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