The URL can be used to link to this page

Home My WebLink AboutExhibit A RFP 23-05/06 Inc. REQUEST FOR PROPOSALS FOR AUDITING SERVICES TO EXAMINE THE CITY'S BASIC FINANCIAL STATEMENTS INCLUDED IN THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FEDERAL GRANT PROGRAMS AND STATE PROJECTS (OMB A-133 SINGLE AUDIT), THE MIAMI BEACH REDEVELOPMENT AGENCY'S (RDA) BASIC FINANCIAL STATEMENTS, THE PARKING SYSTEMS FUNDS' (PSF) FINANCIAL STATEMENTS, THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY'S (VCA) FINANCIAL STATEMENTS, THE MIAMI BEACH CONVENTION CENTER (MBCC) AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (JGT), AS MANAGED BY SMG, FINANCIAL STATEMENTS, AND THE SAFE NEIGHBORHOOD PARKS AND BOND PROGRAM (SNP). RFP # 23-05/06 RFP DUE DATE: JUNE 19,2006 AT 3:00 P.M. Pamela Leia, CPPB PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www miamibeachfl gov F:IPURCI$AllIPAMELAIRFPIRFP 23-05-06Audil Service. doc <9 MIAMI BEACH May 19. 2006 RFP No: 23-05/06 City of Miami Beach 1 of 42 ce MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673.7851 PUBLIC NOTICE TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR AUDITING SERVICES TO EXAMINE THE CITY'S BASIC FINANCIAL STATEMENTS INCLUDED IN THE CITY'S COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FEDERAL GRANT PROGRAMS AND STATE PROJECTS (OMB A-133 SINGLE AUDIT), THE MIAMI BEACH REDEVELOPMENT AGENCY'S (RDA) BASIC FINANCIAL STATEMENTS, THE PARKING SYSTEMS FUNDS' (PSF) FINANCIAL STATEMENTS, THE MIAMI BEACH VISITOR AND CONVENTION AUTHORITY'S (VCA) FINANCIAL STATEMENTS, THE MIAMI BEACH CONVENTION CENTER (MBCC) AND JACKIE GLEASON THEATER OF THE PERFORMING ARTS (JGT), AS MANAGED BY SMG, FINANCIAL STATEMENTS, AND THE SAFE NEIGHBORHOOD PARKS AND BOND PROGRAM (SNP). Request for Proposals (RFP) No. 23-05/06 The purpose of the audit services (the "engagement") is to audit the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR). The engagement shall also include the Single Audit, PSF, VCA, SMG, and SNP audits, for a period of five (5) years with the sole at the option and discretion of the City to renew for five (5) additional one-year periods. The initial engagement will be for the fiscal year ending September 30, 2006. Additional years of the engagement would be subject to the approval of the City Manager, and confirmation by the Mayor and Members of the City Commission annually. Sealed proposals will be received until 3:00 PM on June 19, 2006, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Any response received after 3:00 PM on June 19, 2006 will be returned to the proposer unopened. The responsibility for submitting proposals before the stated time and date is solely the responsibility of the proposer. The City will not be responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Proposal Submission Meeting is scheduled for May 26, 2006 at 10:30 a.m. at the following address: City of Miami Beach City Hall Mayor's Conference Room - Fourth Floor 1700 Convention Center Drive Miami Beach, FL 33139 May 19, 2006 City of Miami Beach RFP No: 23-05/06 2 of 42 The City of Miami Beach has contracted with BidNet and has begun utilizing a central bid notification system created exclusively for state and local agencies located in South Florida. Created in conjunction with BidNet(s), this new South Florida Purchasing system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.govbids.com/scripts/southflorida/public/home 1.asp. If you do not have Internet access, please call the BidNet support group at 800-677-1997 extension #214. Attendance (in person or via telephone) to this Pre-Proposal submission meeting is encouraged and recommended as a source of information but is not mandatory. Proposers interested in participating in the pre-Proposal submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Proposers who are interested in participating via telephone, please send an e-mail at least one day in advance to PamelaLeia@miamibeachfl.aov expressing your intent to participate via telephone. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBS ITE: http://www.miamibeachfl.Qov/newcitv/depts/purchase/bidi ntro. asp · CONE OF SILENCE -- ORDINANCE NO. 2002-3378 · CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. · DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. · PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. · LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002- 3363. · EQUAL BENEFITS ORDINANCE - ORDINANCE NO. 2005-3494 Sincerely, ft- Gus Lopez, CPPO Procurement Director May 19, 2006 City of Miami Beach RFP No: 23-05/06 3 of 42 <e MIAMIBEACH V. VI. City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 305-673-7851 TABLE OF CONTENTS Page I. REQUEST FOR PROPOSALS OVERVIEW AND RESPONSE PROCEDURES 5-7 II. SCOPE OF SERVICES 8-10 III. PROPOSAL FORMAT 11-13 IV. EVALUATION/SELECTION PROCESS 14-15 LEGAL TERMS AND CONDITIONS /INSURANCE 16-21 PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY (IN ADDITION TO PROPOSAL RESPONSE PACKAGE) -Insurance Checklist -Proposer Information -Acknowledgment of Addenda -Price Proposal Form -Declaration -Sworn Statement/Section 287.133(3)(a), Florida Statutes - Public Entity Crimes -Questionnaire -Declaration: Nondiscrimination in Contracts and Benefits -Reasonable Measures Application (If Applicable) -Substantial Compliance (If Applicable) 21-40 21 22 23 24 25 26-27 28-32 33-35 36-37 38-40 VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS - Performance Evaluation Letter 41 - Performance Evaluation Survey 42 May 19,2006 City of Miami Beach RFP No: 23-05106 4 of 42 SECTION I - OVERVIEW A. INTRODUCTION I BACKGROUND The purpose of the audit services (the "engagement") is to audit the City's Basic Financial Statements included in the City's Comprehensive Annual Financial Report (CAFR). The engagement shall also include the Single Audit, PSF, VCA, SMG, and SNP audits, for a period of five (5) years, with the sole the option and discretion of the City to renew for five (5) additional one (1) year periods. The initial engagement will be for the fiscal year ending September 30, 2006. Additional years of the engagement would be subject to the approval of the City Manager, and confirmation by the Mayor and Members of the City Commission annually. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP Issued May 19, 2006 Pre-Proposal Submission Meeting May 26, 2006 Deadline for receipt of questions June 1, 2006 5:00pm Deadline for receipt of responses / Proposals June 19, 2006 Evaluation committee meetings June/July 2006 Commission Approval/ July 2006 Authorization of negotiations Contract negotiations Projected contract start date To be negotiated upon award. C. PROPOSALS SUBMISSION An original and ten (10) copies of the proposal response will be received until 3:00 p.m. on June 19th, 2006, at the following address: City of Miami Beach City Hall Procurement Division -- Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 The original and all copies 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 due date. No facsimile or e-mail responses will be considered. The responsibility for submitting a response to this RFP to the Procurement Division on or before the stated time and date will be solely and strictly 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. Responses received after the RFP due date and time will not be accepted and will not be considered. D. SPECIAL CONDITIONS Proposers are advised that this RFP and any contract awarded pursuant to this procurement process.shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled May 19, 2006 City of Miami Beach RFP No: 23-05/06 5 of 42 "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. All proposers shall complete and return, with their proposal, the "Declaration: Non-discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the proposer certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that: a. The Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed; AND. b. The Contractor shall complete and return the "Substantial Compliance Authorization Form" contained herein. It is important to note that Contractors are considered in compliance if Contractor provides benefits neither to employees' spouses nor to employees' Domestic Partners. E. PRE-PROPOSAL SUBMISSION MEETING A pre-Proposal submission meeting is scheduled for May 26th, 2006 at 10:30 a.m. at the following address: City of Miami Beach City Hall Mayor's Conference Room -- Fourth Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information but is not mandatory. Contractors interested in participating in the pre-RFP submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Proposers who are interested in participating via telephone, please send an e-mail to PamelaLeia@miamibeachfl.aov at least one day in advance, expressing your intent to participate via telephone. May 19. 2006 City of Miami Beach RFP No: 23-05/06 6 of 42 F . CONTACT PERSON The contact person for this RFP is Pamela Leja, Procurement Division. Ms. Leja may be reached by phone: 305.673.7490; fax: 305.673.7851; or e-Mail: PamelaLeja@miamibeachfl.gov. The City's Procurement Director is authorized by the City's Cone of Silence Ordinance to have oral communications with prospective Proposers relative to matters of process or procedures only. Requests for additional information or clarifications must be made in writing to the Procurement contact listed above. Facsimile or e-mail requests are acceptable. Please send all questions to PamelaLeia(Q>.miamibeachfl.aov with a copy the City Clerk's office at the following e-mail address: RobertParcher(Q>.miamibeachfl.aov. The Procurement contact will issue replies to inquiries and additional information or amendments deemed necessary in written addenda, which will be issued prior to the deadline for responding to this 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 advised that oral communications between the Proposers, or their representatives, and the Mayor or City Commissioners and their respective staff, or members of the City's administrative staff to include the City Manager and his staff, or evaluation committee members is prohibited. May 19, 2006 . City of Miami Beach RFP No: 23-05/06 7 of 42 SECTION II -- SCOPE OF SERVICES There are eight (8) services which are required as part ofthis RFP. All services must be included in the proposal in order for it to be considered. The services and scope of services are as follows: 1. CAFR - The auditor will prepare and issue an auditor's opinion and conduct an audit ofthe City's CAFR in accordance with Generally Accepted Auditing Standards (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Controller General of the United States. The examination must be made in accordance with the guidelines prepared by the Governmental Finance Officers Association (GFOA) in order for the City to apply for the Certificate of Achievement for Excellence in Financial Reporting. The examination will include the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund balances of the City, except for the City of Miami Beach Retirement Systems for Firefighters and Police Officers, the City of Miami Beach Retirement Systems for General Employees, the City of Miami Beach Retirement System for Unclassified Employee and Elected officials, the Firemen's Relief and Pension Fund, and the Policemen's Relief and Pension Fund, which are audited by other auditors. On an annual basis, the City will prepare the CAFR for auditing. The auditors will provide guidance with the implementation of Governmental Accounting Standard Board (GASB) statements as necessary. The audit firm shall issue an audit opinion to the City no later than 180 days following the fiscal year end. 2. OMS A-133 Single Audits - The auditor must perform an audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The auditor must issue an Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance, Independent Auditors' Report on Compliance and Internal Control over Compliance Applicable to Each Major Federal Program and State Project, and Schedule of Findings and Questioned Costs. The City will prepare the Schedule of Expenditure of Federal Awards and State Financial Assistance. The audit firm shall issue the single audit report and data collections form to the City no later than 180 days following the fiscal year end. 3. Management Letter in Accordance with the Rules of the Auditor General of the State of Florida - The auditor shall issue a management letter to address the following: May 19, 2006 City of Miami Beach RFP No: 23-05/06 8 of 42 · The City's compliance and internal controls or schedule of findings and questioned costs, whether or not inaccuracies, shortages, defalcations, fraud and/or violations laws, rules, regulations, and contractual provisions reported in the preceding annual financial audit report have been corrected. · The City's compliance and internal controls or schedule of findings and questioned costs, whether or not recommendations made in the preceding annual financial audit report have been followed. · Provisions of Section 218.415, Florida Statutes, regarding the City's investment of public funds. · The City's compliance and internal controls or schedule of findings and questioned costs: (1) violations of laws, rules, regulations, and contractual provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures; (3) improper or inadequate accounting procedures (for example, the omission of required disclosures from the financial statements); (4) failures to properly record financial transactions; and (5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of, the auditor. · Section 218.503(1), Florida Statutes, regarding financial emergencies. · The annual financial report for the City filed with the Department of Financial Services pursuant to Section 218.32, Florida Statutes. · The name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in the management letter, unless disclosed in the notes to the financial statements. The audit firm shall issue a management letter to the City no later than 180 days following the fiscal year end. 4. RDA - The City issues stand-alone basic financial statements for the RDA (Redevelopment Agency), a blended component unit of the City. The auditor will prepare and issue an auditor's opinion and conduct an audit of the RDA basic financial statements in accordance with Generally Accepted Auditing Standards (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Controller General of the United States. The financial statements, footnotes and schedules are to be prepared by the auditor. The audit firm shall issue the RDA basic financial statements to the City no later than 180 days following the. fiscal year end. 5. PSF- The City issues stand-alone financial statements for the PSF (Parking Systems Funds), a major enterprise fund of the City. The auditor will prepare and issue an auditor's opinion and conduct an audit of the PSF financial statements in accordance with Generally Accepted Auditing Standards (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Controller General of the United States. The financial statements, footnotes and schedules are to be prepared by the auditor. The audit firm shall issue the PSF basic financial statements to the City no later than 150 days following the fiscal year end. May 19, 2006 City of Miami Beach RFP No: 23-05/06 9 of 42 6. VCA- The City issues stand-alone basic financial statements for the VCA (Visitor and Convention Authority), a discretely presented component unit of the City. The auditor will prepare and issue an auditor's opinion and conduct an audit of the VCA financial statements in accordance with Generally Accepted Auditing Standards (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Controller General of the United States. The financial statements, footnotes and schedules are to be prepared by the auditor. The audit firm shall issue the VCA basic financial statements to the City no later than 90 days following the fiscal year end. 7. SMG- The City issues special purpose financial statements for assets, liabilities, revenues, and expenses of the Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts, as managed by SMG. The auditor will prepare and issue an auditor's opinion and conduct an audit of the SMG assets, liabilities, revenues and expenses in accordance with Generally Accepted Auditing Standards (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Controller General of the United States. The financial statements, footnotes and schedules are to be prepared by the auditor. The audit firm shall issue the SMG special purpose financial statements to the City no later than 90 days following the fiscal year end. 8. SNP- The SNP (Safe Neighborhood Parks and Bond Program) governing Miami-Dade County ordinance No. 96-115 requires that an annual independent audit of all bond funds be conducted. The auditor will conduct an audit to incorporate the following: · Tests for compliance with the grant agreement, SNP ordinance No. 96-115, applicable resolution and the SNP Administrative Rules. · Tests for compliance with advance requirements. · Tests for expenditures of required match dollars. · Verification of the Fund Summary Status Report. The audit report, notes and schedules are to be prepared by the auditor. The audit firm shall issue the SNB to the City no later than 90 days following the fiscal year end. The auditor shall also submit the following reports for inclusion in the report to the Auditor General of the State of Florida: · Independent Auditors' Report. · Independent Auditors' Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards. · Independent Auditors' Report on Compliance With Requirements Applicable to Each Major Federal Program and State Project and on Internal Controls Over Compliance in Accordance With OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General of the State of Florida. · Management Letter in Accordance with the Rules of the Auditor General of the State of Florida. May 19, 2006 RFP No: 23-05/06 City of Miami Beach 10 of 42 SECTION III - PROPOSAL FORMAT Proposals must contain the following documents, each fully completed, and signed as required. If any items are omitted, Firms must submit the documentation within five (5) calendar days upon request from the City, or the proposal shall be deemed non-responsive. However, as it relates to the omission of cost or revenue sharing information, the City will not accept said information after the deadline for receipt of proposals. 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: Firm must respond to all minimum requirements listed below. Proposals which do not contain such documentation may be deemed non-responsive. a) Introduction letter outlining the Firm's professional specialization, provide past experience to support the qualifications of the submitter. Interested Firms should submit documents that provide evidence as to the capability to provide professional food and beverage services. b) Firms must provide documentation which demonstrates their ability to meet all of the requirements set forth in this RFP. c) Cost Information: Cost information must be submitted with your proposal, and if selected as the successful Firm, the City will reserve its right to negotiate cost for each engagement. Firms are required to quote fees for the work they are proposing to perform. Fees must be listed separately for each of the eight (8) services required under "Scope of Services. This fee quote should also provide a breakdown of anticipated hours and rates of the various classes of personnel to be assigned to the engagement. In the event that there is a need for additional services not listed above, which may be needed during the contract period, proposers must provide as an attachment to their proposal, the hourly billing rates for each member of your firm. Information Reaardina Firm's Qualifications a. Describe the respondent's professional development program, including the approximate number of hours of continuing education attended by the respondent. Also indicate the number of days of specialized training in governmental accounting and auditing received during the last two years of personnel to be assigned to this engagement. Indicate compliance with the State Board of Accountancy requirements applicable to audits of Florida local governments. b. Describe the participation of the respondent in national or state, governmental or professional, accounting or auditing Boards or Committees during the last three years. c. Describe the respondent's quality control programs and procedures that ensure compliance with the respondent's professional standards review and AICPA standards. Indicate whether the respondent is in the SEC Practice Section and/or May 19, 2006 RFP No: 23-05/06 City of Miami Beach 11 of 42 the Private Companies Practice Section of the Quality Control Program. If the respondent answered positively to the preceding, attach a copy of the last Peer Review received by the respondent. d. Describe the respondent's (local office for national firms) experience in providing accounting and auditing services to local governments. e. Describe any litigation in excess of $100,000 filed against the respondent in the State of Florida over the last three years. Also describe any terminations, suspensions, censures, reprimands, probations or similar actions against the respondent or any member of the respondent's firm by the Florida State Board of Accountancy in the last three years. f. The respondent will make a statement as to their independence with regard to the City. 3. Qualifications of Project Team: Firms will be required to provide an organizational chart of all personnel and consultants to be used on this project and their qualifications. A resume including education, experience, licenses and any other pertinent information shall be included for each team member, including subcontractors to be assigned to each project. These resumes should be, at minimum, for the partner, the manager and the senior for this engagement. The resume should include the continuing education in governmental auditing and other governmental audit engagements that they have undertaken. 4. Methodology and Approach: Describe the respondent's approach to this audit engagement. This should include at least the following: · Development of the audit program. · Organization of the audit team and titles of team members and approximate amount of time each such class of member will spend on the audit. · The names of the partner and manager that will be assigned to this engagement and the extent of their involvement with this engagement. Any substitution of these individuals must be approved by the Audit Committee prior to any change of staffing. · The proposed schedule for the audit. · Any anticipated use of internal audit staff or other City staff. · Provide at least five (5) client references within the south Florida area. 5. Previous Similar Projects: A list of a minimum of ten similar projects must be submitted. Information should include: · Client Name, address, contact phone number. · Description of similar scope of services. · Month and Year the project was started and completed. 6. Training: The City desires to maintain and improve the level of training of its personnel assigned to the internal audit function and in accounting positions. The proposal should indicate if the firm conducts any training for its employees and if City personnel could attend such training. 7. Award of Contract: It is anticipated that the Evaluation Committee will review these proposals and recommend a qualified firm(s) to the City Manager who will make a recommendation to the City Commission. The City Commission will select the most qualified firm(s) to undertake the May 19, 2006 RFP No: 23-05/06 City of Miami Beach 12 of 42 engagements and authorize the City Manager or his designee, to negotiate with the selected firm or firms for the engagements. 8. Past Performance Information: Past performance information will be collected on all firms. Firms will be required to identify and submit their best projects. Firms will be required to send out Performance Evaluation Surveys to each of their clients. Firms will also be responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in the RFP process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. 9. Risk-Assessment Plan (RAP): All firms must submit a Risk-Assessment Plan. The Risk-Assessment Plan must not be longer than two pages, front side of page only. The RAP should address the following items in a clear and generic language: (a) What risks the project has. (Areas that may cause the firm not to finish on time, not finish within budget, cause any change orders, or be a source of dissatisfaction with the City). Explanation of how the risks will be avoided/minimize. Propose any options that could increase the value of this project. Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. (b) (c) (d) May 19. 2006 City of Miami Beach RFP No: 23-05/06 13 of 42 SECTION IV - EV ALUA TION/SELECTION PROCESS The procedure for response evaluation and selection will be as follows: . RFP issued. · Receipt of responses. · Opening and listing of all responses received. · An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each response in accordance with the requirements of this RFP. If further information is desired, respondents may be requested to make additional written submissions or oral presentations to the Evaluation Committee. · The Evaluation Committee will recommend to the City Manager the response(s) which the Evaluation Committee deems to be in the best interest of the City by using the following criteria for selection: · Firm's Experience in Auditing Services - 20 points. · Qualifications of the Project Team - 20 points. · Methodology and Approach - 10 points. · Risk Assessment Plan for ensuring quality of work - 15 points. · Past Performance based on client references and number and quality of the Performance Evaluation Surveys -15 points · Fees-20 points The Evaluation Committee will rank no less than three firms as follows: The firm with more than 50% of the Committee Members' first-place ranking will be deemed the top- ranked firm. The second and third rank firms will be ranked based on the total low aggregate ranked score. For example, a Committee of seven (7) members rank the firms as follows: Firm A. 4 - 1ST place votes (4x1=4) 1 -2nd place vote (1x2=2) 2 -3rd place votes (2x3=6) Firm B. 2 - 1 st place votes (2x1 =2) 4 - 2nd place votes (4x2=8) 1 - 3rd place votes (1x3=3) 13 Firm C. 1 - 1 st place votes (1 x1 =1) 2 - 2nd place vote (2x2=4) 4 -3rd place votes(4x3=12) 17 TOTAL LOW AGGREGATE 12 RANKED SCORE Firm A received more than 50% (4 out of 7) first place votes, and is therefore the top ranked firm. Firm 8 received a ranked score of 13, and is therefore, the second-ranked firm, and so forth. If no firm receives more than 50% of the first-place votes, then the top-ranked and subsequent ranked firms will be determined on the total low aggregate ranked score as shown on the above example. · The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations. May 19, 2006 City of Miami Beach RFP No: 23-05/06 14 of 42 · After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the response or responses acceptance of which the City Manager deems to be in the best interest of the City. · The City Commission shall consider the City Manager's recommendation(s) in light of the recommendation(s) and evaluation ofthe 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 response or responses. In any case, City Commission shall select the response or responses acceptance of which the City Commission deems to be in the best interest of the City. The City Commission may also reject all proposals. · Negotiations between the selected respondent and the City take place to arrive at a contract price. If the City Commission has so directed, the City may proceed to negotiate a contract price with a respondent other than the top ranked respondent if the negotiations with the top ranked respondent fail to produce a mutually acceptable contract price within a reasonable period of time. · A proposed contract or contracts are presented to the City Commission for approval, modification and approval, or rejection. · 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 respondent(s) has (have) done so. Important Note: By submitting a response, all proposers shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. May 19, 2006 City of Miami Beach. RFP No: 23-05/06 15 of 42 SECTION V - LEGAL TERMS AND CONDITIONS/INSURANCE A. MODIFICATION/WITHDRAWALS OF SUBMITTALS A proposer may submit a modified response to replace all or any portion of a previously submitted response up until the RFP due date and time. Modifications received after the RFP due date and time will not be considered. Responses shall be irrevocable until contract award unless withdrawn in writing prior to the RFP due date or after expiration of 120 calendar days from the opening of responses without a contract award. Letters of withdrawal received after the RFP due date and before said expiration date and letters of withdrawal received after contract award will not be considered. B. RFP POSTPONEMENT/CANCELLATION/REJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP or in any responses received as a result of this RFP. C. COST INCURRED BY PROPOSERS All expenses involved with the preparation and submission of responses 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. D. 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 consultant to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. E. 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 responses, in compliance with Chapter 286, Florida Statutes, known as the Florida Government in the Sunshine Law. F . 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 responses. 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 responses have been rejected. No proposer shall have any rights in the subject project or property or against the City arising from such negotiations. May 19, 2006 City of Miami Beach RFP No: 23-05/06 16 of 42 G. PROTEST PROCEDURES Proposers that are not selected may protest any recommendation for selection of award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for protesting the City Manager's recommendation. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. H. RULES; REGULATIONS; AND LICENSING REQUIREMENTS Proposers are expected to be familiar with and comply with all Feder~l, 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. I. DEFAULT Failure or refusal of a proposer to execute a contract upon award by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City; where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the proposer from the City's vendor list. J. CONFLICT OF INTEREST All cproposers must disclose with their response 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 consultallts 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. K. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS All proposers are expected to be or become familiar with all City of Miami Beach Lobbyist laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed herein, in addition to disqualification of their Proposals, in the event of such non-compliance. L. PROPOSER'S RESPONSIBILITY Before submitting responses, each proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance ofthe contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful consultant 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 claims whatsoever for any mo~etary consideration on the part of the proposer. M. RELATION 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. May 19,2006 City of Miami Beach RFP No: 23-05/06 17 of 42 N. 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 ($25,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. O. ASSIGNMENT The successful proposer shall not enter into any sub contract, 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 P. 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 consultant, 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. R. 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 contract 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 contract 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. May 19, 2006 City of Miami Beach RFP No: 23-05/06 1 B of 42 S. TERMINATION FOR CONVENIENCE OF CITY The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving 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 contract is terminated by the City as provided in this section, the City shall compensate the successful proposer in accordance with the contract for all services actually performed by the successful proposer 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 contract. 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. T. INSURANCE Successful proposer shall obtain, provide and maintain during the term of the contract the following types and amounts of insurance as indicated on the Insurance Checklist which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. Any exceptions to these requirements must be approved by the City's Risk Management Department. FAILURE TO PROCURE INSURANCE: Successful proposer's failure to procure or maintain required insurance program shall constitute a material breach of contract under which City may immediately terminate the proposed contract. U. CONE OF SILENCE Pursuant to Section 2-486 of the City Code, entitled Cone of Silence, you are hereby advised that the Cone of Silence requirements listed herein shall apply. V. DEBARMENT ORDINANCE Proposers are hereby advised that this RFP is further subject to City of Miami Beach Ordinance No. 2000-3234 (Debarment Ordinance). Proposers are strongly advised to review the City's Debarment Ordinance. Debarment may constitute grounds for termination of the contract, as well as, disqualification from consideration on any City of Miami Beach RFP, RFP, RFU, or bid. x. CODE OF BUSINESS ETHICS Pursuant to Resolution NO.2000 23879 each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with your bid/response or within five days upon receipt of request. May 19, 2006 City of Miami Beach RFP No: 23-05/06 19 of 42 The Code shall, at a minimum, require your firm or you as a sole proprietor, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City Code. Y. AMERICAN WITH DISABILITIES ACT Call 305-673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call Heidi Johnson Wright, Public Works Department, at 305-673-7080. z. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent ofthe City, for the purpose of influencing consideration ofthis proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him/her in the discharge of his/her official duties. AA. EQUAL BENEFITS FOR DOMESTIC PARTNERS Proposers are advised that this RFP and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005- 3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. May 19,2006 City of Miami Beach RFP No: 23-05/06 20 of 42 XXX 1. XXX 2. XXX 5. INSURANCE CHECK LIST Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida and U.S.L. & H I Jones Act per Federal Law (If required). Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premisesl Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ . 00 per occurrence to follow the primary coverage. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond $ $ $ $ $ .00 .00 .00 .00 .00 XXX Professional Liability $1.000.000 .00 XXX 7.Thirty (30) days written cancellation notice required. XXX a.Best's guide rating B+: VI or better, latest edition. XXX 9. The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Vendor Signature of Vendor May 19, 2006 City of Miami Beach RFP No: 23-05/06 21 of 42 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Printed) Address: City/State: Telephone: Fax: E-mail: 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) May 19, 2006 City of Miami Beach RFP No: 23-05/06 22 of 42 REQUEST FOR PROPOSALS NO. 23-05/06 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 23- 05/06 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 May 19, 2006 City of Miami Beach RFP No: 23-05/06 23 of 42 PRICE PROPOSAL FORM PROPOSER'S NAME: SIGNATURE: TITLE: ADDRESS: PHONE NUMBER: E-MAIL ADDRESS: There are eight (8) services which are required as part of this RFP, per the Scope pf Services: Service Fees 1) Audit of City's Basic Financial Statement (CAFR) $ 2) OMB A-133 Single Audits $ 3) Management Letter in Accordance with the Rules of the Auditor General of the State of Florida $ 4) Miami Beach Redevelopment Agency (RDA) $ 5) Miami Beach Parking Systems Funds (PSF) $ 6) Miami Beach Visitor and Convention Authority (VCA) $ 7) Miami Beach Convention Center and Jackie Gleason Theater of the Performing Arts, as Managed by SMG (SMG) $ 8) Safe Neighborhood Parks Single Audit (SNP) $ In the event that there is a need for additional services not listed above, which may be needed during the contract period, proposers must provide as an attachment to their proposal, the hourly billing rates for each member of your firm. May 19, 2006 City of Miami Beach RFP No: 23-05/06 24 of 42 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of ,2006. The undersigned, as proposer, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the consultant and the City of Miami Beach, Florida, for the performance of all requirements to which the response pertains. The proposer states that the response is based upon the documents identified by the following number: RFP No.23-05/06 SIGNATURE PRINTED NAME TITLE (IF CORPORATION) May 19, 2006 City of Miami Beach RFP No: 23-05/06 25 of 42 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to [Print name of public entity] By [Print individual's name and title] For [Print name of entity submitting sworn statement] Whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1 )(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes. means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. May 19, 2006 City of Miami Beach RFP No: 23-05/06 26 of 42 5) I understand that a "person" as defined in Paragraph 287.133(1 He), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6) Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management ofthe entity, or an affiliate ofthe entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate ofthe entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FO.RM [Signature] Sworn to and subscribed before me this day of ,2006 Personally known OR Produced identification Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) May 19, 2006 City of Miami Beach RFP No: 23-05/06 27 of 42 QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: If a Foreian 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 May 19, 2006 City of Miami Beach RFP No: 23-05/06 28 of 42 Questionnaire (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 auditing profession: 2. Have any agreements held by Proposer for a 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: May 19. 2006 City of Miami Beach RFP No: 23-05/06 29 of 42 Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (1 0%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) May 19, 2006 City of Miami Beach RFP No: 23-05/06 30 of 42 Questionnaire (continued) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any proposer and/or individuals and entities comprising or representing such proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. May 19, 2006 City of Miami Beach RFP No: 23-05/06 31 of 42 Questionnaire (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 of the 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. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address By: General Partner Print Name WITNESS: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Attest: May 19, 2006 City of Miami Beach RFP No: 23-05/06 32 of 42 m ~ MIAMI BEACH CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: Vendor Number (if known): FederallD or Social Security Number: Approximate Number of Employees in the U.S.: Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination - Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. DRace o Color o Creed o Religion o National origin o Ancestry o Age o Height Yes _ No Yes_No Yes_No Yes _ No Yes_No Yes_No Yes_No Yes_No o Sex o Sexual orientation o Gender identity (transgender status) o Domestic partner status o Marital status o Disability o AIDS/HIV status o Weight _Yes No Yes_ No Yes_No Yes_No Yes_No Yes _ No Yes _ No Yes No 8. Does your company agree to insert a similar nondiscrimination provIsion in any subcontract you enter into for the performance of a substantial portion of the contract you have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. Yes _ No May 19, 2006 City of Miami Beach RFP No: 23-05/06 33 of 42 Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? Yes _ No 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? Yes _No *The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If YOU answered "NO' to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. If YOU answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Yes for Employees No, this Benefit Documentation of this Employees with with Domestic is Not Offered Benefit is Submitted SDouses Partners with this Form Health 0 0 0 0 Dental 0 0 0 0 Vision 0 0 0 0 Retirement (Pension, 0 0 0 0 401 (k), etc.) Bereavement 0 0 0 0 Family Leave 0 0 0 0 Parental Leave 0 0 0 0 Employee Assistance 0 0 0 0 Proaram Relocation & Travel 0 0 0 0 Company Discount, 0 0 0 0 Facilities & Events Credit Union 0 0 0 0 Child Care 0 0 0 0 Other 0 0 0 0 May 19, 2006 City of Miami Beach RFP No: 23-05/06 34 of 42 Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes _ No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Executed this day of , in the year , at '- City State Signature Mailing Address Name of Signatory (please print) City, State, Zip Code Title May 19, 2006 City of Miami Beach RFP No: 23-05/06 35 of 42 C9 MIAtv'\IBEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Mailing Address of Company Name of Company (please print) City, State, Zip Signature Telephone Number Name of Signatory (please print) Title May 19, 2006 City of Miami Beach Date RFP No: 23-05/06 36 of 42 Definition of Terms A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. May 19, 2006 City of Miami Beach RFP No: 23-05/06 37 of 42 (9 MIAlv\IBEACH CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits fo'r which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: May 19, 2006 City of Miami Beach RFP No: 23-05/06 38 of 42 B. Administrative Actions and Reauest for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Baroainino Aoreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. May 19, 2006 City of Miami Beach RFP No: 23-05/06 39 of 42 For a delay to be granted under this provision, written proof must be submitted with this form that: . The benefits for which the delay is requested are governed by a collective bargaining agreement; . All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and . A cash equivalent payment will be provided to eligible employees for whom benefits are not available. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Mailing Address of Company Name of Company (please print) City, State, Zip Signature Telephone Number Name of Signatory (please print) Date Title May 19, 2006 City of Miami Beach RFP No: 23-05/06 40 of 42 e MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive. Miami Beach, Florida 33139, www.miamibeochfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.673.7851 May 19, 2006 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various contractors that perform auditing services. The information will be used to assist City of Miami Beach in the procurement of auditing services. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company, and City of Miami Beach, would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Pamela Leja by Monday, June 12, 2006 via fax: 305.673.7851; or e-mail PamelaLeia(Ci2miamibeachfl. QOV. Thank you for your time and effort, Gus Lopez, CPPO Procurement Director May 19, 2006 City of Miami Beach RFP No: 23-05/06 41 of 42 e MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490, Fax: 305.673.7851 PERFORMANCE EVALUATION SURVEY Firm Name: Point of Contact: Phone and e- mail Please evaluate the performance of the firm (10 means you are very satisfied and have no questions about hiring them again, 5 is if you don't know and 1 is if you would never hire them again because of very poor performance). NO CRITERIA UNIT 1 Ability to provide professional auditing services (1-10) 2 Qualification of project team (1-10) 3 Timely completion of engagement (1-10) 4 Professionalism and ability to ensure compliance with (1-10) professional standards review 5 Quality of audit reports (1-10) 6 Overall customer satisfaction and hiring again based on (1-10) performance (comfort level in hiring contractor again) Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and e-mail: Date of Services: Dollar Amount for Services: PLEASE FAX THIS QUESTIONNAIRE TO PAMELA LEJA AT 305.673.7851 May 19, 2006 City of Miami Beach RFP No: 23-05/06 42 of 42