HomeMy WebLinkAboutExhibit 1McKean
Paul, Chrycy
Fletcher 1 Go.
certified public accountants
6401 Southweri 87th Avenue -
Sure 210
Mlicmi, Florida 33173
To the Partners of
Sanson, Kline, Jacorlino & Company, LLP
Phone (305) 270-0880
For. (305) 598-1011
1M%W MPCtC0M
October 22, 2004
We have reviewed the system of quality control for the accounting and auditing practice of Sarson, Kline, Jacomino &
Company, LLP (`the firm") in effect for t1he year ended Nfay 3) 1, A system of quality control encompasses the
firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance
of conforming urith professional standards. The elements of quality control are described in the Statements on Quality
Control Standards issued by the American Institute of Certified Public Accountants ("the AICPA"). The design of the
system and compliance with it are the responsibility of the firm. Our responsibility is to express an opinion on the design
of the system, and the firm's compliance with die system based on our review.
Our review was conducted in accordance with standards established by the Peer Review Board of the .AICPA. In
performing our review, we obtained an understanding of the system of quality control for the firm's accounting and
auditing practice. In addition, we tested compliance with the firm's quality control policies and procedures to the extent
we considered appropriate. These tests covered the application of the firm's policies and procedures on selected
engagements. Because our review was based on selective tests; it would not necessarily disclose all weaknesses in the
system of quality control or all instances of lack of compliance with it.
Because there are inherent limitations in the effectiveness of any systems of quality control, departures from the system
may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is
subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because
the degree of compliance with the policies or procedures may deteriorate.
Our review disclosed that the firm's policies and procedures for 1) personnel management regarding participation in
industry specific continuing professional education, and 2) documentation of monitoring its system of internal control
were not folllowed in a manner to provide the firm with reasonable assurance of conforming to professional standards.
This matter is discussed in more detail in our letter of comments dated October 22, 2004.
In our opi,ion, except for the deficiencies described in the preceding paragraph, the system of quality control for the
accounting and auditing practice of Sanson, Kline, Jacornino & Company, LLP in effect for the year ended May 31, 2004,
has been designed to meet the requirements of the quality control standards for an accounting and auditing practice
established by the AICPA. and was complied with during the year then ended to provide the firm with reasonable
assurance of conforming with professional standards.
TvfcKEAN, PAUL, CHRYCY, FLETCHER & CO.
Number:
Title:
Issue Date/Time:
Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Git 'of Miami
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E -_Mail Address:
Buyer Facsimile:
Purchasing Department
Miami Riverside Center
444 SW 2n' Avenue, 611 Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
229237
Request for Proposals for Bayfront Park
External Auditing Services
16-JUL-2010
08/03/2010 @ 10:00:00
Friday, July 23rd, 2010 at 10:00 AM
Velez, Pablo
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
pvelez@.miamigov.com
(305)416-1925
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a cop), for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 120 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices. y
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please.print the following and sign your name:
SUPPLIER NAME:
ADDRESS:
PHONE:
EI\WL:
SIGNED BY:
TITLE:
FAX:
BEEPER:
DATE:
FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID.
Page 2 of 39
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation. etc.
Year Established:
Office Location: City of Miami; Miami -Dade County, or Other
Occupational License Number:
Occupational License Issuing Agency:
Occupational License Expiration Date:
Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No.
10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring
Agreement.": (Yes or No)
Do you expect to create new positions in your company in the event your company was awarded a
Contract by the City? (Yes or No)
In the event your answer to question above is yes; how many new positions would you create to
perform this work?
Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration
of all new positions which might be created as a result of this award of a Contract.
Will Subcontractor(s) be used? (Yes or No)
Service Total Contract Amount( which includes base term and renewal options):
Provide brief description of the project or service to be provided.
Page 4 of 39
Line: 1
Description: Annual Flat Fee Proposal for Bayfront Park External Auditing Services.
Category: 94620-00
Unit of Measure: Year
Unit Price: S Number of Units: 5 Total: S
Hourly Rate for Additional
Work:
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Table of Contents
Termsand Conditions........................................................................................................................................7
1. General Conditions..............................................................................................................................7
LL GENERAL TERNS AND CONDITIONS...............................................................................7
2. Special Conditions............................................................................................................................26
2.1. PURPOSE ............................ ...................................................................................................26
22. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION...................... ................................... ..........................
...... 26
2.3. TERM OF CONTRACT .... .......................................... . . ........................................................26
2.4. NON-APPROPRLATION OF FUNDS..................................................................................
26
2.5. MTNTRNM QUALIFICATIONS..........................................................................................26
2.6. CONTRACT EXECUTION...................................................................................................27
2.7. FAILURE TO PERFORM.....................................................................................................27
2.8. INSURANCE REQUIREMENTS.........................................................................................27
2.9. CONTRACT ADMINISTRATOR.........................................................................................29
2.10. SLBCON"TRACTOR(S) OR SUBCONSULTAN,T(S).......................................................29
2.11. COMPLETE PROJECT REQUIRED..................................:...............................................29
2.12. TERMINATION..........................................................................................................
........29
2.13. ADDITIONAL TERMS AND CONDITIONS....................................................................30
2.14. PRIMARY CLIENT (FIRST PRIORITY)...........................................................................30
2.15. CHANGES/ALTERATIONS...............................................................................................30
2.16. FEE PROPOS-AL..................................................................................................................30
2.17. EVALUATION/SELECTION PROCESS ANTI) CONTRACT AWARD ...........................31
2.18. ADDITIONAL SERVICES.................................................................................................31
2.19. RECORDS............................................................................................................................32
2.20. TRUTH IN NEGOTIATION CERTIFICATE.....................................................................32
3. Specifications....................................................................................................................................33
3.1. SPECIFICATIONS/SCOPE OF WORK................................................................................33
4. Submission Requirements.................................................................................................................36
4.1. SUBMISSION REQUIREMENTS . ........... ....................................................................
-......36
5. Evaluation Criteria.............................................................
..39
5.1. EVALUATION CRITERIA .......................................... .................... ............ ....
..................... 39
Page 6 of 39
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Terms and Conditions
1. General Conditions
I.I. GENERAL TERAS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of 525,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals,
Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Code and/or
Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
I.I. ACCEPT_ANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with
the terms herein and be fully in accordance with specifications and of the highest quality. In the event the
roods/equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed response shall be considered an offer on the part of the
bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order.
1.3..ACCEPT.ANCE/REJECTION — The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re -issuance on the goods/services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re -issue this formal solicitation.
1.4. ADDE-NDU IS — It is the bidder's/proposer's responsibility to ensure receipt of all Addendums.
Addendums are available on the City's website at: http://vtinxnv.ci.miami.fl.usiprocurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Altemate Response". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, items, equipment, materials,
and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of this Contract; or any or all of its right, title or interest herein, without City of Miami's prior
written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
and including appellate litigation and any post judgment proceedings. ✓
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposet agrees to
provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any
books; documents, papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
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by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not-for-profit or quasi -governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, detemline shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1. 10, AWARD OF CONTRACT:
A. The Formal Solicitation. Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contractlagreement.
B. The award of a contract where there are Tie Bids will he decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087; Preference
to Businesses with Dru. Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder'sTroposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bidlproposal bond or guaranty, if applicable; as a result of damages or
increased costs sustained as a result of the Bidder'sTroposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify the Bidder/Proposer, in writin_of its intent to extend the contract at the same price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful BidderTroposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determined to be in the City's best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City resen es the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
Page 8 of 39
229237
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
Certified MinorityMlomen vendors may apply to participate in the City's Bid Bond Voucher Program by
contacting the Minority/1,Vomen Business Affairs office.
1.12. RESPONSE FORA? (HARDCOPY FORALAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DANLAGES - Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid. Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or makes, the phrase `OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be
requested if the proposed brand is other than specified by the City, Such samples are to be famished after
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its
operring/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL, EXPENDITURES - Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the Ciry.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control. V
1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illeeal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laves. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping; etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not Iimited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
D.,..a 0 -r 20
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C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Minority/Women Business Affairs Enterprise (M/VdBE) City Ordinances No. 10062, 10538, 11272, as
amended, as applicable to this Formal Solicitation.
E. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
F. uniform Commercial Code (Florida Statutes, Chapter 672).
G. Americans with Disabilities Act of 1990, as amended.
H. National Institute of Occupational Safety Hazards (INrIOSH), as applicable to this Formal Solicitation.
I. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
J. City Procurement Ordinance City Code Section 18; Article III.
K. Conflict of Interest; City Code Section 2-611;61.
L. Cone of Silence, City Code Section 18-74.
M. The Florida Statutes Sections 218.73 and ? 18.74 on Prompt Payment.
N. First Source Hiring Agreement, City Ordinance No. 10032. as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in noway be a cause for relief from responsibility.
Non-compliance With all local; state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. .The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200;000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) between, among others:
Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff
including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City
Commissioners, or their respective staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff regarding MinorityAVomen Business Enterprise
(M/WBE) and local vendor outreach programs; oral communications, provided the communication is
limited strictly to matters of process or procedure already contained in the formal solicitation document; the
provisions of the Cone of Silence do not apply to oral communications at duly noticed site
visits/inspections, pre -proposal or pre-bid conferences, oral presentations before selection/evaluation
committees, contract negotiations during any duly noticed public meeting, or public presentations made to
the Miami City Commission during a duly noticed public meeting; or communications in writing or by
email at any time with any City employee, official or member of the City Commission unless specifically
prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special
Conditions); or communications in connection with the collection of industry comments or the performance
of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to any person upon request. The City shall respond in writing and file a copy
With the Office of the City Clerk, which shall be made available to any person upon request. 'Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Page 10 of 39
229237
Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of
Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be home by the
B i dder(s)/Propo s er(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 15-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than three years. The City Manager shall also have the
authority to suspend a Contractual Parry from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which the violation remains noncompliant.
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(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which a civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a
certification that neither the Contractual Party, nor any of its principal owners or personnel have been
convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall
render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall
be provided promptly to the Contractual Parry, along with a notice of said pain's right to seek judicial
relief.
1.26. DEB 4RRED/SUSPEI\TED VENDORS —An entity or affiliate who has been placed on the State of
Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default_ Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or writh sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assianrnent for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable ofperforrning the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated; together with the cost of completing the work; shall be deducted from any monies due or
which may become due on this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to comply with these requirements may deem a Response
non-responsive.
1.29. DISCOUNTS OFFERED DURLNG TERM OF CONTRACT - Discount Prices offered in the
response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
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successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -.Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence —Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORAL4,NCE - In the event of a hurricane or other emergency_
or disaster situation, the successful vendor shall provide the City witb the commodities/services defined
within the scope of this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Aareement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
133. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation:
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
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3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. Bidden roposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as detemlined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)i?roposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if
exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTII`TATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so maybe cause for rejection of bid/proposal.
1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts; which are to be performed or supplied over a period of time.
1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-145)
(a) The Commission approves implementation of the first -source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities; services, and/or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miatni Capital Development; Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
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(c) The authorized representative shall negotiate each first -source hiring agreement
(d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city
training and employment programs. and other residents of the city.
1.39. FLORIDA AIINIA9UAI RAGE - The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI -W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January 1 St.
At the tune of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder'siproposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40 CITY OF AIL&MI LWENG «'AGE ORDLNA_NCE- The City of Miami adopted a living wage
ordinance for city service contracts awarded by the city containing a total contract value exceeding
S 100;000 annually for the following services: food preparation and/or distribution; security services;
routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and
recycling; clerical or other non -supervisory office work, whether temporary or permanent; transportation
and parking services; printing and reproduction services; landscaping, lawn, and or agricultural services.
If this solicitation requires the aforementioned services, effective on April 1, 2007, contractors must pay
its' employees a living wage no less than 510.92 an hour with a health benefit plan and not less than 512.17
an hour without health benefits, which shall be adjusted annually by no later than April 1 st following the
publication of the U.S Department of Health and Human Services Poverty Guidelines, as published from
time to time.
A service contractor is defined as any "for profit" individual, business entity, corporation, partnership,
limited liability company, joint venture, or similar business: (1) Paid in whole or part from one or more of
the city's general funds; capital project funds, special revenue funds, or any other funds either directly or
indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of
solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (2) The service
contractor is engaged in the business of, or part of a contract or a subcontract to provided covered services,
either directly or indirectly, for the benefit of the city. This does not aply to contracts related primarily to
the sale of products or goods.
The service contractor, prior to entering any such contract. must certify to the city that it will pay each of
its covered employees no less than the living wage. A copy of this certificate must be made available to the
public upon request. The certificate, at a minimum, must include the following.
(1) The name, address, and phone number of the employer, a contact person; and the specific project for
which the service contract is sought;
(2) The amount of the service contract and the city department the contract will serve.
(3) A brief description of the project or service provided;
(4) A statement of the wage levels for all covered employees; and
(5) A commitment to pay all covered employees the living wage.
A copy of the living wave rate shall be kept posted by the service contractor at the site of the work in a
prominent place where it can easily be seen and read by the covered employees and shall be supplied to
such employees within a reasonable time after a request to do so. Additionally, service contractors shall
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furnish a copy of the requirements of the City of Miami Living Wage Ordinance to any entity submitting a
bid for a subcontract on any service contract subject to this article. Posting requirements will not be
required where the service contractor prints the following statements on the front of the covered employee's
first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage
Ordinance to be paid a Living Wage. If you do not believe you being paid at the Living Wage rate, contact
your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and
Creole. V
Service Contractors and their subcontractors agree to produce all documents and records relating to payroll
and compliance this Ordinance. Each service contractor shall maintain payroll records for all covered
employees and basic records relating thereto and shall preserve them for a period of three (3) years from
the date of termination or expiration of the service contr.--t. The records shall contain:
(1) The name and address of each covered employee;
(2) The job title and classification;
(3) The nurnber of hours worked each day:
(4) The gross wages earned and deductions made;
(5) Annual wages paid;
(6) A copy of the social security returns and evidence of payment thereof;
(7) A record of fringe benefit payments including contributions to approved plans; and
(S) Any other data of information the city require from time to time.
Every six months, the service contractor shall file with the city's procurement director a listing of all
covered employees together with a certification of compliance with this article. Upon request from the
city, the service contractor shall produce for inspection and copying its payroll records for any or all of its
covered employees for any period covered by the service contract. The city may examine payroll records as
needed to ensure compliance.
Failure to comply with the City of Miami Living Wage Ordinance may result in legal action by the
covered employee or former covered employee as allowed by Florida Law, court impose sanctions, city
impose sanctions, such as pay wage restitution, impose monetary damages, suspension or termination of
payment, termination of contract, and debarment.
Please review City of Miami Code Section 18-556 through Section 18-559 for a complete and thorough
description of the City of Miami Living Wage. V
1.41. GOVERNING LANV AND VENUE - The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami -Dade County, Florida.
1.42. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifVin , amending or
affecting.in any way the expressed terms and provisions hereof.
1.43. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPA.A) of 1996 and the City
of Miami Privacy Standards. HIPA.A mandates for privacy, security and electronic transfer standards,
which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures,
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to
the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer,-
F.
ustomer;F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
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G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.44. INDEMNIFICATION - The Contractor shall indemnify and save harmless forever the City, and all
the Cit-v's agents, officers and employees from and against all charges or claims resulting from any bodily
injury, loss of life, or damage to property from any act, omission or neglect, by itself r;r its employees; the
Contractor shall become defendant in every suit brought for any of such causes of action against the City or
the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs,
attorney's fees, expenses and liabilities incurred in the defense of any such claims and an,. resulting
investigation.
1.45. INFOR-AIATION AND DESCRIPTIVE LITERATURE—Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each BidderrProposer must submit for evaluation, cuts, sketches, descriptive literature, and
technical specifications covering the products offered. Reference to literature submitted with a previous
response or on file with the Buyer will not satisfy this provision.
1.46. rNSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractors
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.47. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing; whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.48. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coveraee shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City. Information regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130. 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder/Proposer.
1.49. IN V010ES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc).
1.50. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a
responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a
bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten
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percent (10%) in excess of the lowest other responsible and responsive bidder/proposer
1.51. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement, for which the bidder/proposer must bear full liability.
1.52. NIINORITYMIOMEN PROCUREMENT PROGRAM - Ordinance No. 10062, as amended,
entitled the Minority and Women Business Affairs and Procurement Ordinance of the City of Miami,
Florida, sets forth "...a goal of awarding at least 51 percent of the City's total annual dollar volume of all
expenditures for all goods and services to Black, Hispanic and Women minority business enterprises on an
equal basis." A minority business enterprise is defined as a business firm "...in which at least 51 percent of
said enterprise is owned by Blacks, Hispanics, or Women and wbose management and daily business
operations are controlled by one or more Blacks, Hispanics or 1'+ omcn."
To achieve the goal established by these Ordinances, participation in providing goods and services to the
City by minorities is being encouraged in a number of ways. All bidders/proposers doing business with the
City are encouraged to include the participation of minority firms in their response. In evaluating
bids/proposals for detennination of awards, minority participation may be a factor. Failure to adequately
involve minority firms may be a basis for rejecting any and all responses.
Possible ways to include minority participation would involve:
A. Joint venture with a minority firm(s)
B. Utilizing minority firm(s) as subconrractor(s).
C. Utilizing minority firm(s) to supply goods and/or services.
D. Successful implementation of well defined affirmative action program.
E. Other forms of minority participation, if properly documented.
Successful bidders)/proposer(s) shall be required to establish an Affirmative Action Plan, if not, an
Affirmative Action Policy shall be established, pursuant to Ordinance -10062 as amended. Effective date
of implementation must be indicated on the policy.
A "Minority Status Information Sheet" is provided to assist bidders/proposers in presenting information
conceming minority participation.
Minority and women -owned business firms are encouraged, but not required, to register with the City prior
to submitting a response. The Purchasing Department, Minoriry.Ndomen Business Affairs Office; -rill
provide the necessary forms and instructions upon request. All bidders/proposers are urged to submit
responses for any goods or services that they are able to supply, regardless of minority classification.
However; compliance with all requests for information regarding Minority/Women Status or Participation
is required. Bidder's/Proposer's cooperation is greatly needed to aid the City in achieving its goal.
Bidders/Proposers may contact this Office at (305) 416-1913 for information.
1.53. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment; or supplement to the
contract; purchase order or award sheet as appropriate.
1.54. NO INTEREST IN BIDDING - If you do not wish to respond, please return the "Statement of No
Bid" form; staring the reason. Failure to submit a response after three (3) tunes without a sufficient
justification of "No Bid" will be cause for removal from the Vendor/Bidder's list.
Vendors are encouraged to register on-line by visiting the City's website at
http://w,u,w. ci.miami. flus/procurement
1.55. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.56. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance
with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
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by other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.57. NONDISCRIMINATION—Bidder/Proposer agrees that it shall not discriminate as to race, sex,
color, age, religion, national origin, marital status, or disability in connection with its performance under
this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall
solely by reason of his/her race, sex, color, age, religion, national origin; marital status or disability be
excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any
program or activity.
In connection with the conduct of its business; including performance of services and employment of
personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national crigin.A I persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its
best interest, the City of Miami reserves the right to advertise for; receive; and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements; or other similar sources for the purchase of these _goods and/or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal. Solicitation.
In addition; any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the Cin=..
1.59. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1; .Article I of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.60. ONE PROPOSAL - Only one (1) Response from an individual, firm: partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. 'When submitting an alternate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.61. O`NNERSMP OF DOCUMENTS - It is understood by and between the parties that any documents,
records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer
pursuant to this formal solicitation shall at all times remain the property,of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.62. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
1.63 PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of this Contract; in an amount equal to one hundred
percent (100%) of the contract price.
1.64. PREPARATION OF RESPONSES (HARDCOPY FORMAT)—Bidders/Proposers are expected to
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examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry; as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described; must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract; the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE.
1.65. PRICE ADJUSTNIENTS — Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Miami.
1.66. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.67. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Contract. V V
1.65. PROMPT PAYMENT—Bidders/Proposers may offer a cash discount for prompt payrnent.- however:
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final
acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will eominence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
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is authorized. If a discount is pan of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period conunencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the tern of the contract.
1.69. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.70. PROVISIONS BINDING - Except as otherwise expressly provided in this Contract, all covenants,
conditions and provisions of this Contract shall be binding upon and shall inure to the benefit of the patties
hereto and their respective heirs, legal representatives, successors and assigns.
1.71. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any
goods or services to a public entity, may not.submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
1.72. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. ,Contractors failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.73. QUALITY OF GOODS, MATERLALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All
materials used in the manufacturing or construction of supplies; materials; or equipment covered by this
solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.74. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality
and workmanship. Materials .furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.75. REAIEDIES PRIOR TO AWARD (See. I8-106) - If prior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the lazy. V
1.76. RESOLUTION OF CONTRACT DISPUTES (See. 15-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than $25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manaeer.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the
protesting party, along with a notice of such party's right to seek judicial relief, provided that.the protesting
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parry shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.77. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 15-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed 525,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
u. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. Any actual proposer who perceives itself aggrieved in connection with the recommended award of
Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be
filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the
City Manager's recommendation for award of Contract. The receipt by proposer of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
assigning points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the
solicitation or the award is based, and shall include all pertinent documents and evidence and shall be
accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review
of the written protest and no facts, grounds, documentation or evidence not contained in the protester's
submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the
consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is
neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be
excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
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protest. In cases involving more than $25;000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Conunission after a favorable reconunendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a parry to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a protest pursuant to this section. The protesting parry shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided
in subsection (b) above, unless the City Manager makes a written determination that the solicitation process
or the Contract award must be continued without delay in order to avoid an immediate and serious danger
to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or
cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed
Contract, or 55000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above. V
1.78. SAMPLES - Samples of items, when required, must be submitted within the time specified at no
expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.79. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.80. SERV"ICE AND WARRANTY —,A hen specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer`s warranty, if applicable,
should be submitted with your response.
I.81. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and correct type, size and design are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services; to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.82. SUBNIISSION A1ND RECEIPT OF RESPONSES - Responses shall be submitted electronically via
the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan .American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solcitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
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title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Fonns may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non-responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. L'S] SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I
BLOCK TURN RIGHT ON PAN .AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURD' RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURD' LEFT, 1 BLOCK TURN RIGHT ON PAN
AIMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. Alt modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in 1.82.A.
1.83. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the BiddcvProposer for
the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08;
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.84. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
following apply:
A. The contractor is determined by the Cit} to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.85 TERA4S OF PA i?1 IENT - Payment will be made by the City after the goods and/or services awarded
to a Bidder/Proposer have been received; inspected, and found to comply with award specifications, free of
damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of
Miami.
Payment shall be made after delivery; within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Florida Statute 218.74 and other applicable law.
1.86. TIA'IELY DELIVERY - Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
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delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions. .
1.87. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted
the Goods/equipment or used the goods, whichever comes first.
1.88.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for `trade secrets.'
If the Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnit, and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim.
1.89. UNAUTHORIZED RVORK OR DELIVERY OF GOODS- Neither the qualified
Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a
change order or purchase order is issued and received by the Contractor. The qualified
Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the
contract or any work performed by an employee not otherwise previously authorized.
1.90. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other
publicity purposes. No advertising, sales promotion or other publicity materials containing information
obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.91. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for external auditing services for the Bayfront
Park Management Trust (hereinafter the "Trust'), as specified herein, from a source(s) of supply that will
sive prompt and efficient service.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORAIATION/CLARIFI CATION
Any questions or clarifications concerning this solicitation shall be submitted by mail, email or facsimile to
the Purchasing Department; Atm: Pablo Velez; fax: (305) 400-5340 or email: pvelez@miamigov.coin
The solicitation title and number shall be referenced on all correspondence. All questions must be received
no liter than Friday, July 23rd, 2010 at 10:00 AM. All responses to questions will be sent to all prospective
bidders/proposers in the form on an addendum. NO QUESTIONS 'WILL BE RECEI�,ED VERBALLY
OR AFTER SAID DEADLINE.
2.3. TERAI OF CONTRACT
The Proposer(s) qualified to provide the service(s) requested herein (the `Successful Proposer(s)") shall be
required to execute a contract (`Contract") with the Trust and/or Cin-, which shall include, but not be
limited to, the following terms:
(1) The term of the Contract shall be for an initial one (1) year period with an option to renew for four
(4) additional one (1) year periods.
(2) The City shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period or termination of the same is a Trust and/or City
prerogative; not a right of the Bidder/Proposer. This prerogative will be exercised only when doing so is
clearly deemed in the best interest of the Trust and/or City.
2.4. NON _APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or
his assignee of such occurrence, shall have the unqualified right to terminate the contract without any
penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any
project(s) will be awarded to any firm(s).
2.5. MIIVINIUM QUALIFICATIONS
Proposers shall satisfy each of the following requirements cited below. Proposers who do not meet the
minimum qualification requirements or who fail to provide supporting documentation will be deemed
non-responsive. ✓
A. Proposer shall be knowledgeable in Federal and State statutes, including Governmental
Accounting Standards Board (GASB) Statement 34, reporting requirements under the Office of
Management and Budget (OMB) Circular A-133, "Audits of State and Local Govermnent", regulations
and guidelines applicable to municipalities in the State of Florida, and shall conduct the audit in accord
with these existing requirements, or as may be pronounced during the period or term of this audit
engagement. V
B. Proposer shall employ a minimum of at least one full-time certified public accountant (CPA) who
shall be assigned to this audit.
C. The Proposer's engagement team shall be members of the American Institute of Certified Public
.Accountants. Key members of the team shall be members of the Florida Institute of Certified Public
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.Accountants Proposer shall be of recognized ability and standing in the service of governmental
audits.
D. Proposer shall have at least three (3) years of experience in.governmental auditing, preferably
municipal.. V
E. Proposer shall maintain a permanent office in the City of Miami, Miami -Dade or Broward
County. Personnel assigned to this audit shall be based in the City of Miami and/or Miami -Dade
County.
F. Proposer shall be in good standing to practice before the Securities and Exchange Commission.
G. The Proposer and assigned auditor shall be licensed by the State of Florida Department of
Business & Professional Regulation and the Board of Accountancy to practice in the State of Florida.
2.6. CONTRACT EXECUTION
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation;
shall be awarded.an opportunity to negotiate a contract ("Contract") with the Trust and/or City. The Trust
and/or City reserve the right to execute or not execute, as applicable a Contract with the selected
Proposers) that is determined to be in the Trust's and/or City's best interest. Such Contract will be
furnished by the Trust and/or City, will contain certain terms are in the Trust's and/or City's best interests,
and will be subject to approval as to legal form by the City Attorney.
2.7. FAILURE TO PERFOR.NI
Should it not be possible to reach the Contractor or Supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the Trust and/or City reserve the right
to declare Contractor or Supervisor in default of the Contract or make appropriate reductions in the
Contract payment.
2.8. V6URA_NCE REQUIREMENTS.
INDEMNIFICATION
Bidder shall pay on behalf of, indemnify and save the Trust and/or City and its officials harmless, from and
against any and all claims, liabilities, losses; and causes of action, which may arise out of Bidder's
performance under the provisions of the contract, including all acts or omissions to act on the part of
Bidder, including any person performing under this Contract for or on Bidder's behalf, provided that any
such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct
of the the Trust and/or City and, from and against any orders, judgments or decrees which may be entered
and which may result from this Contract, unless attributable to the negligence or misconduct of the Trust
and/or City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense
of any such claim, or the investigation thereof.
The Bidder shall furnish to the City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th
Floor, Miami, Florida, 33130, Certificate(s) of Insurance which indicate that insurance coverage has been
obtained which meets the requirements as outlined below: v
I. Commercial General Liabilih'
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence S 1,000,000
General Aggregate Limit S2,000,000
Personal and Adv. Injury S 1,000,000
Products/Completed Operations S 11000,000
B. Endorsements Required
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City of Miami included as an Additional Insured
Bayfront Park Management Trust included as an Additional Insured
Employees included as insured
Contractual Liability
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
.Any Auto
Including Hired, Borrowed or Non-Oumed Autos
Any One Accident S 1;000,000
B. Endorsements Required
City of Miami included as an Additional Insured
Bayfront Park Management Trust included as an Additional Insured
'111. Worker's Compensation
Limits of Liability
Starutory-State of Florida
Waiver of Subrogation
IV. Employer's Liability
A. Limits of Liability
S 100,000 for bodily injury caused by an accident, each accident
S 100;000 for bodily injury caused by disease, each employee
5500,000 for bodily injury caused by disease, policy limit
V. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim S1.000.000
General Aggregate Limit 51,000,000
Deductible- not to exceed 10%
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the Bidder.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial
strength, by the Iatest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
written advance notice to the certificate holder.
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NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the Bidder of liability and obligation under
this section or under any other section of this Agreement.
—If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10)
calendar days in advance of such expiration.
—In the event that expired certificates are not replaced with new or renewed certificates which cover.
the Contractual period, the Trust and/or City shall:
(4) Suspend the Contract until such time as the new or renewed certificates are received by the City in
the manner prescribed in the Invitation for Bid.
(5) The Trust and/or City may, at its sole discretion, terminate this Contract for cause and seek
re -procurement damages from the Bidder in conjunction with the General Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance, certificates required in conjunction with this
Section remain in force for the duration of the contractual period; including any and all option terms that
may be granted to the Bidder.
2.9. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Timothy F. Schmand, Executive Director for
the Bayfront Park Management Trust, who shall be designated as the Contract Administrator.
2.10. SUBCONTRACTORS) OR SUBCONSULTANT(S)
A Sub -Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer
or Proposer's firm to assist in the performance of services required under this Solicitation. A
Sub -Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the Trust and/or
City. Sub -Contractors are allowed by the Trust and/or City in the performance of the services delineated
within this Solicitation. Proposer must clearly reflect in its Proposal the major Sub -Contractors to be
utilized in the performance of required services. The Trust and/or City retain the right to accept or reject
any Sub -Contractors proposed in the response of Successful Proposer or prior to contract execution. Any
and all liabilities regarding the use of a Sub -Contractor shall be bome solely by the Successful Proposer
and insurance for each Sub -Contractors must be maintained in good standing and approved by the Trust
and/or City throughout the duration of the Contract. Neither Successful Proposer nor any of its
Sub -Contractors are considered to be employees or agents of the Trust and/or City. Failure to list all
Sub -Contractors and provide the required information may disqualify any proposed Sub -Contractors from
performing work under this Solicitation.
Proposers shall include in their Responses the requested Sub -Contractor information and include all
relevant information required of the Proposer. In addition, within five (5) working days after the
identification of the award to the Successful Proposer, the Successful Proposer shall provide a list
confirming the Sub -Contractors that the Successful Proposer intends to utilize in the Contract, if applicable.
The list shall include, at a minimum, the name, location of the place of business for each Sub -Contractor,
the services Sub -Contractor will provide relative to any contract that may result from this Solicitation; any
applicable licenses, references, ownership, and other information required of Proposer.
2.11. COMPLETE PROJECT REQUIRED
These specifications describe the various items or classes of work required, enumerating or defining the
extent of same necessary, but failure to list any item or classes under scope of the several sections shall not
relieve the contractor from furnishing, installing or performing such work inhere required by any part of
these specifications, or necessary to the satisfactory completion of the project.
2.12. TERMINATION
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A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days
after written notice of default, the Trust may terminate this Contract, in whole or in pan, upon written
notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages
including the excess cost of procuring similar goods or services: provided that if, (1) it is detennined for
any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or
his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the
convenience of the City of Miami.
B. FOR COI VENIENCE
The Trust may tenninate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interests of the City of Miami. If this Contract is for goods and so terminated for convenience by
the City of Miami the Contractor will be compensated in accordance with an agreed upon adjustment of
cost. To the extent that this Contract is for services and so terminated, the Citv of Miami shall be liable
only for payment in accordance with the payment provisions of the Contract for those services rendered
prior to termination.
2.13. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the bid response shall be evaluated or considered, and
any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
bid. If submitted either purposely, through intent or design. or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties. it is understood and agreed that the
General and Special Conditions in this bid solicitation are the only conditions applicable to this bid and that
the bidder's authorized signature affixed to the bidder's acknowledgment form attests to this.
2.14. PRIDIARY CLIENT (FIRST PRIORITY)
The Successful Bidder(s) agree upon award of this contract that the Trust and/or City of Miami shall be its
primary client and shall be serviced first during a schedule conflict arising between this contract and any
other contract Successful Bidder(s) may have with any other cities and/or counties to perform similar
services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other
public emergency impacting various areas during or approximately the same time.
2.15. C1=LA.NGES/ALTERATIONS
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however,
no oral modifications will be allowed. Written modifications shall not be allowed following the proposal
deadline.
2.16. FEE PROPOSAL
Proposer(s) shall submit a Flat Fee Proposal for each year of the Contract comprising of the initial one (1)
year period and each of the four (4) one (1) year option to renew periods as well. Proposer(s) shall provide
within its Fee Proposal its total fee for the auditing services pursuant to the scope of services reflected
herein. It shall be the responsibility of the Proposing Firms to make such cost estimates based on due
diligence necessary to provide a comprehensive audit while taking changing conditions and accounting
requirements into consideration. V V
The Proposing Firm shall provide a comprehensive fee schedule relating to the performance of all these
required services for the initial one (1) year period and each of the four (4) one (1) year option to renew
periods of the contract. Itemized costs shall include hourly rates, number of hours anticipated for
completion, the job classification of individuals (i.e. Staff Auditor, Sr. Auditor, Manager, Partner, etc.)
required to perform these services, and the specific aspect of the service each shall perform; shall be
itemized and totaled. All costs to be charged to the Trust shall be included in the Fee Proposal, including
any administrative, travel; or other similar charges that may correpond to performing the services outlined
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herein.
Additionally, Proposer shall provide one single hourly rate to be used for any additional work, which may
be requested by the City and which is outside the scope of the Contract. Proposer shall also indicate any
additional services and fees Proposer can provide and which are not specifically listed herein this RFP.
Failure to submit compensation proposal as required shall disqual, Proposer froth consideration
2.17. EVALUATION/SELECTION PROCESS AND CONTRACT ANVARD
An Evaluation Committee shall be created by the Trust and shall be approved by both the Executive
Director of the Trust and the City Manager for the evaluation of each proposal and determination of that
firm, corporation; joint venture, partnership, individual, or other legal entity most advantageous to the Trust
and in its best interest. The Trust may require an oral presentation from the Proposer(s).
The Evaluation Committee shall review and evaluate all proposals and shall be responsible for
recommending to the Executive Director of the Trust and the City Manager the most qualified firm with
whom to negotiate a Contract thereafter Trust and City Commission approval of a recommendation of
award for the same.
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issuance.
(2) Receipt of responses.
(3) Opening and listing of all responses received.
(4) Purchasing staff shall review all submittals for compliance with the submission requirements of the
Solicitation, including verifying that each submittal includes all documents required..
(S) The Evaluation Committee, appointed by the Trust and approved by both the Executive Director of
the Trust and the City Manager, shall be comprised of members with the appropriate technical expertise
and/or knowledge and shall meet to evaluate each response in accordance with the requirements of this
Solicitation and based upon the the evaluation criteria as specified herein.
(6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers make oral
presentations before the Committee as part of the evaluation process. The presentation may be scheduled at
the convenience of the Evaluation Committee and shall be recorded.
(7) The Evaluation Committee reserves the right to rani, the proposals and shall submit its
recommendation to the Trust for acceptance. If the Trust accepts the Committee's recommendation, a notice
of the Trust's recommendation for award of contract shall be sent to all Proposers. The Trust shall make
their recommendation to the City Commission requesting authorization to negotiate and/or execute an
agreement with the recommended Proposer. No Proposer shall have any rights against the City arising from
such negotiations or termination thereof.
(8) The Trust reserves the right to proceed as follows: reject the Committee's recommendation and
instruct them to re-evaluate and make another recommendation, reject all proposals, or recommend that the
City Commission reject all proposals.
(9) The City Commission shall consider the Trust and Evaluation Committee recommendation(s) and, if
appropriate and required, shall approve the recommendation(s). The City Commission may also reject any
or all responses.
(10) If the City Cornmission approves the recommendations, the Trust will enter into negotiations with the
selected Proposer for a contract for the required services. Such negotiations may result in acceptance or
rejection of the Contract.
(11) The City Commission shall then review and approve the negotiated Contract with the selected
Proposer(s). v
2.18. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
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2.19. RECORDS
During the contract period, and for a period of three (3) years thereafter, Successful Proposer shall make
its work papers, records and other evidence and documents relating to such work available to its successor
and the Trust and/or City, including its designees. Successful Proposer shall maintain and keep, or cause to
be maintained and kept, a full, complete and accurate record and account of all Gross Revenues arising or
accruing by virtue of its operations conducted at, or from, Bayfront Park Trust for each day of the term and
shall make available for inspection and audit by the Trust and/or City, and its duly authorized agents or
representatives, in accordance with generally accepted accounting procedures. It shall also be understood
that this is subject to the provisions dealing with public records requirements of the Florida Statutes.
2.20. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution of
rruth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation of the resulting Agreement are accurate, complete, and current at the time of contracting.
The original contract price and any additions thereto shall be adjusted to exclude any significant sums by
which the Trust and/or City determine the contract price was increased due to inaccurate; incomplete, or
non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one
(1) year following the end of the Agreement.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
3.1 BACKGROUND INFORMATION
The Bayfront Park Management Trust was created and established as a limited agency and instrumentality
of the City. The purpose of the Trust is to direct, operate, manage and maintain all aspects of the City
owned property known as Bayfront Park (hereinafter the "Park"), for the purpose of insuring maximum
community utilization and enjoyment. The Trust shall endeavor to attract organized activities and
functions to the Park consistent with this purpose. The Trust shall have the power to do all things
necessary to direct, manage and maintain Bayfront Park, subject at all times to City Commission approval
and any existing contractual obligation.
Please refer to Attachment A to the Header Section herein for the Fiscal Year 2009/2010 Bayfront Park
Management Trust Operating Budget. Please also refer to Attachment B to the Header Section herein as
well for the most recent Management Letter and Audited Financial Statements Report for Fiscal Year (FY)
ended September 30, 2009. Please note that the auditing fees for the previous three (3) years are as
follows:
FY 2006/2007 519,880.00
FY 2007/2008 521.000.00
FY 2008/2009 $22.000.00
Please find below a Scope of Services that includes, but is not limited to, the following auditing needs of
the Trust for the specified fiscal years. The City contemplates an initial contract term between the Trust
and the Successful Proposer of one (1) year with an option to renew for four (4) additional one (l) year
periods. Please be advised that the Trust and the City must approve the recommendation prior to contract
execution. An amendment to the Contract must be executed to reflect any changes to the Scope of
Services.
The Trust encourages those who meet the minimum qualifications to submit a proposal. However. Trust
policy does not allow auditing firms to serve as auditor for consecutive terms.
3.2 SCOPE OF SERVICES
The Successful Proposer shall provide, at a minimum, the following professional auditing services:
A. The audit shall be performed in compliance within the requirements of:
(a) Chapter 79-589 and any other applicable Florida Statutes.
(b) Regulations of the State of Florida Department of Banking and Finance.
(c) Rules of the Auditor General, State of Florida, Chapter 10-550 (Local Government Audits) and
Chapter 10-600 (Audits of state grants and aids appropriations under the Florida Statutes).
(d) Audits of State and Local Goverment Units, issued by the American. Institute of Certified
Public Accountants.
(e) OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations,
Office of Management and Budget.
(f) United States Single Audit Act of 1984.
(g) United States Single Audit Act Amendments of 1996.
(h) State of Florida Single Audit Act.
(i) Statements on Generally Accepted Auditing Standards (GAAS).
(j) Government Auditing Standards, issued by the Comptroller General of the United States.
(k) Generally accepted governmental accounting standards.
(1) State of Florida Auditor General Selection Guidelines, 2007, prepared by the Auditor Selection
Task Force.
(m) Any other applicable federal, state, local regulations or professional guidance not specifically
listed above as well as any additional requirements, which may be adopted by these
organizations in the future.
B. A management letter shall be issued informing the Trust of any material weaknesses in the system
of internal control as uncovered by their examination, and to make known their recommendations
which, if implemented, would, in the Successful Proposer's opinion, increase efficiency, improve
management and improve internal control. The Trust expects the auditor to express an opinion on the
fair representation of its basic financial statements in conformity with applicable generally accepted
accounting principles.
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C. The Successful Proposer agrees to schedule their work to perform a substantial portion of the fiscal
year 2009-2010, prior to the end of calendar year 2010 and in like manner for each, if any, option to
renew years. The Successful Proposer shall use reasonable best efforts, subject to the requirements of
applicable professional standards, to complete the field examination of the annual audit by December
31 st, and to make its report no later than January 31 st, 2011 and January 31 st, 2012 and so on for each
respective audit year.
D. It shall be understood the work papers for the audit engagements are the property of the Successful
Proposer and shall constitute confidential information which the Successful Proposer shall hold locally
for minimum period of three (3) years. However, pursuant to Government Auditing Standards, the
auditors shall be required to make certain work papers available to federal and state regulatory
agencies npon request for their reviews of audit quality and use by their auditors. Access to the
requested work papers shall be provided to the regulators under supervision of the auditor's personnel.
E. The auditor shall submit a full and complete management letter which shall identify any
management weaknesses observed, assess their effect on financial management and propose steps to
correct or eliminate those weaknesses and provide its findings to, the City Manager and designee(s),
the Audit Advisory Committee; the Bayfront Park Management Trust, and/or the City Commission
during and after the audit, in writing for formal presentation. The Successful Proposer shall provide a
report to the Bayfront Park Management Trust and/or the City Commission no later than January 31 st,
2011, and January 31 st, 2012 and so on for each respective audit year.
F. The auditor shall assist the Trust with the implementation of any updated Governmental
Accounting Standards Board (GASB) pronouncements.
G. Timeliness is critical in the performance of the audit. The auditor shall coordinate with the Trust
Finance Director and/or any other designated representative (s) of the Trust during the audit.
H. The auditor shall duplicate and provide the Trust with thirty (30) copies of the audited Financial
Statements.
I. The audit shall be an annual audit as defined in Section 11.45 (1)(b), Florida Statutes, and shall be
conducted in accordance with generally accepted auditing standards as well as the standards listed
above.
J. The partner in charge of the audit and the audit manager or other CPA assigned to the audit shall
communicate with the Executive Director of the Trust or designee(s) as deemed necessary.
K. The auditor shall report to the Trust, at least weekly, the status of any potential audit adjustments
so that the Trust may have adequate opportunity to investigate, gather information and respond if
necessary. V
L. The auditors agree to notify the Trust immediately if any regulatory or other government agency
requests a review of the audit work papers concerning the Trust or any other government client audited
by the auditor.
M. The auditor agrees to notify the Trust immediately should any disciplinary actions be taken or
complaints be filed with any regulatory bodies against any of the auditor firm's staff or the fuze itself.
N. The auditor must designate two (2) "key" members of the audit team one of whom must be a
Florida licensed Certified Public Accountant. The Trust shall reserve the right to approve any
substitutions or changes in those staff designated as "key".
O. Auditor shall provide the Trust with a copy of each external quality control review (peer review)
conducted during the time period engaged by the Trust. In the event that a frrn has been formed so
recently that no peer reviews have been undertaken. the Successful Proposer shall state as so in the
response to the Request for Proposal (RFP). If available, the Successful Proposer shall submit peer
reviews from any predecessor firms; however, a newly formed firm will not be eliminated from the
proposal process simply because no peer reviews have been conducted in the new firm's name.
P. The Trust shall require the auditor's assistance to comply with GASB 34 reporting requirements.
The auditor shall be required to provide technical advice and reasonable assistance as requested per the
Contract.
Q. The auditor shall agree to use Trust staff in preparation of supporting schedules, reconciliation's
and document retrievals. Prior planning and explicit instruction are paramount for timely performance
in this regard. The auditor shall provide the Trust with a list of all schedules to be prepared by
the Trust. The Trust staff will be available for the provision of any such information requested by the
229237
auditor.
-The Trust reserves the right to add, delete or modify the scope of services at any time during the contract
period with the Successful Proposer.
3.3 INFORAIATION PROVIDED TO THE SUCCESSFUL PROPOSER
The Trust will provide, at a minimum, the following information to assist the auditor in performing the
annual audit:
(a) Fiscal Year 2009-2010 Bayfront Park Management Trust Operating Budget (Attachment A to the
Header Section herein).
(b) Management Letter and .Audited Financial Statements Report for Fiscal Year Ended September 30,
2009 (_Attachment B to the Header section herein).
(c) Other information requested by the auditor and mutually agreed upon by the Executive Director of
the Trust.
3.4 FEES FOR SERVICES
Proposer shall submit a Flat Fee Proposal for the initial contract tern of one (1) year and for each of the
four (4) one (1) year options to rene-w. Significant extenuating circumstances will be considered by the
City in determining whether any adjustments should be made to the proposed rates for future years.
The fee proposal for the initial term of one (1) year must also provide a breakdown which differentiates the
start-up costs associated with the engagement, additional costs associated with first year audit; as well as,
and the total fee proposed for that year of the engagement.
Additionally, provide a fee schedule for the complete audit, and one single hourly rate to be used for any
additional work, which may be requested by the Trust, which is outside the scope of the contract. Discuss
any additional services and fees for any other services Proposer can provide and which are not specifically
listed within this RFP.
Failure to submit fee proposal as required and in the format described above, shall disqualify Proposer from
consideration.
Subject to negotiation, a progress payment not to exceed 75% of the total fee may be made upon the
request of the Successful Proposer upon completion of the audit fieldwork. Final payment shall be made
upon receipt and acceptance of the final audit report by the Trust and upon request by Successful Proposer.
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4. Submission Requirements
4.1. SUBMISSION REQUIREI'IENTS
Proposers shall carefully follow the format and instruction outlined below, observing format requirements
where indicated. Proposals should contain the information itemized below and in the order indicated. This
information should be provided for the Proposer and any sub -consultants to be utilized for the work
contemplated by this Solicitation. Proposals submitted which do not include the following items may be
deemed non-responsive and may not be considered for contract award.
The response to this solicitation shall be presented in the following format. Failure to do so may
deem your Proposal non-responsive.
4.1 INSTRUCTIONS TO PROPOSERS
The purpose of this Request for Proposals (RFP) is to hire a qualified and experienced independent
Certified Public Accountant(s) licensed to practice in the State of Florida. which may be a firm,
corporation, joint venture, partnership or other legal entity, to provide external auditing services to
the Bayfront Park Management Trust. Therefore, only fully capable, experienced. and qualified Proposers
should submit Proposals in response to this Request for Proposals (RFP).
Sub -consultant firms, included as part of Proposer's Proposal, shall stand on their own merits and shall be
evaluated accordingly. In addition, any firm(s) involved in a joint venture in its Proposal will be evaluated
individually, as each firm of the joint venture shall also have to stand on its own merits. Information
provided by Proposer shall also be provided for each proposed entity member of its team.
Throughout this Request for Proposals (RFP), the phrases "must" and "shall" will denote mandatory
requirements. Any Proposer's proposed system that does not meet the mandatory requirements is subject to
immediate disqualification.
4.2 PROPOSAL FORMAT
The following documentation shall be included as a minimum in the Proposal:
Proposers shall submit ONE (1) ORIGINAL AND SEy`EN (7) COPIES OF THE SIGNED AND
DATED PROPOSAL Roth all required documentation to the Office of the Cit} Clerk. Attention:
Priscilla A. Thompson. 3500 Pan American Drive. First Floor. Miami. Florida 33133 no later than
the date and time specified herein. Proposals shall be submitted in hard copti• format 00.7.
Electronic submittals -Rill not be accepted.
The response to this solicitation shall be clearly marked on the outside of the envelope/package
referencing RFP No. 229237 for Bailront Park External Auditing Services. Failure to comply "ith
the response submittal requirements herein may result in the proposal being deemed non-responsive.
1. Cower Page
The Cover Page shall include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the
Contract: Primary Office Location; Local Business Address (if applicable); Business Phone and Fax
Numbers; Email Addresses; Title of the RFP; RFP Number; Federal Employer Identification Number
or Social Security Number.
2. Table of Contents
The table of contents shall outline, in sequential order, the major sections of the Proposal as listed
below, including all other relevant documents requested for submission. All pages of the Proposal,
including the enclosures, shall be clearly and consecutively numbered and shall correspond -with the
table of contents.
3. Executive Summary
A signed and dated summary of not more than two (2) pages containing Proposer's overall
Qualifications and Experience and Technical Qualifications, as contained in the submittal. Proposer
shall include the name of the organization, business phone and contact person and a summary of the
work to be performed.
4. Proposer's Qualifications and Experience
a) Describe the Proposer's organizational history and structure; provide a brief history of the firm,
including years Proposer andJor firm has been in business providing a similar service(s), and indicate
whether the Trust or the City of Miami has previously awarded any contracts to the Proposer/firm.
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b) Provide a list of all principals/owners, directors, and key personnel that shall be assigned to this
engagement, including the supervision/organization of said individuals, specific work to performed by
each, and the percentage of their overall involvement in performing said services. .Any substitution
of key members of the audit team shall be subject to the Trust' approval.
c) Provide detailed relevant, auditing experience and resumes of Propose. firm and key professional
staff to be assigned to this engagement, particularly governmental experience of a similar scope.
Resumes should detail all experience, particularly, goverrunental auditing experience and any
municipal audit experience, including utility and grant audits, for at least the past three (3) years. The
name of the entity(s) and the dates services were performed shall be included. The Trust reserves the
right to verify references as part of the evaluation process.
d) Provide not less than a List of three (3) references within the past five (5) years for whom similar
services were performed. Include the overall value of the contract, the term of the contract, and include
the address, phone numbers) and contact persons within each organization. The Trust reserves the
right to contact any reference as part of the evaluation. In the event that a firm has been formed sc
recently that no government auditing references are available for the newly formed firm, the Proposer
shall state as so in the response to the RFP. If available, the Proposer may also submit governmental
auditing references for any predecessor firms.
e) Provide copies of resumes and describe meaningful governmental auditing experience of partners,
managers, other key staff members; and other supervisory staffassigned to the Trust account,
including names and overall work to be performed. The Trust reserves the right to contact any
reference as part of the evaluation process.
f) Provide copy(s) of the Certified Public Accountant (CPA) license for all individual CPA's assigned
to the audit and for the firm in the State of Florida Department of Business and Professional
Regulation.
g) Provide documentation concerning membership in the American Institute of Certified Public
Accountants (AICPA) and membership of key members of the audit team in the Florida Institute
of Certified Public Accountants (FICPA)
h) Provide positive affirmation that all CPA's assigned to the engagement have properly maintained
Continuing Professional Education (CPE) in governmental accounting as required by the Board of
Accountancy.
i) Provide a current resume of each Sub -Consultant, if used. Proposer shall identify all Sub -consultants
and those services to be performed by each. Proposer shall provide the Sub -Consultants' qualifications
and experience in detail, highlighting all similar experience as addressed in this RFP and anticipated to
be performed by each of the same. Proposer shall provide for each Sub -consultant the same
information required of the Proposer. The Trust retains the right to accept or reject any
Sub -Consultants proposed. The Trust reserves the right to contact any reference as part of the
evaluation process.
j) Identify the information and assistance expected from the Trust.
5. Proposer's Technical Qualifications
a) Provide location of the office from which the audit will be conducted.
b) Provide a brief description of the audit procedure to be followed.
c) Provide a tentative schedule for performing key aspects of the audit.
d) Provide recent, current and projected workload of Proposer, and auditors assigned to the Trust
account.
e) Provide copy(s) of most recent tura (2) external quality control reviews (peer reviews) which
included a review of specific government engagements.
f) Provide results of any federal of state desk review or field audits during the past three years.
g) Provide a response to the requirements of the Trust including the Proposer's overall ability and
capability to provide required services to the Trust.
h) Describe ability to provide the Trust with an analysis of current developments concerning
pronouncements of the Governmental Accounting Standards Board (GASB) and the Financial
Accounting Standards Board (FASB).
i) Disclose any impediments to independence, as defined by the AICPA of the firm and/or employees
11— 17 f 1Q
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assigned to the audit engagement.
j) Describe any litigation or proceeding against Proposer, its partners, managers, other key staff
members, within the past three (3) years. Provide any circumstances and status of any disciplinary
actions taken or pending against the Proposer, its partners, managers, other key staff members, by the
state regulatory bodies or professional organizations or where a court or any administrative agency has
ruled against its professional activities or performance. State the nature of the litigation, a brief
description of each case, the outcome or projected outcome, and the monetary amounts involved.
k) Describe any bankruptcies involing the Proposer, its partners, manager, or other key staff members,
if applicable.
6. Fees for Services
a) Submit a Flat Fee Proposal for the initial contract term of one (1) year and for each of the four (4)
one (1) year options to renew, if awarded to Proposer. Failure to submit fee proposal will disqualify
Proposer. Include a comprehensive fee schedule relating to the performance of all required services
for each year of the contract. Itemized costs, to include hourly rates, number of hours anticipated, the
job classification of individual(s) (i.e. Staff Auditor, Sr. Auditor, Manager; Partner, etc.) required to
perform these services, and the specific aspect of the service corresponding to each individual shall be
itemized and totaled. All costs to be charged to the Trust shall be included in the fee proposal,
including any administrative, travel, or other similar charges that may correspond to performing the
services outlined.
b) In addition to the fee schedule for the complete audit, provide one single hourly rate to be used for
any additional work, which may be requested by the Trust, which is outside the scope of this. Contract.
Discuss any additional services and fees for any other services Proposer can provide and which are not
specifically listed within this RFP.
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S. Evaluation Criteria
5.1. EVALUATION CRITERIA
Proposals shall be evaluated based upon the following criteria and weight:
CRITERIA PERCENTAGE
Overall Qualifications and Experience
30
Approach to Audit Engagement
35
Fee Proposal
30
Local Preference
5
Total
100%