerk's Office islative Track Alex Denis, Director Ext # 6641 W MIAMIBTACH 21 g MIAMIBEACH City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov COMMISSION MEMORANDUM To: Mayor Philip Levine and Members FROM: Jimmy L. Morales, City Manager DATE: December 17,2014 SUBJECT: REQUEST APPROVAL TO ISSU the City QUEST FOR QUALIFICATIONS (RFO) 2015.043.YG FOR AUDIT SERVICES FOR RESORT TAXES AND OTHER INTERNAL AUDITS. ADMINISTRATION RECOMMEN DATION Approve the issuance of the RFQ BACKGROUND The City of Miami Beach charges a resort tax of on revenues generated by the sale of rooms and on revenues from food and beverages earned within the City. Businesses are required to register with the City to collect and remit taxes. The Audit Department conducts routine periodic audits of the businesses within the City required to pay resort taxes. ln addition, the City Administration may determine a need to audit a particular area whereby the lnternal Audit Division does not have the resources to audit at a particular time. ln the past, the Administration has sought outside assistance from qualified firms to accomplish these assignments. CITY MANAGER'S RECOMMEN DATION To seek proposals and statements of qualifications from interested parties, the City Manager recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the issuance of RFQ 2015-043-YG, entitled Audit Services for Resort Taxes and Other lnternalAudits. JLM/JWAD/JS T:\AGENDA90'14\December\Procurement\2015-043-YG lssuance forAudit Services - Memo.doc ission 22 REQUEST FOR QUAL|F|CAT|ONS (RFa) AUDIT SERVICES FOR RESORT TAXES AND OTHER INTERNAL AUDITS 20 r s-043-wc RFQ ISSUANCE DATE: PROPOSALS DUE: ISSUED BY: WILLIAM GARVISO, CPPB E A TAMTBEACH WILIIAM GARVISO, PROCUREMENT COORDINATOR PROC U REMENT DEPARTMENT 17OO Convention Center Drive, 3'd Floor, Miomi Beoch, FL 33,l 39 305.673.7OOO X6650 | www.miomibeochfl.gov 23 4 l,4lAi,,''TBEACH TABLE OF CONTENTS SOLICITATION SEGT!ONS: 0100 NoT uTrLrzED ......... O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS O3OO SUBMITTAL INSTRUCTIONS & FORMAT O4OO PROPOSAL EVALUATION APPENDICES: APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS APPENDIX B -NO PROPOSAL" FORM APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS APPENDIX D SPECIAL CONDITIONS APPENDIX E SAMPLE CONTRACT APPENDIX F INSURANCE REQUIREMENTS APPENDIX G SAMPLE AUDIT PROGRAMS FOR RESORT TAX AUDITS PAGE N/A RFa 2015-043-WG 24 &lvrilAlu' BEACH SECTION O2()O INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFO) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective Proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposalsubmifted. 2. PURPOSE. Through this Request for Qualifications, the City of Miami Beach is seeking proposals from interested qualified parties in order to establish a contract(s) for the provision of audits of resort taxes and other internal audits, on an as needed basis, lnterested parties shall submit proposals for resort tax audits and/or for other internal audits. lnterested parties may submit proposals for both categories; however, each category requires a separate and distinct proposal. The process for this RFQ shall be as follows:. Proposals are solicited pursuant to the RFQ.o Responses are evaluated in accordance with the criteria established herein.. The City Manager shall make an award recommendation to the City Commission which may include more than one (1) consultant recommended for each category.o The City Commission will make final approval of the selected consultant(s).. Any resulting Agreement will be based on the attached sample agreement. The City will negotiate final scope and pricing with selected consultant(s).. The City may declare an impasse at any time with any selected consultant with whom terms, scope of services or pricing cannot be mutually agreed upon. For the purpose of this RFQ, the term "Propose/' is intended to define a firm or individual submitting a proposal (statements of qualifications) to the City pursuant to this RFQ. A The tentative schedule for this solicitation is as follows: RFQ lssued Pre-Proposal Meeting Deadline for Receipt of Questions Responses Due Evaluation Committee Review Proposer Presentations Tentative Commission Approval Authorizing Negotiations RFA 20 r 5 043 WG 25 b "7'\iAi"'1i, BEACH Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: William Garviso Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado@miamibeachfl.qov ; or facsimile: 786-394-41 88. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE-PROPOSAL MEETING 0R SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-Proposalconference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach City Hall - 4ttt Floor City Manager's Large 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- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER:1142644 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone, 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. 7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index,aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception of communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Telephone: 305.673.7000 x6650 Email. williamgarviso@miamibeachfl .gov RFQ 2015-043-WG 26 b Procurement Contact named herein with a copy to the City Clerk at RafaelGranado@miamibeachfl.gov. 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject ordinances/resolutions, which may be found on the City Of Miami http ://web. miamibeachfl.qov/procu remenUscroll. aspx?id=235 1 0 . CONE 0F SILENCE.,...... PROTESTPROCEDURES,.........,....,..............,......,..,.,..,.........,.,., o DEBARMENT PROCEEDINGS o LOBBYIST REGISTMTION AND DISCLOSURE OF FEES.... o CAMPAIGN CONTRIBUTIONS BY VENDORS o CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENTISSUES.,........ CITYCODESECTION24SS e REQUIREMENT FOR CITY CONTMCTORS T0 PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2.373 o LIVING WAGE REQUIREMENT... . CITY CODE SECTIONS 2407 THROUGH2-410r tOCAt PREFERENCE FORMIAMI BEACH BASEIVENDORS,,,,,,, , elTY GODE SECTION 2 372 o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE. DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2.374. FALSE CLAIMS 0RD|NANCE,.,. CITY CODE SECTION 70-300r ACCEPTANCE 0F GIFTS, FAVORS & SERVICES ... CITY CODE SECTION 2449 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards, Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2- 371 shall be barred. 11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuantto Cityof Miami Beach Ordinance No.2011- 3748, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, 12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s) he/she deems to be in the best interest of the City or may recommend relection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference, (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer, (a) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may 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 relect all Proposals. Upon approval of to the Beach following website: CITY CODE SECTION 2486 CITY CODE SECTION 2.371 CITY CODE SECTIONS 2-397 THROUGH 2.485.3 CITY CODE SECTIONS 2481 THROUGH 2.406 CITY CODE SECTION 2487 RIQ 2U I5.U43.WG 27 b r,,riIA,,n",0,I BEACH selection by the City Commission, negotiations between the City and the selected Propose(s) will take place to arrive at a mutually acceptable Agreement. The City may award multiple vendors for each category (Resort Tax Audits or lnternal Audits). 13. ACCEPTANCE OR REJECTION OF PROPOSALS, The City reserves the right to reject any or all proposals prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one- hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening. 14. 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. lgnorance of such conditions and 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. 15. 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. 16. RELATIONSHIP TO THE CITY. lt 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. 17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 18. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be consistent with Purchase Order format. 20. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. lf the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, KTU ZU IJ.U4J.VVU 28 b MIAI.AiBEACH experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 23. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 24. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the Propose/s facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposers to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplied to the City. 25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenrvise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 26. LAWS. PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 27. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. RI-O 20 I5-O43.WG 29 b l'',4,iA,i"nri BEACH 28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental conlract, or on an as-needed basis through the City's spot market purchase provisions. 29. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Propose/s proposal in response to the solicitation. 30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subconhactors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 calendar days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 calendar days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 32. 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 underSection 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) calendar days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as othenrrrise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 33. MODIFICATIONMITHDRAWALS 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 KI-Q 2U I5.U43-WG 30 b 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, 34. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, 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. ln 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 RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFO). 35. 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 to improperly influence him/her in the discharge of his official duties. RI-Q 20 I5-O43-WG 31 g t',,'"ti A,l'/tl BEACH SECTION O3()() PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1, SEALED RESPONSES.One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1)electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address, Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. Proposals are to be delivered to City of Miami Beach Procurement Department, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or othenruise. 3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittals should be tabbed as enumerated below and contains a table of contents with page references, Electronic copies should also be tabbed and contain a table of contents with page references. Proposals that do not include the required information will be deemed non- responsive and will not be considered. Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). Cover Letter & Minimum Qualifications 1.1 Cover Lefter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. Additionally, the Cover Letter must state which category of audit (resort tax audit or internal audits) the proposal is intended. Those Proposers wishing to submit proposals for both categories must submit two proposals - one for each category. 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum irements established in Appendix C, Minimum Requirements and Soecificati nce & Qualifications 2.1 Qualifications of Proposer. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience, the following is required: prolect description, agency name, agency contact, contact telephone & email, and yea(s) and term of engagement. lf the proposer is an individual, rather than a firm, the same information is to be provided. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each team member to be assioned to this contract. RFQ 20r5043-WG t0 32 g t,'''il\,nlnllBEACH SECTION ()4OO PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be fonrrrarded to the City Manager who will utilize the results to make a recommendation to the City Commission. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:o review and score all proposals received, with or without conducting interview sessions; or. review all proposals received and short-list one or more Proposers to be further considered during subsequent interview session(s) (using the same criteria). Proposals shall be evaluated in accordance with the following evaluation criteria (in no particular order or weight):. Qualifications of the proposing firm. Similar project experienceo References. Team member qualifications o Financial capacityo Litigation History o or Other Factors or lnformation under this RFQ 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Veterans Preference RFQ 20 I 5 043 WG il 33 4 l"riiAMiBEACH 5. Determination of Fina! Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. Commiftee Member 1 Step 1 Points 82 76 80 Step 2 Points 22 15 12 Total 104 91 92 Rank 1 3 2 Committee Member 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Total 101 100 84 Rank 1 2 3 Committee Member 2 Step 1 Points 80 74 bb Step 2 Points 22 15 12 Total 102 89 78 Rank ,|2 3 KI-Q 20 I5-U43.WG 34 APPENDIX A g MIAMIBEACH Proposo I Certificotion, auestionnoire & Req uirements Affid ovit 2015-043-WG AUDITS OF RESORT TAXES AND OTHER INTERNAL AUDITS AS NEEDED PROCU REMENT DEPARTMENT.l700 Convention Center Drive Miomi Beoch, Florido 33139 35 Solicitation No: 2015-043-WG Solicitation Title: AUDITS OF RESORT NEEDED TAXES AND OTHER INTERNAL AUDITS AS Procurement Contact: William Garviso Tel: 305.673.7000 x 660 Email: will iamoarvisotO miamibeachfl .oov PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. General Proposer lnformation. PROPOSER NAME: No of Years in Business:No ofYears in Business Locally: I No. of Employees: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST ,IO YEARS: PROPOSER PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE:ZIP CODE: IELEPHONE NO.: TOLL FREE NO.: FAX NO,: FIRM LOCAL ADDRESS: CITY: STATE:ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: 36 4. Veteran Owned Business. ls Proposer claiming a veteran owned business status?[--l vrs [--l ruo SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748. Conflict Of lnterest. 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. SUBMITTAL REQUIREMENT: Proposers must disclose 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. Proposers must also 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 References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Nanative on Scope of Services Provided. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s) in the last five years. lf an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. lf no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. lf "No" litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this project. SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any proposer team member firm, in the past 5 years. lf Proposer has no litigation history or regulatory action in the past 5 years, submit a statement accordingly. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? l-_-l vrs f--l r'ro SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 37 o.Vendor Campaign Contributions. 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. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub- consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, 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 proposal/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. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procuremenU. time te time; Prepesers shall be required te pay all empleyees whe previde serviees pursuant te this Agreement theSeud iving wage rates listed belew;. The eity's eurrent living wage rate is $12,9?heurly witheut health benefits er $11,28/heurly with health benefits, Hewever' The eity Cemmissien appreved Ordinanee witheut health benefits er $11,6?heurly with health benefits with a+effeetive date ef lanua++Jg++ The living wage rate and health eare benefits rate may, by Reselutien ef the eity eemmissien be indexed iving pa*ieuta++ear)" whieh the City may; at its sele eptien; immediatel.'deem said Prepeser as nen respensive, and may further @ SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 7 8. 38 Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contracto/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. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? [-_-] ves l--l uo B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees?[_-l ves [--l uo 39 10. C. Please check all benefits that apply to your answers above and list in the "othe/' 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 Firm Provides for Employees with Soouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., 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 and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl .gov/procuremenU. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287 .133, Florida Statutes, and certifies it has not been placed on convicted vendor list. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e- procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. lnitial to Confirm Receiot lnitial to Confirm Receinl lnitial to Confirm Receinl Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum'10 Addendum 15 lf additional confirmation of addendum is required, submit under separate cover 11 40 The solicitation referenced herein 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 solicitation, 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 solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or 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. lt 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 solicitation. 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 solicitation 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 solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Drsclaimer, 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 solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice, lnformation 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 definltive 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 solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. fhe 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 proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the 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 solicitation. 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 Proposalis true, accurate and complete, to the bestof its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the solicitation, 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 solicitation, 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 41 ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 42 I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is parl of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Propose/s Authorized Representative:Title of Proposeds Autlronzed Representative: Signature of Propose/s Authorized Representative:Date: State of On this _day of _, 20_, personally appeared before me who County of _) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: 43 APPENDIX B MIAMIBEACH "No Bid" Form 2015-043-WG AUDITS OF RESORT TAXES AND OTHER INTERNAL AUDITS AS NEEDED PROCUREMENT DEPARTMENT.l700 Convention Center Drive Miomi Beoch, Florido 33.l39 44 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _ Workload does not allow us to proposal _lnsufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this producUservice _OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCU REMENT DEPARTMENT ATTN: William Garviso RFQ PROPOSAL #201 5-043-WG 1700 Convention Center Drive MIAMI BEACH, FL 33139 45 APPENDIX C g MIAMIBEACH Minimum Requirements & Specificotions 2015-043-WG AUDITS OF RESORT TAXES AND OTHER INTERNAL AUDITS AS NEEDED PROCUREMENT DEPARTMENT.l700 Convention Center Drive Miomi Beoch, Florido 33139 46 C1. RESORT TAX AUDITS - MINIMUM REQUIREMENTS AND PROJECT SPECIFICATIONS. C1.1 Minimum Requirements for Resort Tax Audits. The Minimum Eligibility Requirements for this category are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. A. Proposer must be registered to do business within the State of Florida for a period of not less than one (1) prior to the due date for receipt of proposals. B. For audits of resort tax businesses, the respondent must have at least three (3) years of experience in audits of revenues for hotels, restaurants, nightclubs and apartment buildings. For each experience proposer must submit as evidence: contact name, telephone number, email and yea(s) of experience for verification purposes. C. Proposer must maintain a permanent office within Miami-Dade, Broward or Palm Beach County upon award of contract, documented through a Business Tax Receipt, Occupational License or its equivalent, C1.2 - Project Specifications for Resort Tax Audits. Audits are to be performed on businesses registered with the City for collecting resort taxes. The scope of the work consists of examining the taxpayer's accounting records, such as general ledgers, cash receipts journals, sales journals, and other records as may be maintained by the taxpayer; comparison of reported taxable sales with other reports such as Florida sales tax reports, and the preparation of schedules and analyses of work to determine compliance with the City Code relating to the collection and payment, All taxpayers' records which are subject to, determined to be, or administered by the Resort Tax codes are examined. Detailed testing is performed on a sample basis. Contractor is to follow the City's lnternal Audit programs for auditing resort tax businesses. There are separate programs for the annual filing and the monthly filing accounts. Revenues reported in monthly filing accounts may vary by containing revenues from rooms, food and or alcohol. City forms and audit programs are attached as exhibits and will be provided in electronic format. Also included in the work to be performed is the initial contact with the business and the performance of an audit which results in the issuance of a resolution letter stating the results of the audit. Each audit is completed by the submission of work papers and a resolution letter to the lnternal Auditor for final review and approval. The lntemal Audit Department will assign these audits, Audit period for each audit assignment is three years. lt is anticipated that the total number of audits assigned to the contractors will be about 70 audits per year. 47 C2. INTERNAL AUDITS - MINIMUM REQUIREMENTS AND PROJECT SPECIFICATIONS. C2.1 - Minimum Requirements for lnternal Audits. The Minimum Eligibility Requirements for this category are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. A. Proposer must be registered to do business within the State of Florida for a period of not less than one (1) prior to the due date for receipt of proposals. B, For internal audits, the respondent must have three (3) years of experience providing accounting and auditing services to local governments and/or other public sector agencies agencies. For each experience proposer must submit as evidence: contact name, contact telephone number, contact email and yea(s) of experience for verification purposes. C. Proposer must be a member of the American lnstitute of Certified Public Accountants and the Florida lnstitute of Certified Public Accountants. D. Proposer must maintain a permanent office within Miami-Dade, Broward or Palm Beach County upon award of contract, documented through a Business Tax Receipt, Occupational License or its equivalent. C2.2 - Project Specifications for Internal Audits. The scope of the work for internal audits will be contingent to the type of audit requested. Types of audits which maybe requested will comprise of Financial Audits, Attestation Engagements (includes examinations, review or agreed upon procedures), and Performance Audits, Audit work should be performed in accordance to governmental auditing standards. ln addition, Forensic Audits may be requested. Contractor is to develop audit programs for the scope of work provided. Audit findings are to be presented to the City Administration. Prior to authorizing work on an internal audit, the successful proposers will be required to submit a price proposal based on the number of hours estimated to complete the work and a price per hour that is less than or equal to the per hour proposal price. The City shall, at its sole option, determine whether to proceed with the scope of work. Each audit is completed by the submission a final report accepted by the City. 48 APPENDIX D b :MIAMIBEACH Speciol Conditions 2015-043-WG AUDITS OF RESORT TAXES AND OTHER INTERNAL AUDITS AS NEEDED PROCU REMENT DEPARTMENT,l700 Convention Center Drive Miomi Beoch, Florido 33.l39 49 1. INDEPENDENCE OF AUDITORS. All parties must be independent of the City as defined by generally accepted auditing standards and Government Auditing Standards. 2. TERM OF CONTRACT. The contract shall commence upon the date of notice of award and shall be effective for two (2) years. 3, OPTION TO RENEW. The City, through its City Manager, will have the option to extend for three (3) additional one-year periods subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 5. FAILURE TO PERFORM. Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in default of the contract or make appropriate reductions in the contract payment. 6. ADDITIONAL SERVICES. Services not specifically identified in this request may be added to any resultant contract upon successful negotiations (including fees) and mutual consent of the contracting parties. The Purchase Order shall act as the contract amendment authorizing the additional services. 7. RECORDS. During the contract period, and for at least five (5) subsequent years thereafter, Successful Proposer shall provide the City access to all files and records maintained on the City's behalf. 50 APPENDIX E MIAAAIBEACH Somple Agreement 2015-043-WG AUDITS OF RESORT TAXES AND OTHER INTERNAL AUDITS AS NEEDED PROCUREMENT DIVISION.l700 Convention Center Drive Miomi Beoch, Florido 33139 51 APPENDIX E PROPOSAL TENDER FORM PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND IFILL rN CONSULTANT NAMEI FOR lxxxxxxxxxxxxxxxxl, PU RSUANT To [F|LL tN RFQ, RFQ, OR tTB#l This Professional Services Agreement ("Agreement") is entered into this XXXXXX day of XXXXXXXXXXXX, 2010, between the CITY OF MIAM! BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,33139 ("City"), and [FILL lN CONSULTANT NAMEI, a [FILL lN TYPE OF ENTITY/|.E. CORPORATION, LLC, ETC.], whose ad d ress i s XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ( Co n s u lta n t ). SECTION 1 DEFINITIONS Agreement: City Manager: Consultant: Services: Fee: This Agreement between the City and Consultant, including any exhibits and amendments thereto. The chief administrative officer of the City. For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach [FILL lN RFQ, RFQ, OR ITBI No. [W for IffiXXXXXXXXI, together with all amendments thereto, issued by the City in contemplation of this Agreement [FILL lN CORRECT ABBREVIATION RFQ, RFQ, OR !TB], and the Consultant's proposal in response thereto (Proposal), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the [FILL lN RFQ, RFQ, or ITB]; and the Proposal. The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext. 6435: and fax number (305) 673-7023. Risk Manager: 52 SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 ln consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A" hereto (the Services). [NOTE: EXHIBIT "A" MUST INCLUDE DETAILED DESCRIPTION OF SERVICES] 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit IXXX] hereto. [NOTE: TIMELINE FOR DELIVERABLES CAN ALSO BE INCLUDED !N EXHIBIT "A" OR lN SEPARATE EXHIBIT] SECTION 3 TERM The term of this Agreement (Term) shall commence upon execution of this Agreement by all parties hereto, and shall have an initial term of tX[0fi)fi)fiXXXl, with IXXXXXXXXXXI renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit IXXXI hereto. SECTION 4 FEE 4.1 ln consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of $XXXXXXXX. 4.2 [NOTE: INCLUDE AMOUNT FOR REIMBURSABLES, lF ANYI. 4.3 [NOTE: INCLUDE HOW FEE lS TO BE PAID - !.E. "X" PERCENTAGE UP FRONT; "X" UPON DELIVERY; MONTHLY; LUMP SUM; ETC.I. 4.4 lNVOtCtNG Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). lnvoices shall include a detailed description of the Services (or portions thereof) provided, and 53 5.1 shall be submitted to the City at the following address: SECTION 5 TERMINATION TERMINATION FOR CAUSE lf the Consultant shall fail to fulfill in a timely manner, or othenvise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. lf such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH lTS CITY MANAGER, AND FOR lTS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; wHlcH SHALL BECOME EFFECTIVE WTTHTN THTRTY (30) DAYS FOLLOWTNG RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT !S TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. ln such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. 5.2 5.3 54 SECTION 6 INDEMNIFICATION AND INSURANCE REQU!REMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys'fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS [NOTE: INSURANCE TYPES AND LIMITS BELOW sHouLD ALWAYS BE SAME AS WHAT WAS SpECtFtCED tN BtD DOCUMENTSI The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of $1,000,000; 2. Consultant Professional Liability, in the amount of $200,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class Vl" as to strength by the latest edition of Best's lnsurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. 55 The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION J U RISDIGTIONA/EN U E/J U RY TRIAL WAIVE R This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 lr NTENTTONALLY DELETEDI SECTION 1O GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS 56 Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM - sPM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manger may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [NTENTTONALLYDELETETD] 10.3 ASSIGNMENT. TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY ln connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital and familial status, or age. 10.6 CONFLICT OF INTEREST The Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of lnterest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. 10.7 TRAVEL No travel expenses will be allowable for the routine provision of resort tax or internal audits. ln the event that the City assigns a project to a Consultant that requires travel, all travel in connection with this Agreement must be pre-approved by the City. All travel expenses will be reimbursed in accordance with the requirements of Section 112.061, Florida Statutes. 57 SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT:IFrLL !NI TO CIW:IFrLL rNI Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. ln the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would othenrvise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 MISCELLANEOUS PROVISIONS 12,1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY lf any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 58 12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of "Contractor'' as defined in Section 119.0701(1 Xa), the Consultant shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as othenruise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Consultant's failure to comply with the public records disclosure requirement set forth in Section 1 19.0701 of the Florida Statutes shall be a breach of this Agreement. ln the event the Consultant does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 59 !N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: CITY OF MIAMI BEACH, FLORIDA By: City Clerk Mayor FOR CONSULTANT: ATTEST: ITNSERT NAMEI By: Secretary President Print Name Print Name / Title 60 APPEN DIX F AAIAMIBEACH lnsuro nce Requirements 2015-043-WG AUDITS OF RESORT TAXES AND OTHER INTERNAL AUDITS AS NEEDED PROCUREMENT DIVISION 1700 Convention Center Drive Miomi Beoch, Florido 33.l39 61 b :MIAAAIBTACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employe/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 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Conkactual Liability. Contractual Liability and Contractual lndemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications), XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. -4'ExcessLiability-$-,00peroccurrencetofollowtheprimarycoVerages.XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. _ 6. Other lnsurance as indicated: _ Builders Risk completed value $_,00_ Liquor Liability $_.00_ Fire Legal Liability $_.00 - Protection and lndemnity $-.oo_ Employee Dishonesty Bond $_.00_ Other $_.00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:Vl or better, latest edition, XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. 62 APPEND XG MIAM BEACH Somple Audit Progroms for Resort Tox Audits 2015-043-WG AUDITS OF RESORT TAXES AND OTHER INTERNAL AUDITS AS NEEDED PROCUREMENT DIVISION lZ00 Convention Center Drive Miomi Beoch. Florido 33,l39 63 CITY OF MIAM! BEACH RESORT TAX AUDIT PROGRAM ANNUAL ACCOUNTS - APARTMENTS PRELIMINARY WORK NOTIFICATION LETTER: PRE-AUDIT INTERVIEW: AUDIT INTERVIEW QUESTIONNAIRE Business Name: Date: TotalAvailable Rooms: How many floors? What kind of rentals do your exemptions represent? PRE.AUDIT INTERVIEW DATE INTIALS 1 Tour oremises notino lavout 2 Visually inspect the premises for the following: a. Document any revenue control procedures and equipment. 3 Determine the following with the owner/contact: a. Current ownership b. Current officers c. Above information aqrees with information on file. 4 Review what records are maintained to support Resort Tax Returns with owner/contact. 5 Review Audit Questionnaire with owner/contact. 64 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM ANNUAL ACCOUNTS - APARTMENTS REQUEST FOR RECORDS GENERAL PROCEDURES DATE REQUESTED DATE RECEIVED 1 SOURCE DOCUMENTS a. Hotels, Apartment Houses, Etc. i. Guest Cards/Folios ii. Receipt Register iii. Rent Rolls iv. Signed Lease v. Other (Specify) 2 ACCOUNTING RECORDS a. Hotels, Apartment Houses, Etc. i. Sales Journals ii. TranscripURevenue Report iii General Ledqer 3 GENERAL ITEMS a. Federal lncome Tax Returns b. State Sales Tax Returns c. County Tax Returns d. Exemption Documentation e. Financial Statements f. Bank Statements DATE INITIALS 1 Examine the Exemptions taken and determine their validity. a. Prepare and see related schedule(s). 2 Examine Rental lncome Records to determine taxable rentals if any. a. Trace to Resort Tax Return. b. Preoare and see related schedule(s). 65 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM ANNUAL ACCOUNTS - APARTMENTS POST AUDIT PROCEDURES DATE INITIALS 1 Discuss audit findinos (if anv) with owner/contact. 2 Review late charge fees or other memos owed by taxpaver. 3 Prepare a short narrative, summarizing audit including level of cooperation of owner/contact and qeneral overview. 4 Sign off on audit program, complete all documentation and schedules, and turn into Asst. lnternal Auditor/ lnternal Auditor for final review. 5 Final review of audit performed by Asst. lnternal Auditor/lnternal Auditor. 66 Business Name: Date: CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS - HOTELS - ROOMS ONLY AUDIT INTERVIEW QUESTIONNAIRE ROOMS OPERATIONS What is the name of the front desk software?: What kind of rentals do your exemptions represent? How does your system work? 1 Check-ln Time: Check-Out Time: How many floors? Total available rooms: 2. 3. 4. 5. 67 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS - HOTELS - ROOMS ONLY PRE-AUDIT INTERVIEW (NOTE: To be performed at least two (2) weeks prior to audit commencement date). REQUEST FOR RECORDS DATE INTIALS 1 Tour premises with owner/contact notinq layout 2 Visually inspect the premises and document any revenue control procedures and equipment. 3 Determine the following with the owner/contact: a. Current ownership b. Current officers c. Above information agrees with information on file with Resort Tax Section. 4 Review what records are maintained to support Resort Tax Returns with owner/contact. 5 Review Audit Questionnaire with owner/contact. DATE REOUESTED DATE RECEIVED 1 SOURCE DOCUMENTS a. Hotels, Rooms, Etc.i. Guest Cards/Folios ii. Receipt Register iii. Night Audit report iiii. Other (Soecifv) 2 ACCOUNTING RECORDS a. Hotels, Rooms, Etc. i. Sales Journals ii. TranscripURevenue Report iii. General Ledqer 3 GENERAL ITEMS a. Federal lncome Tax Returns b. State Sales Tax Returns c. County Tax Returns d. Exemption Documentation e. Financial Statements f. Bank Statements 68 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS - HOTELS - ROOMS ONLY GENERAL PROCEDURES REVENUE PROCEDURES DATE INITIALS 1 Examine Federal lncome Tax Returns/lncome Statements a. Compare sales with totals reported on Resort Tax Returns. Reconcile, if necessary. b. Preoare and see related schedule(s). 2 Examine State Sales Tax Returns a. Compare sales with total reported on Resort Tax Returns. Reconcile, if necessary. b. Prepare and see related schedule(s) 3 Examine County Tax returns a. Compare sales with total reported on Resort Tax Returns, Reconcile, if necessary. b. Prepare and see related schedules(s) 4 Examine Sales Tax Worksheets a. Compare sales with totals reported on the Resort Tax Returns. b. Prepare and see related schedule(s). 5 Compare sales totalfrom above return with the General Ledger totals. a. Preoare and see related schedule(s) SALES:DATE INITIALS 1 Examine Revenue Source Document (Rooms, etc) a. Trace sales to daily/weekly/monthly reports. b. Preoare and see related schedules. 2 Examine a sample of daily revenue reports. a. Trace to the month end reports. b. Compare to the Monthly lncome statement./Resort Tax Returns. c. Prepare and see related schedules. 3 Examine General Ledger (sales, purchases, and tax payable) a. Trace to Financial Statements/Resort Tax Returns. b. Preoare and see related schedules. 4 lf the hotel uses bank statements for reporting purposes: a. Compare bank deposits statements to the resort tax returns. b. Prepare and see related schedules. 69 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS - HOTELS - ROOMS ONLY POST AUDIT PROCEDURES 5 Review selected exemptions documents for proper siqnature and oroorietv of exemotion taken. 6 Document work performed, including an explanation of any alternate/additional audit procedures performed, explanations of unreasonable variances and conclusions made as to reasonableness of reported sales. DATE INITIALS I Discuss audit findinqs (if any) with owner/contact. 2 Prepare a short narrative, summarizing audit including level of cooperation of owner/contact and general overview. 3 Sign off on audit program, complete all documentation and schedules, and turn into Asst. lnternal Auditor / lnternal Auditor for final review. 4 Final review of audit performed by Asst. lnternal Auditor / lnternal Auditor. 70 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS - HOTELS WITH FOOD AND BEVERAGE AUDIT INTERVIEW QUESTIONNAIRE FOOD & ALCOHOL OPERATIONS Business Name: Date: What are the food and beverage outlets operated by the hotel? What are the food and beverage outlets NOT operated by the hotel? Note: these operators must be registered with Resort Tax; you must follow up. What are your business hours and days of operation? What is the seating/occupancy capacity? Do you provide complimentary employee meals? Do you provide discounted employee meals? lf yes, % of discou How many cash registers/POS Terminal are there? What system do you use? Are they interfaced with the hotel? What internal daily record do you keep? Guest Checks Register Tapes POS Report (daily/monthly)_ Do you have promotional/complimentary ("house") charges: Yes ( )No( ) lf yes, approximately what % of total sales is this? How does your system work? 1 2. 3. 4. 71 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS - HOTELS WITH FOOD AND BEVERAGE AUDIT INTERVIEW QUESTIONNAIRE ROOMS OPERATIONS Business Name: Date: Check-ln Time: Check-Out Time: How many floors? Total available rooms: What is the name of the front desk software?: What kind of rentals do your exemptions represent? How does your system work? 1 2. 3. 4. 5. 72 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS - HOTELS WITH FOOD AND BEVERAGE PRE-AUDIT INTERVIEW (NOTE: To be performed at least two (2) weeks prior to audit commencement date). REQUEST FOR RECORDS DATE INTIALS 1 Tour premises with owner/contact notino lavout 2 Visually inspect the premises and document any revenue control procedures and eouipment. 3 Determine the following with the owner/contact: a. Current ownership b. Current officers c. Above information agrees with information on file with Resort Tax Section. 4 Review what records are maintained to support Resort Tax Returns with owner/contact. 5 Review Audit Questionnaire with owner/contact. DATE REQUESTED DATE RECEIVED 1 SOURCE DOCUMENTS a. Hotels, Rooms, Etc.i. Guest Cards/Foliosii. Receipt Register iii. Night Audit report iiii. Other (Specifv) 2 b. Restaurants & Barsi. Daily Sales Ticketsii. Cash Register Tapesiii. DailyMeeklySummariesiv. Purchase Records/lnvoices v. Other (Soecifv) 73 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS - HOTELS WITH FOOD AND BEVERAGE GENERAL PROCEDURES DATE REQUESTED DATE RECEIVED 2 ACCOUNTING RECORDS a. Hotels, Rooms, Etc.i. Sales Journalsii. TranscripURevenueReport iii. General Ledqer b. Restaurants & Barsi. Sales Journalii. Purchases Journal iii. General Ledqer 3 GENERAL ITEMS a. Federal lncome Tax Returns b. State Sales Tax Returns c. County Tax Returns d. Exemption Documentation e. Financial Statementsf. Bank Statements DATE INITIALS 1 Examine Federal lncome Tax Returns/lncome Statements a. Compare sales with totals reported on Resort Tax Returns. Reconcile, if necessary. b. Prepare and see related schedule(s). 2 Examine State Sales Tax Returns a. Compare sales with total reported on Resort Tax Returns. Reconcile, if necessary. b. Prepare and see related schedule(s) 3 Examine County Tax returns a. Compare sales with total reported on Resort Tax Returns, Reconcile, if necessary. b. Prepare and see related schedules(s) 4 Examine Sales Tax Worksheets a. Compare sales with totals reported on the Resort Tax Returns. b. Prepare and see related schedule(s). 5 Compare sales totalfrom above return with the General Ledger totals. a. Prepare and see related schedule(s) 74 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS - HOTELS WITH FOOD AND BEVERAGE REVENUE PROCEDURES SALES:DATE INITIALS 1 Examine Revenue Source Document (Rooms, Food, Alcohol) a. Trace sales to daily/weekly/monthly reports. b. Prepare and see related schedules. 2 Examine a sample of daily revenue reports. a. Trace to the month end reports. b. Compare to the Monthly lncome statement./Resort Tax Retu rns. c. Prepare and see related schedules. 3 Examine General Ledger (sales, purchases, and tax payable) a. Trace to Financial Statements/Resort Tax Returns. b. Prepare and see related schedules. 4 lf the hotel uses bank statements for reporting purposes: a. Compare bank deposits statements to the resort tax returns. b. Preoare and see related schedules. 5 Review selected exemptions documents for proper siqnature and proprietv of exemotion taken. 6 Document work performed, including an explanation of any alternate/add itional aud it proced ures performed, explanations of unreasonable variances and conclusions made as to reasonableness of reported sales. PURCHASES:DATE INITIALS 1 Calculate/review food and beverage costs for a selected period and compare to industry/market averages. a. Prepare and see related schedules(s) 75 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS - HOTELS WITH FOOD AND BEVERAGE POST AUDIT PROCEDURES DATE INITIALS 1 Discuss audit findinqs (if anv) with owner/contact. 2 Prepare a short narrative, summarizing audit including level of cooperation of owner/contact and general overview. 3 Sign off on audit program, complete all documentation and schedules, and turn into Asst. lnternal Auditor / lnternal Auditor for final review. 4 Final review of audit performed by Asst. lnternal Auditor / lnternal Auditor. 76 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS . RESTAURANTS AND BARS PRELIMINARY WORK NOTIFICATION LETTER: PRE-AUDIT INTERVIEW: AUDIT INTERVIEW QUESTIONNAIRE FOOD & ALCOHOL OPERATIONS Business Name: Date: What are your business hours and days of operation? What is the seating/occupancy capacity? How many employees are there? Do you provide complimentary employee meals? Do you provide discounted employee meals? lf yes, % of discount: How many cash registers/ POS Terminals are there? What system do you use? What internal daily records do you keep? Guest Checks Register Tapes POS Re port_(d atlv a nSl_month lV) Do you have promotional/complimentary ("house") charges: Yes ( ) No ( ) lf yes, approximately what % of total sales is this? How does your system work? 1 2. 3. 4. 77 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS . RESTAURANTS AND BARS PRE-AUDIT INTERVIEW (NOTE: To be performed at least two (2) weeks prior to audit commencement date). REQUEST FOR RECORDS DATE INTIALS 1 Tour premises with owner/contact notinq lavout. 2 Visually inspect the premises and: a. document any revenue control procedures and eouioment. 3 Determine the following with the owner/contact: a. Current ownership b. Current officers c. Above information agrees with information on file with the Resort Tax Section 4 Review what records are maintained to support Resort Tax Returns with owner/contact. 5 Review Audit Questionnaire with owner/contact. DATE REQUESTED DATE RECEIVED 1 SOURCE DOCUMENTS a. Restaurants & Barsi. Daily Sales Tickets ii. Cash Register Tapes iii. Daily POS Reports iv. DailyMeekly Summaries v. Purchase Records/lnvoices iiii. Other (Soecifv) 2 ACCOUNTING RECORDS a. Restaurants & Bars i. Sales Journal ii. Purchases Journal iii. General Ledqer 3 GENERAL ITEMS a. b. c. d. e. Federal lncome Tax Returns State Sales Tax Return Exemption Documentation Financial Statements Bank Statements 78 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS . RESTAURANTS AND BARS GENERAL PROCEDURES DATE INITIALS 1 Examine Federal lncome Tax Returns /lncome Statements. a. Compare sales with total reported on Resort Tax Returns. Reconcile, if necessary. b. Prepare and see related schedule(s). 2 Examine State Sales Tax Returns a. Compare sales with total reported on Resort Tax Returns. Reconcile, if necessary. b. Preoare and see related schedule(s). 3 Examine lncome Statements a. Compare sales with totals reported on the Resort Tax Returns. b. Compute the cost of sales ratio and determine its reasonableness within industry standards. c. Prepare and see related schedule(s). 79 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS . RESTAURANTS AND BARS REVENUE PROCEDURES SALES:DATE INITIALS 1 Examine a sample of monthly sales from the Revenue Source Document. a. Trace sales to daily/weekly/monthly reports. b. Trace sales to State Sales Tax Returns. c. Prepare and see related schedules 2 Select a sample of guest checks/sales tickets and trace to the sales journal/revenue reports to verify propriety of the accounting records. (lf possible obtain coov of quest checks for audit work papers). 3 lf the business uses bank statements for reporting purposes: a. Compare bank deposits statements to the resort tax returns. b. Preoare and see related schedules 4 Document work performed, including an explanation of any alternate/additional audit procedures performed, explanations of unreasonable variances and conclusions made as to reasonableness of reported sales. PURCHASES:DATE INITIALS 1 Calculate/review food and beverage costs for a selected period and compare to industry/market averages. a. Prepare and see related schedules. 80 CITY OF MIAMI BEACH RESORT TAX AUDIT PROGRAM MONTHLY ACCOUNTS . RESTAURANTS AND BARS POST AUDIT PROCEDURES DATE INITIALS 1 Discuss audit findinqs (if anv) with owner/contact. 2 Prepare a short narrative, summarizing audit including level of cooperation of owner/contact and general overview. 3 Sign off on audit program, complete all documentation and schedules, and turn into Asst. lnternal Auditor / lnternal Auditor for final review. 4 Final review of audit performed by Asst. lnternal Auditor / lnternal Auditor. 81 THIS PAGE INTENTIONALLY LEFT BLANK 82