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99-23289 RESO RESOLUTION NO. 99-23289 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE PROVISION OF AUDITING RESORT AND TELECOMMUNICATION UTILITY TAXES, FOR A ONE- YEAR PERIOD, AND TO EXTEND THE EXISTING CONTRACTS WITH BEVERLY YOUNG AND THE BOOKKEEPERS, ON A MONTH- TO-MONTH BASIS UNTIL A NEW CONTRACT IS EXECUTED. WHEREAS, on September 23,1998, the Mayor and City Commission approved Professional Services Agreements with Beverly Young and the Bookkeepers, respectively, to audit the resort and telecommunication utilities taxes (the Agreements); and WHEREAS, the Agreements will expire on September 30, 1999; and WHEREAS, the Administration has drafted a Request for Proposals (RFP) for providing the said services and set a tentative date of October 15, 1999, as the deadline for receipt of proposals; and WHEREAS, in the interim, pending the completion of the RFP process and selection of a successful proposer, the Administration would recommend that the Agreements be extended on a month-to-month basis as necessary. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the Administration to issue a Request for Proposals for the provision of auditing resort and telecommunication utility taxes, for a one year period; and further extend the existing Agreements with Beverly Young and The Bookkeepers, respectively, on a month-to-month basis, until a new contract is executed. PASSED and ADOPTED this 17th day of September, 19 ~ ATTEST: /) ~/GLLtJ ({({ CiiJ~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION JJS\sa F:\BUDG\$AUD\DOC98-99\AUDCOM\RESORFP.RTX 1J{,Wflit-, ,~;;y A .(lmI!')Y >iJ-6/~9 Date ~~..~n_~~ ... CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 htlp:\\cLmiami-beach. fl. us COMMISSION MEMORANDUM NO. to 2./-C}.'} TO: Mayor Neisen O. Kasdin and Members of the City C mission DATE: September 14, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLD OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE PROVISION OF AUDITING RESORT/AND TELECOMMUNICATION UTILITY TAXES, FOR A ONE-YEAR PERIOD, AND TO EXTEND THE EXISTING CONTRACT WITH BEVERLY YOUNG AND THE BOOKKEEPERS, ON A MONTH- TO-MONTH BASIS UNTIL A NEW CONTRACT IS EXECUTED. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City of Miami Beach charges a resort tax on room, food and beverage revenues earned within the City. In addition, a separate tax is charged for certain revenues derived from telecommunication services. City businesses are required to register with the City to collect and remit taxes. There are 1,966 businesses registered to collect the Resort Taxes and 125 businesses registered to collect Telecommunication Taxes. Ofthe total resort tax businesses, 659 are collecting and remitting taxes to the City on a monthly basis. These businesses consist of hotels, restaurants, nightclubs, and bars. The balance (1,307) represents apartments required to report on an annual basis to the City. The City employs field agents to audit these businesses. In an effort to expand audit coverage, the City entered into agreements with three independent contractors in October of 1994 to audit the records of these businesses. Since that time, agreements have been renewed on an annual basis. Currently, the City has four field agents and professional service agreements with two contractors which expire September 30, 1999. The Internal Audit policy directive for the next fiscal year is to audit 33 percent of the monthly and 17 percent of the annual active accounts for a total of 439 accounts. Included with the monthly accounts would be audits on 30 telecommunication filers. The City's Internal Audit Department will assign these audits to the field agents and independent contractors based on internally developed risk factors. AGENDA ITEM C 1~ DATE~ 211 The contract term would be for a period of one year with the option of two one-year renewals. CONTRACT AMOUNT AND FUNDING Funds are available from the resort tax fund. The proposed budget for fiscal year 99/00 has been reduced from $240,000 to $187,000 for these professional services. Expenditures for fiscal year 97/98 amounted to $149,754 and current year 98/99 is projected at $150,000. CONCLUSION The issuance of an RFP will allow the City to move forward with the selection of independent contractors to audit Resort / Telecommunication taxes at the current level of coverage. SR:~JJS:S~ 212 CITY OF MIAMI BEACH RFP NO. 7-99/00 REQUEST FOR PROPOSALS FOR AUDITING RESORT AND TELECOMMUNICATION UTILITY TAXES PROPOSALS ARE DUE A TTHE ADDRESS SHOWN BELOW NO LATER THAN OCTOBER 15,1999 AT 3:00 PM CITY OF MIAMI BEACH PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE, THIRD FLOOR MIAMI BEACH, FL 33139 FAX: (305) 673-7851 RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 1 214 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH RFP NO. 7-99/00 PROCUREMENT DIVISION 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 TELEPHONE: (3051 673-7490 SUNCOM: (305) 933-7490 FAX: (305) 673-7851 Sealed proposals will be received by the City of Miami Beach Procurement Director, 1700 Convention Center Drive, Miami Beach, Florida, 33139, until 3:00 pm on the October 15, 1999 for: AUDITING RESORT AND TELECOMMUNICATION UTILITY TAXES At time, date, and place above, proposals will be publicly opened. Any proposal received after time and date specified will be returned to the proposer unopened. Proposal documents may be obtained upon request from the Procurement Division, telephone number (305) 673-7490, Bid Clerk. You are hereby advised that this RFP is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on communication with the City's professional staff The ordinance does not apply to oral communications at pre-bid conferences, oral presentations before evaluation conunittees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly noticed public meeting, contract negotiations with the staff following the award of an RFP, RFQ, RFLI, or bid by the City Commission, or communications in writing at any time with any city employee, official, or member of the City Commission unless specifically prohibited. A copy of all written communications must be filed with the City Clerk. Violation of these provisions by any particular bidder or proposer shall render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the provision of goods or services for a period of one year. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. CITY OF MIAMI BEACH Michael A. Rath, CPPB Procurement Director RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 2 215 TABLE OF CONTENTS I. OVERVIEW AND PROPOSAL PROCEDURES ll. SCOPE OF SERVICES m. PROPOSAL FORMAT IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION V. GENERAL PROVISIONS VI. SPECIAL TERMS AND CONDITIONS Vll. ATTACHMENTS vm. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 3 216 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION/BACKGROUND The City of Miami Beach charges a resort tax on rooms, food and beverages (including alcoholic beverages) revenues earned within the City. In addition, a separate tax is charged for certain revenues derived from telecommunication services. City businesses are required to register with the City to collect and remit taxes. There are 1,966 businesses registered to collect the Resort Taxes and 125 businesses registered to collect Telecommunication Taxes. Of the total resort tax businesses, 659 are collecting and remitting taxes to the City on a monthly basis. These businesses consist of hotels, restaurants, nightclubs, and bars. The balance (1,307) represents apartments required to report on an annual basis to the City. The City employs field agents to audit these businesses. In an effort to expand audit coverage, the City entered into agreements with three independent contractors in October of 1994 to assist in the audit of the records of these businesses. Since that time, agreements have been renewed on an annual basis. Currently, the City has four field agents and professional service agreements with two contractors. The Internal Audit policy directive for the next fiscal year is to audit 33 percent of the monthly and 17 percent of the annual active accounts for a total of 439 accounts. Included with the monthly accounts would be 29 telecommunication files. The City's Internal Audit Department will assign these audits to the field agents and independent contractors based on internally developed risk factors. Contracts may be awarded to more than one firm. The contract term would be for a period of one year with the option of two one year renewals. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP issued September 15, 1999 Deadline for receipt of questions October 5, 1999 Deadline for receipt of proposals October 15, 1999 @ 3:00 PM Evaluation committee meeting Week of October 18, 1999 Commission approval and authorization of negotiations November 3,1999 Contract negotiations November 4, 1999 Projected award date November 17,1999 Projected contract start date December 1,1999 RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 4 217 C. PROPOSAL SUBMISSION An original and seven (7) copies of complete proposal must be received by October 15, 1999 at 3:00 pm and will be opened on that day at that time. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the proposer's name, address, telephone number, RFP number and title, and proposal due date. The responsibility for submitting a response to this RFP to the Procurement Division 011 or before the stated time and date will be solely and strictly that of the proposer. The City will in no way be responsible for delays caused by the U.S. Post Office or caused by any other entity or by any occurrence. Proposals received after the proposal due date and time will not be accepted and will not be considered. D. PRE-PROPOSAL CONFERENCE Not Applicable E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA Requests for additional information or clarifications must be made in writing to the Procurement Director no later than the date specified in the RFP timetable. Facsimiles will be accepted at (305) 673-7851. The City will issue replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in any addendum to this RFP. Proposers are required to acknowledge the number of addenda received as part of their proposals. The proposer should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. F. PROPOSAL GUARANTY Not Applicable G. MODIFICATIONIWITHDRA W ALS OF PROPOSALS A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the proposal due date and time. Modifications received after the proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 5 218 proposal due date or after expiration of ninety (90) calendar days from the opening of proposals without a contract award. Letters of withdrawal received after the proposal due date and before said expiration date and letters of withdrawal received after contract award will not be considered. H. RFP POSTPONEMENT/CANCELLATIONIREJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any proposals received as a result of this RFP. I. COST INCURRED BY PROPOSERS All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be the sole responsibility of the proposer(s) and not be reimbursed by the City. J. VENDOR APPLICATION Prospective proposers should register with the City of Miami Beach Procurement Division; this will facilitate their receipt of future notices of solicitations when they are issued. All proposer(s) must register prior to award; failure to register will result in the rejection of the proposal. Potential proposers may contact the Procurement Division at (305) 673-7490 to request an application. Registration requires that a business entity complete a vendor application and submit an annual administrative fee of $20.00. The following documents are required: 1. Vendor registration form 2. Commodity code listing 3. Articles of Incorporation - Copy of Certification page 4. Copy of Business or Occupational License It is the responsibility of the proposer to inform the City concerning any changes, including new address, telephone number, services, or commodities. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what alternative is being offered. The City, after completing evaluations, may accept or reject the exceptions. In cases in which exceptions are rejected, the City may require the proposer to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 6 219 L. SUNSHINE LAW Proposers are hereby notified that all information submitted as part of a response to this RFP will be available for public inspection after opening of proposals, in compliance with Chapter 286, Florida Statutes, known as the "Government in the Sunshine Law". M. NEGOTIATIONS The City may award a contract on the basis of initial offers received, without discussion, or may require proposers to give oral presentations based on their proposals. The City reserves the right to enter into negotiations with the selected proposer, and if the City and the selected proposer cannot negotiate a mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected proposer. This process may continue until a contract has been executed or all proposals have been rejected. No proposer shall have any rights in the subject project or property or against the City arising from such negotiations. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendations for contract award by sending a formal protest letter to the Procurement Director, which letter must be received no later than 5 calendar days after award by the City Commission. The Procurement Director will notifY the protester of the cost and time necessary for a written reply, and all costs accruing to an award challenge shall be assumed by the protester. Any protests received after 5 calendar days from contract award by the City Commission will not be considered, and the basis or bases for said protest shall be deemed to have been waived by the protester. o. RULES; REGULATIONS; LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all Federal, State and local laws, ordinances, codes, and regulations that may in any way affect the services offered, including the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of a proposer to execute a contract upon award by the City Commission, or untimely withdrawal of a proposal before such award is made and approved, may result in forfeiture of that portion of any proposal surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the proposer from the City's vendor list. RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 7 220 Q. CONFLICT OF INTEREST All proposers must disclose with their proposal the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, child) who is also an employee of the City of Miami Beach. Further, all proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the proposer or any of its affiliates. R. PROPOSER'S RESPONSmILITY Before submitting proposal, each proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful proposer from any obligation to comply with every detail and with all provisions and requirements of the contract documents, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the proposer. S. RELA nON OF CITY It is the intent of the parties hereto that the successful proposer be legally considered to be an independent contractor and that neither the proposer nor the proposer's employees and agents shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME (PEC) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub- contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. RFP NO.: 7-99/00 DATE: 9/15199 CITY OF MIAMI BEACH 8 221 SECTION II - SCOPE OF SERVICES Audits are to be performed on businesses registered with the City for collecting both resort taxes and telecommunication taxes. Assignments of audits of telecommunication taxes will be few in number and will be performed at the same time when auditing businesses responsible 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 and Telecommunication Tax codes are examined. Detailed testing is performed on a sampling basis. Contractor is to follow the City's Internal Audit programs for auditing resort tax businesses. City forms and programs will be provided in PC format. Attachment # 1 contains sample programs used for our audits. This includes initial contact with business, performing audit which results in an issuance of a resolution letter stating the results of the audit. Each audit is completed by the submission ofworkpaper with resolution letter to the Internal Auditor for final review and acceptance. The selection and assignment of audits is determined by the Internal Audit Department for the City of Miami Beach based on internally developed risk factors. It is anticipated that the number of audits assigned to the contractors would be about 180 to 200 audits per year. RFP NO.: 7-99/00 DATE: 9115/99 CITY OF MIAMI BEACH 9 222 SECTION m - PROPOSAL FORMAT Proposals must contain the following documents, each fully completed and signed as required. Proposals which do not include all required documentation or are not submitted in the required format, or which do not have the appropriate signatures on each document, may be deemed to be non-responsive. Non-responsive proposals will receive no further consideration. A. CONTENTS OF PROPOSAL 1. Table of Contents Outline in sequential order the major areas of the proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: Proposer must respond to all minimum requirements listed below, and provide documentation which demonstrates ability to satisfy all of the minimum qualification requirements. Proposals which do not contain such documentation may be deemed non-responsIve. 3. Price Proposal Proposer must include price which will be charged to the City. 3. Acknowledgment of Addenda and Proposer Information forms (Section VIII) 4. Any other document required by this RFP. such as a Ouestionnaire or Proposal Guaranty. B. MINIMUM REQUIREMENTS / QUALIFICATIONS: 1. Must have at least three years experience in auditing operations of hotel, restaurants, bars, and apartment businesses. Experience should include reviewing internal controls surrounding revenue control equipment, knowledge of operations, auditing establishment's financial records to substantiate revenue amounts reported to the City. 2. Must own a personal computer with common spreadsheet and word processing software. The City will provide audit programs, forms and letters in either WordPerfect or Word formats. Must have working knowledge in the use of this software. 3. Contractor must have office located in Dade County for the past three years. RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 10 223 SECTION IV - EVALUATION/SELECTION PROCESS: CRITERIA FOR EV ALUA TION The procedure for proposal evaluation and selection is as follows: 1. Request for Proposals issued. 2. Receipt of proposals. 3. Opening and listing of all proposals received. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each proposal in accordance with the requirements of this RFP. If further information is desired, proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors: a. Completion of the proposal as specified in Section III. b. Proposal price per unit. c. Willingness and capability to meet required services. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal or proposals which the City Manager deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve the City Manager's recommendation(s). The City Commission may reject City Manager's recommendation(s) and select another proposal or proposals. In any case, City Commission shall select the proposal or proposals acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. 8. Negotiations between the selected proposer and the City Manager take place to arrive at a contract. If the City Commission has so directed, the City Manager may proceed to negotiate a contract with a proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable contract within a reasonable period of time. RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 11 224 9. A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. 10. If and when a contract or contracts acceptable to the respective parties is approved by the City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s) has (or have) done so. Important Note: By submitting a proposal, aU proposers shall be deemed to understand and agree that. no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 12 225 SECTION V - GENERAL PROVISIONS A. ASSIGNMENT The successful proposer shall not enter into any sub-contract, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent of the City. Any unauthorized assignment shall constitute a default by the successful proposer. B. INDEMNIFICATION The successful proposer shall be required to agree to indemnify and hold harmless the City of Miami Beach and its officers, employees, and agents, from and against any and all actions, claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, in law or in equity, which may arise or be alleged to have arisen from the negligent acts or omissions or other wrongful conduct of the successful proposer, its employees, or agents in connection with the performance of service pursuant to the resultant Contract; the successful proposer shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs expended by the City in the defense of such claims and losses, including appeals. C. TERMINATION FOR DEFAULT If through any cause within the reasonable control of the successful proposer, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall thereupon have the right to terminate the services then remaining to be performed by giving written notice to the successful proposer of such termination which shall become effective upon receipt by the successful proposer of the written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the proposer, and the City may reasonably withhold payments to the successful proposer for the purposes of set off until such time as the exact amount of damages due the City from the successful proposer is determined. RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 13 226 D. TERMINA TION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful proposer of such termination, which shall become effective thirty (30) days following receipt by proposer of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful proposer in accordance with the Agreement for all services actually performed by the successful propos~r and reasonable direct costs of successful proposer for assembling and delivering to City all documents. No compensation shall be due to the successful proposer for any profits that the successful proposer expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 14 227 SECTION VI - SPECIAL TERMS AND CONDITIONS The contractor must carry and maintain in full force the following insurance: 1. General Liability in the amount of $500,000. 2. Workers Compensation & Employers Liability as required pursuant to Florida Statutes. RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 15 228 SECTION VII - ATTACHMENTS 1. Audit Program 2. Cone of Silence, Ordinance No. 99-3164 RFPNO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 16 229 SECTION vm - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 1. PROPOSER INFORMATION 2. ACKNOWLEDGMENT OF ADDENDA 3. DECLARATION 4. QUESTIONNAIRE RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 17 230 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the City reserves the right to reject any and all proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 18 231 REQUEST FOR PROPOSALS NO. 7-99/00 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP: Addendum No.1, Dated Addendum No.2, Dated Addendum No.3, Dated Addendum No.4, Dated Addendum No.5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date (proposer - Name) (Date) (Signature) RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 19 232 DECLARATION TO: Sergio Rodriguez City Manager City of Miami Beach, Florida Submitted this day of , 1998. The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the Contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a fonnal contractual relationship between the proposer and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal pertains. The proposer states that the proposal is based upon the documents identified by the following number: RFP No. 7-99/00) SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 20 233 Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If Forei2n Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: RFP NO.: 7-99/00 DATE: 9/15/99 QUESTIONNAIRE CITY OF MIAMI BEACH 21 234 Ouestionnaire (continued) If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 22 235 Ouestionnaire (continued) 4. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivenhip? If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 5. Penon or persons interested in this bid and Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholden over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, so state.) RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 23 236 Ouestionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any proposer and/or individuals and entities comprising or representing such proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose aU persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 24 237 Ouestionnaire (continued) The proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications ofthe proposer, as may be required by the City Manager. The proposer further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the proposer agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESSES: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: Signature (General Partner) (Print Name) (print Name) WITNESSES: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President Attest: Secretary (CORPORATE SEAL) RFP NO.: 7-99/00 DATE: 9/15/99 CITY OF MIAMI BEACH 25 238 CITY OF MIAMI BEACH ATTACHMENT TO RFP #7-99/00 RESORT TAX AUDIT INTERVIEW QUESTIONNAIRE Business Name Today's Date ROOM OPERATIONS Total Available Rooms How many floors Check In Time: Check Out Time: Do you have special contract rates for travel agencies? Yes: No: Will need copies of some contracts. Also, how is travel agency billing performed? Average Occupancy: _ Rate Schedule: Season: Off season: What kind of rentals do your exemptions represent? How does your system work: AUDIT TELECOMMUNICATION Do you charge a telecommunication tax on intrastate and other phone services? Yes:_ No: _ If yes, how do you calculate your gross and exempt telecommunication sales reported to the City? Do you have adjustments to the total tax collected? Yes: No: If yes, how are they calculated? FOOD & ALCOHOL OPERATIONS What are your business hours and days: What is the seating capacity: How much is your rent/mortgage:$ How much is your electric bill: $ How much is your water bill: $ How many employees are there: What is the total weekly payroll: $ Do you provide complimentary employee meals: Yes No If yes, is this reported as income to Federal Income tax: Yes No OR Do you provide discounted employee meals: If yes, % of discount: How much do you spend on purchases weekly: Meat $ How are cash pay-outs handled: Liquor $ Other $ Ask for a menu: List of bar prices: How many cash registers: Examine cash register(s): Which internal daily record do you keep: Guest checks Register tapes Do you have promotional/complimentary ("house") charges: Yes If yes, appr what % of total sales is this: % No How does your system work: 1 239 CITY OF MIAMI BEACH ATTACHMENT TO RFP #7-99/00 RESORT TAX AUDIT PROGRAM PRE-AUDIT INTERVIEW (NOTE: To be performed at least two (2) weeks prior to audit commencement date). DATE 1. Tour premises with owner/contact noting layout. 2. Visually inspect the premises for the following: a. Current Resort Tax Registration is posted. b. Posted registration agrees with information on file. 3. Determine the following with the owner/contact: a. Current ownership b. Current officers c. Above information agrees 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. 6. Determine last Dept of Revenue and/or IRS audit and period 2 240 INITIALS 1. SOURCE DOCUMENTS a. Hotels, Apartment Houses, Etc. i. Guest Cards/Folios ii. Receipt Register iii. Daily Cash Sheet iv. Signed Lease v. Night Auditor vi. Other (Specify) b. Restaurants & Bars i. Daily Sales Tickets ii. Cash Register Tapes iii. Daily/Weekly Summaries iv. Purchase Records/Invoices v. Other (Specify) 2. ACCOUNTING RECORDS a. Hotels, Apartment Houses, Etc. i. Sales Journals ii. Transcript/Revenue Report iii. General Ledger b. Restaurants & Bars i. Sales Journal ii. Purchases Journal iii. General Ledger 3. GENERAL ITEMS a. Federal Income Tax Returns b. State Income Tax Returns c. County Tax Returns d. State Sales Tax Returns e. Exemption Documentation f. Financial Statements g. Bank Statements h. Telephone Service Provider Bills CITY OF MIAMI BEACH A'ITACHMENT TO RFP #7-99/00 RESORT TAX AUDIT PROGRAM AUDIT QUESTIONNAIRE REQUESTED RECEIVED 3 241 COMMENTS CITY OF MIAMI BEACH ATIACHMENT TO RFP #7-99/00 RESORT TAX AUDIT PROGRAM DATE INITIAL GENERAL PROCEDURES 1. Examine Federal Income Tax Returns a. Compare sales with total reported on Resort Tax Returns. Reconcile, if necessary. b. Prepare and attach related schedule(s). 2. Examine State Income Tax Returns a. Compare sales with total reported on Resort Tax Returns. Reconcile, if necessary. b. Prepare and attach related schedule(s). 3. Examine State Sales Tax Returns a. Compare sales with total reported on Resort Tax Returns. Reconcile, if necessary. b. Compare exemptions with those reported on Resort Tax Returns. c. Prepare and attach related schedule(s). 4. Compare totals from above returns with general ledger totals. 5. If applicable, review most recent IRS and/or Dept. of Revenue audits to determine any corrections of findings which would impact Resort Tax filings. REVENUE PROCEDURES SALES: 1. Select a sample of monthly sales from the general ledger. a. Trace sales to Resort Tax Returns, reconciling, if necessary. b. Trace sales to State Sales Tax Returns, reconciling, if necessary. c. Prepare and attach related schedules. d. If discrepancies are found, then expand scope of the audit (support with schedules). 2. Select a sample of guest cards/sales tickets and trace to the sales journal/revenue reports to verify propriety of the accounting records. 3. Examine the numeric sequence of the daily sales tickets (if applicable) to determine that there are no gaps indicating unrecorded sales. 4 242 CITY OF MIAMI BEACH ATTACHMENT TO RFP #7-99/00 RESORT TAX AUDIT PROGRAM DATE INITIALS REVENUE PROCEDURES (continued) 4. Select a sample of daily deposits from the bank statement to verify accuracy of sales figures presented in the financial statements/general ledger. 5. Review selected exemption/lease documents for proper signatures and propriety of exemptions taken. 6. For hotels, apartment houses, etc., select a period for testing the accuracy of sales. a. Recalculate sales for period selected (using an an average room rate times occupancy rate) and compare to actual sales reported. 7. 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. COST OF SALES: 8. Calculate/review food and beverage costs for a selected period and compare to industry/market averages (support with schedules). 9. If items are found not to be reported or under reported, expand the scope of the audit (support with schedules). POST AUDIT PROCEDURES 1. Discuss audit findings (if any) with owner/contact. 2. Review additional audit procedures and/or actions resulting from audit findings with owner/contact. 3. Prepare a short narrative, summarizing audit including level of cooperation of owner/contact and general overview. 4. Sign off on audit program, complete all documentation and schedules, and turn into Resort Tax Supervisor for final review. 5. Final review of audit performed by Resort Tax Supervisor. 5 243 ORDlNANCE NO. 99-J l64 AN ORDlNA1\fCE OF THE MA YOR AND CITY COtvCMISSION OF THE CITY OF MIAMI BEACH, FLORIDA ESTABLISHING A '.CONE OF SILENCE" FOR CrTY COMPETITIVE BIDDING PROCESSES, BY AMENDING CHAPTER 2 OF THE CODE OF THE CrTY OF ("flAM! BEACH ENTITLED '..-\.DMINrSTRA TrON," BY AMENDING ARTICLE VII THEREOF ENTITLED "ST A!'{DARDS OF CONDUCT," BY CREA TING DIVISION -4 ENTITLED "PROCUREiVIENT," BY CREATING SECTION 2-486 ENTITLED "CONE OF SILENCE" BY PROVIDING FOR A DEFINITION, PROCEDURES, AND PENAL TIES; PROVIDING FOR REPEALER. SEVER'illILITY, INCLUSION IN THE CITY CODE, AND AN EFFECTIVE DATE. "VHEREAS, the Mayor and City Commission of the City of Miami Beach are desirous of adopting a ..Cone of Silence" procedure to protect the professional integrity of the City's competitive bidding process by shielding the City's professional staff; and WHEREAS, the policy proposed herein recognizes the importance of requiring persons or businesses who are part of the City's competitive processes to disclose all communications with the City's professioQal staff; and VVHEREAS, communications between elected officials and the City's appointed staff during a competitive bidding process should be in "'Titing so that it becomes a pare of the public record; and ""'HEREAS, the proposed policy protects the rights of indi.....iduals to petition their government and their elected officials; and WHEREAS, the policy proposed herein enhances the spirit of Florida's Government in the' Sunshine Law. ;:~r~ ~-.~2~ ~'... ;- ~. - ----.. 244 .-.~.... ~,-,,....~- NOW, THEREFORE. BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CfTY OF iYlIAMI BEACH: SECTION I. S~ccion 2-'+26. of Division 4- of Article V[[ of Chap cd 2 of the Miami 8~ach City Code is'h~reby cr~:lCed to read as follows: Article VII. St~nd~rds of Conduct "' '" Division.:1.. Procuremem Sec. 2-~86. Cone nfSilence .L Contracts tor the rovision of croods and _erv'ices other than audit PI i.,:::", 5<:'::01'" [r'''Dc",Z<J1'" Cerler:!! (frSrC) conrracts. W 6. :,G LQ2 Procedure ill A Cone of Silence shall be imposed upon each RFP. RFO. RFLI. and bid after the advertisement of said RFP. RFO. RFtI. or bid. At the time of imposition of the Cone of Silence. the Citv Mana~er or his or her desi~nee shall provide for public notice of the Cone of Silence. The (itV' Mana~er shall include in anv public solicitation for ~oods and services a statement disclosing: the reauirements of this ordinance. rii'j The Cone of Silence shall tenninate a) at the time the City Mana~er makes his or her \Mitten recommendation as to selection of a . 2 .: .,.-\-. .. .{t~'~4;~_': ... ~_..._.....~-- 245 GJ E\c~otions. The nrovisions or this ordinance shall not aooiv to oral communic:Hions at ore-hid con rerence:). oral oresentJ.tions before ~-:~-.:.:ti\)l! c\Jiu<ltion committees. conrr:Jcr n"'::;<J(..:t:,),l::l discussions durin~ anv dull,' nOtic~d ouhlic meetin!? oublic Dresenrarions made CO the Cit\! Commissioners ciurinQ' :In..... dulv nociced public meetin!!. conrract ne!?otiations with Ciev staff fo!lowinz [he award oran RFP. RFO. RFU. or bid bv the City Commission, or communication in writincr ar anv tImco with .:Inv Cirv com lovee. 0 'Icial or mcomoer or' the Citv ommission. unless soecific.:Illv rohibited bv the aoolic.:Iblco RFP. RF RF r or bid documents. The bidder or ro hall tile J. co v of any \vritten communic:Jtion v.ith the itv Clerk. itv Clcork shaH make conies available to anI,' person lIpon request. ., ('0) r- _ '1 .'(ce r as Dr vided in ubsections 2(c) and 2(d) hereof. a Cone or [enee shall be imoosed UDon each RFP. RFO. RFU. or bid for audit ::;:.: rrsrc se:-" tees atter the advertisement of said RFP. RFO. RFU, or bid. Ar the time )f the imoosition of the one of ilenee. the City ManaGer or h's or her de i2'nee hall orovide for the Dublic notice of the Cone fSilence. The C ne ~fSilence shall terminate \1,.1,(;" :!~_ c::-: \~":F.~~C. ':.~CC~1:':J J. >,~rt:c~r.:.. .:u.:.:i: ~f' [~SrC ~.-11:.J.~ a) at the time the Citv Manag-er makes his or her written recommendation as to the selection of a particular RFP. RFO. RFLf. or bid to the Cicv' ommission: rovided. however. that i the itv Commis . refers the ManaQ"er's recommendation back to the City Mana~er or stafffor. ~ ~ .~;~f~~~~Z ~~-,_._.- 246 G;l N,)thin!! contained herein shall Drnhiolt anv hidder or DroDos~r: Ii) trom mJkinQ" ~)Ublic presenrJtions at dlllv nociced Dre-hid conferences or bdore dub. noticed evaluarion c mmictee meetinas: ii /To enO'an'nlT in concr<:lCC ~:':Gci.:i:iofl:3 discussions durin!! J,nv dlllv nociced public meecinrr: (iii} ITom enrrJ~in~ in contract ne,;ociacions \\ith Citv stafffollowin!l (he aV\I'ard of In RFP. RF(). RFU. or bid for audit bv the Cirv Commission:or (iv) trom c,1mr.:unic:1rino in wririn<1 "\lich ;:mv itv ~mol()ve~ or official for u oses of s~~kin!! clJ,rificarion or ;]ddirional informacion from the (irv or responding [0 the- (icy's reaueSt for clarification or addicional informacion. subiect co th~ oro\'isions of the aoolic.1hle RFP, RFn, RFU. or bid documents. The bidder or ora oser haIr tile a co v of anv written communication I.vith the itv Cle-rk. The Citv Clerk shaIr make copies aVJilable to the !leneral public upon request. ( d) .. , .:+ .. - --- -~.~..::';:l:' ~ .~;..;~~~ ,~.."f'~:..."'~-~- 247 SECTTON 2. REPEALE~. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTTON 3. SEVERABfUTY. If any section, subsection. clause or provision of chis Ordinance is held invalid. the remainder shall noc be aff~cred by such invalidiry. SECTION 4. COOTFTCA TTON. fr is the intention of the Mayor and City Commission ofrhe Ciry of Miami Beach, and it is hereby ordained chac the provisions of chis ordinance shall become and be made a part of the Code of the Cirv oflVriami Beach. Florida. The sections of this ordinance may be renumbered or '. . relettered co accomplish such intencion. and the word "ordinance" may be changed co "section", "article," or other appropriate word. SECTION ~. EFFECTIVF DATE. This Ordinance shall take effect on the 16th day of January ,1999. PASSED and ADOPTED this ~ day of January , 1999. ~J- PcucL- 'I A TIEST: MAYOR . CITY CLERK .. "m""Il.'C"~"c."tSCo.wt..Ito-m APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION 1st reading 12/16/98 2nd reading 1/6/99 ,) ~Jj!f!~ ...Iiy AHon'\#Jy ~J~9~ n.T": ~~~.. ,._...~~, .~ .~ v; .:-.j'- ~'--: ~ 2.~~r:j.~:-;~.~ .~. '. ~~ ..'~ .'~'" -. ~ .....-......_--~._._-..- .... -... -.- - 248