HomeMy WebLinkAboutRequest for ProposalsCity of Miami
Request for Proposals
(RFP)
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFP Number:
Title:
Issue Date/Time:
RFP Closing Date/Time:
Pre -Bid Conference:
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification:
Buyer:
Hard Copy Submittal Location:
Buyer E-Mail Address:
Buyer Facsimile:
271251,1
Request for Proposals for External
Auditing Services
18-MAY-2011
05/23/2011 @ 13:00:00
None
Wednesday, May 11, 2011 at 12:00 P.M.
Noon
Suarez, Maritza
City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
msuarez@ci.miami.fl.us
(305) 400-5025
Page 1 of 42
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy 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 180 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.
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: FAX:
EMAIL: BEEPER'
SIGNED BY:
TITLE: DATE'
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS BID.
Page 2 of 42
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)
Page 3 of 42
Line: 1
Description: Provision of external auditing services per the Specifications/Scope of Work section
herein.
Category: 94620-10
Unit of Measure: Dollar
Unit Price: $
Number of Units: 1 Total: $
Page 4 of 42
Request for Proposals (RFP) 271251,1
Table of Contents
Terms and Conditions 6
1. General Conditions b
1.1. GENERAL TERMS AND CONDITIONS b
2. Special Conditions 24
2.1. PURPOSE 24
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 24
2.3. TERM OF CONTRACT 24
2.4. CONDITIONS FOR RENEWAL 24
2.5. NON -APPROPRIATION OF FUNDS 24
2.6. MINIMUM QUALIFICATION REQUIREMENTS 24
2.7. CONTRACT EXECUTION 25
2.8. FAILURE TO PERFORM 25
2.9. INSURANCE REQUIREMENTS 25
2.10. PRE-BID/PRE-PROPOSAL CONFERENCE 27
2.11. CONTRACT ADMINISTRATOR 27
2.12. SUBCONTRACTOR(S) OR SUBCONSULTANT(S) 27
2.13. COMPLETE PROJECT REQUIRED 27
2.14. TERMINATION 27
2.15. ADDITIONAL TERMS AND CONDITIONS 28
2.16. CHANGES/ALTERATIONS 28
2.17. COMPENSATION PROPOSAL 28
2.18. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 28
2.19. ADDITIONAL SERVICES 29
2.20. HOURLY RATE 29
2.21. RECORDS 29
2.22. AMENDMENTS TO THE CONTRACT 29
2.23. TRUTH IN NEGOTIATION CERTIFICATE 29
3. Specifications 31
3.1. SPECIFICATIONS/SCOPE OF WORK 31
4. Submission Requirements 39
4.1. SUBMISSION REQUIREMENTS 39
5. Evaluation Criteria 42
5.1. EVALUATION CRITERIA 42
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Request for Proposals (RFP) 271251,1
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of $25,000.00 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 Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be
defined in the same manner herein.
1.1. ACCEPTANCE 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
goods/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 or electronic submission of your solicitation 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. ACCEPTANCE/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. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://www.ci.miami.fl.us/procurement
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 "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting 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/Proposer 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
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Request for Proposals (RFP) 271251,1
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
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, determine 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 contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be 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 Drug -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 Depaitinent, will void its acceptance of the Bidder's/Proposer'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 bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer'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 depaitrnents 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 writing, 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 Bidder/Proposer 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
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Request for Proposals (RFP) 271251,1
contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves 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
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.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - 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, naives 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 furnished 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
opening/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 City.
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.
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
depai talent. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. 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 limited 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.
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Request for Proposals (RFP) 271251,1
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. 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 no way 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, 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
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.
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Request for Proposals (RFP) 271251,1
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.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource
which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or
exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not
available to members of the general public and gained by reason of his/her/its position, except for
information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the
personal gain or benefit of any other person or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business
with the City or any person or agency acting for the City, and has not appeared in representation of any
third party before any board, commission or agency of the City within the past two years. Bidder/Proposer
further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister,
to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any
board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any
professional services agreement with the City, imposition of the maximum fine and/or any penalties
allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade
County Commission on Ethics.
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 borne by the
Bidder(s)/Proposer(s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(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 Party 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.
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Request for Proposals (RFP) 271251,1
(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 perforni 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.
(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 Party, along with a notice of said party's right to seek judicial
relief.
1.26. DEBARRED/SUSPENDED 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 with 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 assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
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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 DURING 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
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 PERFORMANCE - In the event of a hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with 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 Agreement 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 Foinial
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.
1.33. 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;
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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.
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. Bidder/Proposer 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 determined 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)/Proposer(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, orRFLI 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. DESTINATION, 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 may be 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. 18-105)
(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:
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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 Miami 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.
(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 MINIMUM WAGE - 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 1st.
At the time 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's/proposer'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. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be govemed 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.
1.41. 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 modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.42. 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 (HIPAA) of 1996 and the City
of Miami Privacy Standards. HIPAA 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;
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E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
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 infonmation practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.43. INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its
officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including,
but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the
performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers,
agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages
arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or
employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly
negligent or willful acts or omissions on the part of the City, its officials and/or employees.. These
indemnifications shall survive the term of this Contract. In the event that any action or proceeding is
brought against City by reason of any such claim or demand, Contractor shall, upon written notice from
City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly
understands and agrees that any insurance protection required by this Contract or otherwise provided by
Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the
City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through
appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and
all claims of liability and all suits and actions of every name and description which may be brought against
City whether performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be
interpreted under the laws of the State of Florida, including without limitation and which conforms to the
limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the
City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims
which may result from any actions or omissions of the Contractor in which the City participated either
through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any
submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any
responsibility or liability of the Contractor or Sub -Contractor; under this Agreement.
1.44. INFORMATION 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 Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision. •
1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's
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.
1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation
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Request for Proposals (RFP) 271251,1
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 availableon the City's Web Site following recommendation for award.
1.47. 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
coverage 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.
1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.49. 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
percent (10%) in excess of the lowest other responsible and responsive bidder/proposer.
1.50. 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.
1.51. 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.
1.52. 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.
1.53. 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
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.
1.54. 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 performanoe under
this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall
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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 origin. All 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 City.
1.56. 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.
1.57. 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 altemate
response, please refer to the herein condition for "Alternate Responses May Be Considered".
1.58. OWNERSHIP 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.
1.59. 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.
1.60. 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.
1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
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
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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.
1.62. PRICE ADJUSTMENTS — 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.
1.63. 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.
1.64. 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.
1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; 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 commence 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
is authorized. If a discount is part 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 commencing 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 term of the contract.
1.66. 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
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loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, if any.
1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction fora 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.
1.69. 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. Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.70. QUALITY OF GOODS, MATERIALS, 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.
1.71. 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.
1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - 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 law.
1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(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
Manager.
(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
party shall not be entitled to such judicial relief without first having followed the procedure set forth in this
section.
1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(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 $25,000.
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
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Request for Proposals (RFP) 271251,1
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
ii. 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. 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, which will be posted on the City of Miami Purchasing Depai talent website, in the Supplier
Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice; 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 considere&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 shallstate 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
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 Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliancewith filing requirements. Failure. of a party 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 parry's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
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Request for Proposals (RFP) 271251,1
(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 $5000.00, 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.
1.75. 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.
1.76. 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.
1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. BidderslProposer 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.
1.78. 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.
1.79. SUBMISSION AND 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 1FB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation 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
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms 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 US1. US1 SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
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Request for Proposals (RFP) 271251,1
FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN 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. All 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.
1.80. 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 Bidder/Proposer 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.
1.81. 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 City 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;
C. 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.
1.82. TERMS OF PAYMENT - 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 Section 218.74, Florida Statutes and other applicable
law.
1.83. TIMELY 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
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.
1.84. 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.
1.85.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
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Request for Proposals (RFP) 271251,1
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 indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attomey's fees incurred by the City by reason of any legal action challenging your claim.
1.86. UNAUTHORIZED WORK 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.
1.87. USE OF NAME - The City is not engaged in researchfor 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.
1.88. 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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Request for Proposals (RFP) 271251,1
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for external auditing services, as specified herein,
from a source(s) of supply that will give prompt and efficient service fully compliant with the terms,
conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Maritza Suarez, CPPB; fax: (305) 400-5025 or
email: msuarez@ci.miami.fl.us. The solicitation title and number shall be referenced on all
correspondence. All questions must be received no later than Wednesday, May 11, 2011 at 12:00 P.M.
Noon. All responses to questions will be sent to all prospective bidders/proposers, in the form on an
addendum_ NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. TERM 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 City, which shall include, but not be limited to, the
following terms:
(1) The term of the Contract(s) shall be for three (3) years with an option to renew for two (2) 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 is a City prerogative; not a right of the
bidder/proposer. This prerogative will be exercised only when such continuation is clearly in the best
interest of the City.
2.4. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) continued satisfactory performance compliance with the specifications, terms and conditions
established herein and
(2) Availability of funds.
In the event the Contractor is unable to extend the contract for any subsequent period, advance written
notice and explanation shall be submitted to the Chief Procurement Officer no later than ninety (90) days
prior to the expiration date of the contract period in effect at such time and shall be subject to the City's
acceptance. Failure to comply with these requirements may render the Contract in default of this contract.
2.5. 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).
2.6. MINIMUM QUALIFICATION REQUIREMENTS
For a Proposer to be deemed responsive the following minimum qualification requirements cited below
shall be satisfied. In determining said responsiveness, each such minimum qualification requirement shall
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Request for Proposals (RFP) 271251,1
be addressed in detail in the Proposal submittal. Failure to meet each such following minimum
qualification requirements and/or failure to provide sufficient detailed documentation conceming the
same, shall result in the Proposal being deemed non -responsive:
A. the Firm shall be in good standing to practice before the Securities and Exchange Commission (SEC);
B. the Firm shall be an active registered corporation with the State of Florida Depai talent of State,
Division of Corporations;
C. at least one general partner of the firm shall be a certified public accountant of the State of Florida,
pursuant to Florida Statute 473.309;
D. a minimum of two (2) full-time certified public accountants (CPA's) shall be employed and assigned to
the City of Miami audit;
E. the Firm and the Auditors assigned shall have at least five (5) years of experience in govemmental
auditing, preferably municipal;
F. the Proposer shall have no record of pending lawsuits, bankruptcy, or criminal activities involving
moral turpitude and shall not have any conflicts of interest with the City;
G. neither the Proposer nor any individual member, officer, or stockholder of the Proposer shall be in
arrears or in default of any debt or contract involving the City (as a party to the conflict or otherwise), nor
have failed to perform faithfully on any previous contract with the City;
H. the Proposer shall have an adequate organization, facilities, equipment and personnel to ensure prompt
and efficient services for the City (prior to recommendation of an award, the City shall reserve the right to
inspect the same and the Proposer's overall financial condition and/or to take any action deemed necessary
to determine the Proposer's ability to perform in accord with the specifications, terms and conditions of this
RFP);
I. the Proposer shall provide two (2) letters of reference; and
J. the Proposer shall provide resumes as requested in the Section 4.1 Submission Requirements herein.
2.7. 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 City. The City reserves the
right to execute or not execute, as applicable a Contract with the selected Proposer(s) that is determined to
be most advantageous and in the City's best interest. Such Contract 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.
2.8. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Contractor in default of the contract or make appropriate reductions in the contract payment.
- 2.9. INSURANCE REQUIREMENTS
INDEMNIFICATION
Bidder shall pay on behalf of, indemnify and save 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 .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 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 fumish to City of Miami, c/o Purchasing Depai talent, 444 SW 2nd Avenue, 6th Floor,
Page 25 of 42
Request for Proposals (RFP) 271251,1
Worker's Compensation
A. Limits of Liability
Statutory - State of Florida
Waiver of Subrogation
(2) Commercial General Liability:
A. Limits of Liability
Bodily Injury and Property Damage Liability - Each Occurrence: $1,000,000
General Aggregate Limit: $2,000,000
Personal and Adv. Injury: $1,000 000.
Products/Completed Operations: $1,000,000.00.
B. Endorsements Required:
City of Miami included as an Additional insured.
Primary Insurance Clause
Contigent & Contractual Liability
Premises and Operations Liability
BusinessAutomobile Liability
A. Limits of Liability
Bodily injury and property damage liability combined single limits. Owned/Scheduled Autos,
including, including hired, borrowed or non -owned autos. Any one accident - $1,000,000
B. Endorsements Required:
City of Miami included as an Additional Insured
(4) Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
(5) Professional Liability/Errors and Omissions Coverage:
A. Limits of Liability
Combined Single Limit
Each Claim - $1,000,000
General Aggregate Limit - $1,000,000
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 latest 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.
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 his liability and obligation
under this section or under any other section of this Agreement.
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
(1)
(3)
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Request for Proposals (RFP) 271251,1
— 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 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 To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement
damages from the Bidder in conjunction with the General and Special 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.
2.10. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.11. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Diana Gomez, Finance Depai tinent Director,
who shall be designated as the Contract Administrator.
2.12. SUBCONTRACTOR(S) 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 City.
Sub -Contractors are allowed by the 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 City retains 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 borne:solely by the Successful Proposer and insurance for
each Sub -Contractors must be maintained in good standing and approved by the 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 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.
2.13. 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 where required by any part of
these specifications, or necessary to the satisfactory completion of the project.
2.14. TERMINATION
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Request for Proposals (RFP) 271251,1
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 City Manager may terminate this Contract, in whole or in part, 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 supplies or services: provided that if, (1) it is
determined 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 CONVENIENCE
The City Manager may terminate 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 supplies, products, equipment, or
software, and so terminated for the 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 City of Miami shall be liable only for payment in accordance with the payment provisions
of the Contract for those services rendered prior to termination.
2.15. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the solicitation 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 solicitation. 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 solicitation are the only conditions applicable to
this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's
acknowledgment form attests to this.
2.16. CHANGES/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.
2.17. COMPENSATION PROPOSAL
Each Proposer shall detail any and all fees and costs to provide the required services as listed herein.
Proposer shall additionally provide a detailed list of all costs to provide all services as detailed in Section
III Scope of Services, as proposed. The City reserves the right to add or delete any service, at any time.
Should the City determine to add an additional service for which pricing was not previously secured, the
City shall seek the Successful Proposer to provide reasonable cost(s) for same. Should the City determine
the pricing unreasonable, the City reserves the right to negotiate cost(s) or seek another vendor for the
provision of said service(s).
Failure to submit compensation proposal as required shall disqualify Proposer front consideration.
2.18. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD
The procedure for response evaluation, selection and award is as follows:
(1) Solicitation issued.
(2) Receipt,of responses.
(3) Opening and listing of all responses received.
(4) Purchasing staff will review each submission for compliance with the submission requirements of the
Solicitation, including verifying that -each submission includes all documents required.
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Request for Proposals (RFP) 271251,1
(5) An Evaluation Committee comprised of members of the Audit Advisory Committee, as codified in
Section 2-950(1), (2) and (3) of the City Code, shall meet to evaluate each response in accordance
with the requirements of this Solicitation and based upon the evaluation criteria as specified herein.
(6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to 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 rank the Proposals and shall submit its
recommendation to the City Manager for acceptance. If the City Manager accepts the Committee's
recommendation, the City Manager's recommendation for award of contract will be posted on the City of
Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of
Recommendation of Award Section. The notice of the City Manager's recommendation can be found by
selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field,
the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. The City
Manager shall make his recommendation to the City Commission requesting the authorization to negotiate
and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights
against the City arising from such negotiations or termination thereof.
(8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the
Committee 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 City Manager's and Evaluation Committees'
recommendation(s) and, if appropriate and required, approve the City Manager's recommendation(s). The
City Commission may also reject any or all response.
(10) If the City Commission approves the recommendations, the City will enter into negotiations with the
selected Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as
deemed appropriate by the City Manager.
(11) The City Commission shall review and approve the negotiated Contract with the selected
Proposer(s).
2.19. 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.
2.20. HOURLY RATE
The hourly 'rate shall include, but not be limited to, full compensation for labor, any and all equipment
used, travel time and related expenses and any and all other costs to the Proposer. Said rate shall be at a
straight time amount for all labor, except as otherwise noted herein.
2.21. RECORDS
During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall
provide City access to all files and records maintained on the City's behalf.
2.22. AMENDMENTS TO THE CONTRACT
The City Manager shall have the right and authority to amend this Contract on behalf of the City.
2.23. TRUTH IN NEGOTIATION CERTIFICATE
Execution of the resulting agreement by the Successful Proposer shall act as the execution of
truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the
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Request for Proposals (RFP) 271251,1
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 City determines 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 ofthe Agreement.
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Request for Proposals (RFP) 271251,1
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
3.1 Introduction
A. General Information
The City of Miami, Florida (hereinafter referred to as the "City") is soliciting Proposals from qualified and
experienced independent Certified Public Accountants (CPA's) and/or firms licensed to practice in the State
of Florida, to audit its financial statements for the fiscal years ending September 30, 2011, 2012 and 2013,
with the option of auditing its financial statements for each of the two subsequent fiscal years.
The City intends to continue to prepare financial statements in conformity with accounting principles
generally accepted in the United States of America (GAAP).
The annual financial audit is be performed in accordance with auditing standards generally accepted in the
United States of America and the standards applicable to financial audits contained in Government Auditing
Standards issued by the Comptroller General of the United States. In addition, the audit will be conducted
in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the
conduct of governmental audits performed in the State of Florida.
The single audit will be performed in accordance with auditing standards generally accepted in the United
States of America; the standards applicable to financial audits contained in Government Auditing Standards
, issued by the Comptroller General of the United States, the provisions of the Federal Single Audit Act of
1984, OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and
Chapter 10.550 Rules of the Auditor General.
The Government Finance Officers Association (GFOA) awarded the Certificate of Achievement for
Excellence in Financial Reporting to the City of Miami for its Comprehensive Annual Financial Reports
(CAFR's) for the fiscal years ended September 30, 1999 through 2009. The City's 2010 CAFR has been
submitted for program review with the expectation that it will also qualify for a Certificate of Achievement.
The City desires to continue its successful participation in the Certificate program. The selected auditing
firm, therefore, should be prepared to render any necessary assistance in this regard.
B. Term of Engagement
A three-year contract is contemplated, with two one-year options to renew.
3.2. Nature of Services Required
A. General
These audits are to be performed in accordance with the provisions contained in this request for proposal.
B. Scope of Work to be Performed
1. The City desires the independent auditor to express an opinion on the fair presentation of the basic
financial statements of the City, in conformity with generally accepted accounting principles.
2. The City also desires the auditor to express an opinion on the fair presentation of its government -wide
and fund financial statements and schedules in conformity with generally accepted accounting principles
(GAAP). The auditor is not required to audit the supporting schedules contained in the comprehensive
annual financial report. However, the auditor is to provide an "in -relation -to" opinion on the supporting
schedules based on the auditing procedures applied during the audit of the government -wide and fund
financial statements and schedules. The auditor is not required to audit the introductory section of the
report or the statistical section of the report.
3. The auditor shall also be responsible for performing certain limited procedures involving
supplementary information, specifically Management's Discussion and Analysis and other required
supplementary information as required by the Governmental Accounting Standards Board as mandated by
generally accepted auditing standards.
4. The auditor is required to audit the schedule of expenditures of Federal and State awards in
accordance with the Federal and Florida Single Audit Act respectively.
5. The auditor is not required to audit the Pension Trust Fund for the General and Sanitation Employees,
Firefighters, and Police Officers, as the Trust Funds will be audited by other independent auditors who will
furnish their report to the principal Independent Auditor during the. engagement.
C. Auditing Standards to be Followed
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To meet the requirements of this request for proposals, the audit shall be performed in accordance with:
1. Generally Accepted Auditing Standards as set forth by the American Institute of Certified Public
Accountants;
2. Government Auditing Standards, issued by the Comptroller General of the United States;
3. The provisions of the Federal Single Audit Act of 1984 (as amended in 1996 and subsequently);
4. The Florida Single Audit Act;
5. The provisions of U.S. Office of Management and Budget (OMB) Circular A-133;
6. Audits of State and Local Government Units, and Non -Profit Organizations, Audits of State and Local
Governments (Revised), issued by the American Institute of Certified Public Accountants;
7. Regulations of the State of Florida Department of Banking and Finance;
8. 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 Section 215.97 Florida Statutes);
9. State of Florida Auditor General Selection Guidelines (2007) prepared by the Auditor Selection Task
Force;
10. Section 11.45, Florida Statutes;
11. Chapter 218.39 and any other applicable Florida Statutes;
12. Generally accepted governmental accounting standards;
13. Any other applicable federal, state, local regulations or professional guidelines not specifically listed
above as well as any additional requirements which may be adopted by these organizations in the future.
D. Required Reports
Following the completion of the audit of the fiscal year's financial statements for the City, the auditor shall
issue:
1. The City's Audit Advisory Committee (AAC), as codified in Section 2-950(4) of the City Code, shall
maintain liaison with the selected independent auditor, including but not limited to monitoring of the
independent auditor's work progress, and reviewing the preliminary and final reports issued by the
independent auditor.
2. A report on the audit of the financial statements for each of the three (3) fiscal years. The report shall
contain an expression of the auditor's opinion as to whether the information contained in the financial
statements is presented fairly and in conformance with accounting principles generally accepted in the
United States of America. If the auditor cannot express such an opinion, the reasons should be so stated in
the report. Further, the auditor's opinion, with respect to the supplemental financial information presented
in the combining and individual fund financial statements and schedules shall also make a referenceas to
their fairness in all material respects in relation to the basic financial statements.
3. A report on intemal control over financial reporting and on compliance and other matters based on an
audit of financial statements performed in accordance with Government Auditing Standards.
4. A report on compliance with requirements applicable to each major Federal program and State
projects and on internal control over compliance in accordance with OMB Circular A-133 and Chapter
10.550, Rules of the Auditor General. Sixty (60) copies are required as well as an electronic copy.
In the required report[s] on internal controls, the auditor shall communicate any reportable conditions
found during the audit. A reportable condition shall be defined as a significant deficiency in the design or
operation of the internal control structure, which could adversely affect the organization's ability to record,
process, summarize and report financial data consistent with the assertions of management in the financial
statements.
Reportable conditions that are also material weaknesses shall be identified as such in the report.
Non -reportable conditions discovered by the auditors shall be reported in a separate letter to management,
which shall be referred to in the report[s] on internal controls.
The reports on compliance shall include all instances of noncompliance.
Irregularities and illegal acts. Auditors shall be required to make an immediate, written report of all
irregularities and illegal acts, or indications of illegal acts, of which they become aware to the following
parties:
• City Auditor General
Finance Director
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Request for Proposals (RFP) 271251,1
CFO
City Manager
Audit Committee
Mayor
City Commission
Reporting to the City Commission. Auditors shall assure themselves that the City Commission is
informed through the Audit Committee of each of the following:
A. The auditor's responsibility under generally accepted auditing standards
B. Significant accounting policies
C. Management judgments and accounting estimates
D. Significant audit adjustments
E. Other information in documents containing audited financial statements
F. Disagreements with management
G. Management consultation with other accountants
H. Major issues discussed with management prior to retention
I. Difficulties encountered in performing the audit
4. A detailed management letter shall be prepared in each of the three (3) fiscal years for use by the City.
It should include a summation of audit findings and recommendations affecting the financial statements,
internal control, accounting, accounting systems, legality of actions, and any other matters. Sixty (60)
copies are required as well as an electronic copy.
The auditor's comments in the management letter, which among other matters shall, make special mention
of the following material items discovered within the scope of the audit.
A. Whether irregularities reported in preceding audit(s) have been corrected;
B. Whether recommendations made in preceding audit(s) have been followed, if adopted by the City;
C. Whether the financial report filed with the Florida Department of Financial Services pursuant to
Section 218.32 is in agreement with the annual audit report for the said period and, if not, specify any
significant differences;
D. Recommendations to improve the City's present management accounting procedures, and internal
control;
E. Any violation of the laws, rules and regulations discovered within the scope of the audit;
F. Any illegal expenditure discovered within the scope of the financial audit;
G. Any improper or inadequate accounting procedures discovered within the scope of the financial audit;
H. Any failure to properly record financial transactions discovered within the scope of the audit;
I. All other inaccuracies, irregularities, shortages and defalcations discovered within the scope of the
financial audit by the Auditor;
J. A review of the provisions of Section 218.503(1) Florida Statutes, "Determination of Financial
Emergency."
K. Compliance with Auditor General's rules.
L. A review of compliance to the City's investment policy; specifically the cash flow analysis, liquidity
assessment process, benchmarking and written procedures regarding all investments (including those under
the management control of the City staff and the Investment (Advisor).
E. Special Considerations
1. The City will send its Comprehensive Annual Financial Report to the Govemment Finance Officers
Association of the United States and Canada for review in their Certificate of Achievement for Excellence
in Financial Reporting program. It is anticipated that the auditor will be required to provide any special
assistance deemed necessary to the City in order to meet the requirements of that program.
2. The City currently anticipates it will prepare one or more official statements in connection with the
sale of debt securities which will contain the general purpose financial statements and the auditor's report
thereon. The auditor shall be required, if requested by the City, financial advisor and/or the underwriter, to
issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters". Costs
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Request for Proposals (RFP) 271251,1
associated with such additional work will be based on the hourly rates listed in the auditor's proposal.
3. The auditor will be required to perform program specific audits of certain grants/programs as required
. by granting agencies. Specifically, the City is required to perform a separate program specific audit of The
Children's Trust Programs and the Building Better Communities Bond Projects. These program specific
audits are to be considered separate from the City's financial statement audit and fees for said program
specific audits will be negotiated separately based on the hourly rates listed in the audit proposal.
4. The auditor may be requested to perform additional agreed upon procedures as required by the City.
The agreed upon procedures engagements are to be considered separate from the City's financial statement
audit and fees for said engagements will be negotiated separately based on the hourly rates listed in the
audit proposal.
5. The auditor may be requested to perform other audit related services as need by the City. Additional
services required are to be considered separate from the City's financial statement audit and fees for said
engagements will be negotiated separately based on the hourly rates listed in the audit proposal.
6. The auditors will perform a review of the financial report of the City filed with the Dept tnient of
Banking and Finance, State of Florida, pursuant to Section 218.32, Florida Statutes, to verify that it is in
agreement with the financial statements for the.year ended September 30, 2011, and all subsequent years
covered by this agreement.
7. The auditor shall assist the City in preparing the CAFR. The City shall retain ultimate responsibility
for preparation of this document; however, the auditor shall provide the following assistance:
A. Proofreading the entire document;
B. Verification of the implementation of recommended improvements from the prior year's submission
to the GFOA under the Certificate of Achievement program;
C. Verification of the implementation of new accounting standards and pronouncements; and,
D. Overall review including layout, design and suggested improvements.
8. The auditor must designate two (2) "key" members of the audit team. The City shall reserve the right
to approve any substitutions or changes in those staff designated as "key".
9. The auditor shall report to the City, at least weekly, the status of any potential audit adjustments so
that the City may have adequate opportunity to investigate, gather information and respond if necessary.
10. At the expense of the City, the auditor agrees.to have the audited financial statements of the second
year of the contract term submitted as part of their annual peer review program. Additionally, the City
reserves the right to request that the audited financial statements of any of the optional extensions of the
contract years to also be submitted for peer review. The results of these peer reviews shall be
communicated back to the City no later than ten.(10) business days thereafter receipt of the completed .
review process. Additionally, the auditor shall make available to the City a copy of each external quality
control review (peer review) conducted during the time period engaged by the City.
11. The auditor will offer, at no expense to the City, an annual government training seminar to the City's
accounting staff. This seminar will be offered locally and award eight (8) hours of CPE credits per staff
member.
12. The partner in charge of the audit and the audit manager, or other CPA assigned to the audit, shall
agree to communicate with the City Manager or designee, the Audit Advisory Committee, the Finance
Committee or the City Commission, as deemed necessary. The auditor will attend the City Commission
meeting at which time the audit report will be submitted for acceptance. The auditor will be available to
present the report and to respond to City Commission questions as needed.
F. Working Paper Retention and Access to Working Papers
All working papers and reports must be retained, at the auditor's expense, for a minimum of three (3)
years, unless the firm is notified in writing by the City of the need to extend the retention period. The
auditor will be required to make working papers available, upon request, to the following parties or their
designees:
1. City of Miami
2. General Accounting Office (GAO)
3. Auditor General of the State of Florida
4. Parties designated by the federal or state governments or by the City of Miami as part of an audit
quality review process
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Request for Proposals (RFP) 271251,1
5. Auditors of entities of which the City of Miami is a subrecipient of grant funds.
6. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow
successor auditors to review working papers relating to matters of continuing accounting significance.
7. The auditor will agree to notify the City if the Board of Accountancy or any other regulatory agency
requests a review of the audit work papers concerning the.City or any govemment client audited by the
auditor's local office.
3.3. Description of the Government
A. Contact Persons and Organization Chart
The auditor's principal contact with the City of Miami will be the Finance Director or designee who will
coordinate assistance to be provided.
The accounting and financial reporting functions of the City of Miami are centralized in the Finance
Department. An organizational chart of the Finance Department is attached as Attachment A.
B. Background Information
The City of Miami was incorporated July 28th, 1896, and has a population of approximately 399,000
according to 2010 Census information. The City is situated at the mouth of the Miami River where it is a
main port of entry into Florida and the county seat for Miami -Dade County, Florida. The City comprises
34.3 square miles of land and 19.5 square miles of water. The City Charter was adopted by the electors of
the City of Miami at an election held on May 17th, 1921 and was legalized and validated by Chapter 9024
of the laws of the State of Florida of 1921. During fiscal year 1997, the residents of the City voted on a
referendum that created single -member districts and an Executive Mayor form of government. The City
Commission governs and legislates the City of Miami. It has five members elected on a district basis for a
four-year term. The policy decisions made by the Commissioners are implemented by the City Manager.
The City Manager is appointed by the Mayor and confirmed by the Commission. The Manager is the head
of the administrative branch of City government and is responsible to the Mayor for the proper
administration of all City affairs. (Please refer to Attachment B for the City's organizational chart and key
personnel.)
The City provides the following services as authorized by its Charter: public safety, public works,
community development, economic development, planning and zoning, building inspections, sanitation,
parks and recreation, cultural enrichment, public improvements, and general administrative services.
The City is organized into 32 departments and 13 agencies for the provision of the same. The accounting
and financial reporting functions of the City are centralized within the Finance Depaituient which is headed
by Diana M. Gomez, Finance Director and consists of 67 employees. More detailed information on the
City's govemment and its finances can be found at the city's website at www.miamigov.com.
Concerning the same, a copy of the City's Comprehensive Annual Financial Report (CAFR) for the year
ended September 30, 2010, the Single Audit Report for the year ended September 30, 2009, and the City's
approved budget for the year ending September 30, 2011, may be found at the City's website at
www.miamigov.com. A copy of the September 30, 2009 Management Letter is attached as Attachment C.
For Fiscal Year 2011, the City administers a combined operating budget of approximately $469,798,000.
As of September 30, 2010, the City's total payroll is approximately $298,500,000 and covers approximately
4,000 employees.
C. Fund Structure
The accounts of the City are organized and operated on the basis of funds. The City uses the following
fund types and account groups in its internal financial reporting:
General Fund
Special Revenue Funds (25)
Debt Service Funds (3)
Capital Project Funds (11)
Trust and Agency Funds (5)
Account Groups (2)
D. Budgetary Basis of Accounting
The City Commission annually adopts an operating budget resolution for all governmental funds of the
City, except for the Capital Projects Funds. The Capital Projects Funds are budgeted on a total project basis
for which annual budgets are not available. For govemmental funds, budgets are prepared on a basis
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Request for Proposals (RFP) 271251,1
consistent with accounting principles generally accepted in the United States of America.
E. Pension Plans
The City sponsors the following separate single -employer defined benefit pension plans under the
administration and management of separate Boards of Trustees: the City of Miami Fire Fighters' and Police
Officers' Retirement Trust (FIPO), the City of Miami General Employees' and Sanitation Employees'
Retirement Trust (GESE) and Other Managed Trusts, and the City of Miami Elected Officers' Retirement
Trust (EORT). The fmancial statements for the pension plans are prepared using the accrual basis of
accounting. These plans are reported as pension trust funds in the City's financial statements, and none of
them reported in the City's CAFR, is audited as part of this engagement.
F. Component Units
The financial statements of the City include those of the primary government and those of its component
units. The City currently has six blended component units and seven discretely presented component units.
None of the component units reported in the City's CAFR is audited as part of this engagement, however,
the selected auditor may engage with those entities separately to audit their financial statements.
G. Joint Ventures
The City of Miami does not participate in any joint ventures with other governments.
H. Magnitude of Finance Operations
The Finance Department is responsible for development of a comprehensive financial management system
for the City to include centralized accounting and financial reporting. The Depaiinient oversees general
ledger functions, accounts payable, project and grants monitoring, fixed asset reporting, treasury,
investment and debt management, accounts receivable, customer billing services, cash receipts, business
tax receipts (aka, occupational licenses), and payroll administration. The principal functions performed and
the number of employees assigned to each is as follows:
I. Supporting IT Infrastructure
The City of Miami implemented the Oracle E-Business Suite 1l i Enterprise Resource System (ERP) on
October 1, 2006. The City is in the process of upgrading to Oracle E-Business Suite 12 during calendar
year 2011 and 2012.
Specific modules included in the implementation were as follows:
- General Ledger
- Accounts Payable
- Fixed Assets
- Accounts Receivable
- Projects and Grants
- iReceivables
- Cash Management
-iExpense
- iProcurement
- iSupplier
- Sourcing
- Procurement Contracts
- Human Resources
- Payroll
- Benefits
With the implementation of the new ERP system, the City changed its chart of accounts. The new chart of
accounts was developed consistent with world class best practices as well as the State of Florida's Uniform
Accounting System Chart of Accounts. The City's new chart includes the following segments: the Fund,
the Organization (Cost Center), the Object (Account) and two future use segments (Futurel, Future2).
3.4. Information on the Records to be Audited
The Government -wide financial statements are presented on the accrual basis of accounting. The Fund
Financial Statements are presented on a modified accrual or accrual basis of accounting, depending on the
fund type. The City's budget is incorporated into the general ledger and the encumbrance system is utilized
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Request for Proposals (RFP) 271251,1
for expenditures.
The City currently finances its OPEB on a pay-as-you-go basis. The City implemented GASB 43 and 45 in
its fiscal year 2006 financial statements.
The previous audit was completed by McGladrey & Pullen, LLP, which has the previous audit work
papers available for inspection to the successful proposer at its offices at 801 Brickell Avenue, Suite 1050,
Miami, FL 33131. Any fees involved for reasonable personnel costs and out-of-pocket expenses associated
with the work paper review will be the responsibility of the firm awarded the contract.
3.5.Assistance to be Provided to the Auditor
The finance department management personnel and staff will be available during the audit to assist the
firm by providing information, documentation and explanations.
Administrative help will be available to assist the auditors with preparation of sending confirmations.
Clerical assistance will be available to help retrieve documents such as paid checks and invoices, and the
accounting staff will be available for the preparation of schedules. The finance department staff will be
responsible for preparing all financial statements, notes and other information in the CAFR.
The City of Miami will provide the necessary reproduction, report covers, tabs, divider pages and work
binding for the Comprehensive Annual Financial Report only. All other required reports must be
reproduced and bound by the auditors.
The City of Miami will provide the auditors with reasonable work space, desks, and chairs. The auditor
will also be provided with access to a telephone, photocopying facilities and FAX when required in the
conduct of the annual audit.
3.6. Time Requirements
The awarded firm may commence the examination as soon as notification of award has been issued. Each
of the following should be completed by the auditors no later than the dates indicated for the fiscal year
2011 audit.
City of Miami Financial Statement Audit:
1. Detailed Audit Plan
The auditor shall provide the City of Miami Audit Advisory Committee and the Finance Director by
August 31 of each year both a detailed audit plan and a list of all schedules to be prepared by the City of
Miami.
2. Interim Work
The auditor may perform interim work during the summer months with prior coordination with the
Finance Director.
3. Fieldwork
The auditor shall complete all fieldwork by February 1 of each year.
4. Draft Reports
The auditor shall have drafts of the audit reports and recommendations to management available for
review by the Finance Director by February 15 of each year.
5. Auditor's Opinion
The Auditor's Opinion must be provided no later than March 1st so City staff can proceed with report
reproduction efforts and meet the GFOA deadline of March 31 st.
City of Miami Single Audit and Management Letter:
1. Detailed Audit Plan
The auditor shall provide the City of Miami Audit Advisory Committee and the Finance Director by
August 31 of each year both a detailed audit plan and a list of all schedules to be prepared by the City of
Miami.
2. Interim Work
The auditor may perform interim work during the summer months with prior coordination with the
Finance Director.
3. Fieldwork
The auditor shall complete all fieldwork by February 15 of each year.
4. Draft Reports
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Request for Proposals (RFP) 271251,1
The auditor shall have drafts of the Single Audit report and recommendations to management available for
review by the Finance Director by February 28 of each year.
5. Final Reports
Final reports must be provided no later than March 31 st.
The auditor will be required to present the CAFR, Single Audit and Management Letter to the City
Commission in May each year.
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Request for Proposals (RFP) 271251,1
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
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/Contractors/Auditors 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. Proposers shall submit
one (1) original and six (6) copies of the proposal. Electronic submittals shall not be accepted.
Failure to do so may deem the Proposal non -responsive.
Instructions to Proposers
The purpose of this RFP is to hire a qualified and experienced independent Certified Public Accountant
(CPA) licensed to practice in the State of Florida which may be a firm, corporation, joint venture,
partnership or other legal entity, for the provision of external auditing services to the City of Miami.
Therefore, only fully capable, experienced, and qualified Proposers should submit Proposals in response to
this RFP.
All Sub-Consultants/Contractors/Auditors, as part of Proposer's Proposal, must stand on their own merits
and will 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 entity part of Proposer's Team.
Throughout this RFP, the phrases "must" and "shall" will denote mandatory requirements. Any Proposer's
proposed system not meeting the mandatory requirements shall be subject to immediate disqualification.
When responding to this RFP, all Proposers shall adhere to the guidelines defined below. Any and all
proposals not following the prescribed format shall be subject to immediate disqualification.
PROPOSAL FORMAT
1. Cover Page:
The Cover Page shall include the Proposer's name, the Contact Person for the RFP, the Firm's Liaison for
the Contract, the Primary Office Location, the Local Business Address (if applicable), the Business Phone
and Fax Numbers, Email Addresses (if applicable), the Title of the RFP, the RFP Number, and the 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 shall be provided 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, 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/firm has been in business providing a similar service(s), and indicate whether the
City has previously awarded any contracts to the Proposer/firm.
b) Provide a list of all principals/owners and directors.
c) Provide detailed, relevant auditing experience of firm for at least three (3) years, particularly
governmental auditing experience. Include any municipal audit experience including utility and grant
audits.
d) Provide copies of resumes and describe meaningful governmental auditing experience of partners,
managers, key staff members, and other supervisory staff assigned to the City's account including names
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Request for Proposals (RFP) 271251,1
and overall work to be performed. The City reserves the right to contact any reference as part of the
evaluation process.
e) Provide copy(s) of the State of Florida CPA license for all individual CPA's assigned to the audit and
for the firm.
f) Provide positive affirmation that all CPA's assigned to the engagement have properly maintained their
Continuing Professional Education (CPE) in governmental accounting as required by the Board of
Accountancy.
g) Provide documentation from the Board of Accountancy that the licenses described above are indeed
active and in good standing.
h) Provide a list of clients that have discontinued use of Proposer's services within the past two (2) years
and indicate the reasons for the same. The City reserves the right to contact any reference as part of the
evaluation process.
i) Provide documentation of the firm's good standing to practice before the Securities and Exchange
Commission.
j) Provide two (2) Letters of Reference on letterhead from preferably governmental entities for whom
similar services have been performed. This information shall be subject to verification as part of the
evaluation process.
k) Provide a current resume of each Sub -Consultant. 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 Proposer. The City retains the right to accept or reject any Sub -Consultants proposed. The City
reserves the right to contact any reference as part of the evaluation process.
5. Technical Qualifications
A. Ability and Experience to Perform Required Services
a) Provide location of the office from which the audit will be conducted.
b) Provide a List of not less than 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 number(s) and contact persons within each organization. The City reserves the right to
contact any reference as part of the evaluation process. At least one copy of a CAFR from one of the
references shall also be submitted. In the event that a firm has been formed so recently that no government
auditing references are available, the Proposer shall state the same in the response to the RFP. If available,
the Proposer shall also submit governmental auditing references for any predecessor firms.
c) Provide recent, current and projected workload for the Proposer and auditors assigned to the City's
account.
d) Provide a copy(s) of the two (2) most recent external quality control reviews (peer reviews) inclusive of
reviews of specific government engagements.
e) Provide results of any federal or state desk reviews or field audits during the past three (3) years.
f) Describe the ability to provide the City with analysis of current developments of Governmental
Accounting Standards Board (GASB) and Financial Accounting Standards Board (FASB) pronouncement.
g) Provide an affirmative statement that it is independent of the City of Miami as defined by the U.S.
General Accounting Office's Government Auditing Standards. The firm shall also list and describe the
firm's (or proposed Sub -Consultant's) professional relationships involving the City of Miami or any of its
agencies for the past five (5) years, together with a statement explaining why such relationships do not
constitute a conflict of interest relative to performing the proposed audit.
h) Describe any litigation or proceeding against Proposer, its partners, managers,
sub-consultants/contractors and/or other key staff members, within the past five (5) years. Provide the
circumstances and statuses of any disciplinary actions taken or pending against the Proposer, its partners,
managers and/or other key staff members, by the state regulatory bodies or professional organizations or by
any court or administrative agency which has ruled against its professional activities or performance.
i) Describe any current or pending litigation or proceeding involving Proposer, its partners, managers
and/or other key staff members, and its professional activities or performance, if applicable. State the
nature of the litigation, a brief description of each case, the outcome or projected outcome, and the
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monetary amounts involved.
j) Discuss any bankruptcies involving Proposer, its partners, manager, and/or other key staff members, if
applicable.
B. Audit Approach
a) Provide a brief description of the audit procedure to be followed.
b) Provide a tentative schedule for performing key aspects of the audit.
c) Provide detailed responses to each of the City's requirements as stipulated within the Scope of Work,
Section 3.2 of this RFP.
d) Provide the extent to which statistical sampling techniques shall be used.
e) Provide the type and extent to which analytical procedures shall be used.
6. Fees for Services
Proposer shall submit a flat fee proposal for the whole of the five (5) year term of the contract.
Significant extenuating circumstances may be considered by the City in determining whether any
adjustment should be.made to the proposed rates for future years.
The fee proposal for the initial year (Year 1) shall also provide a breakdown which differentiates the
start-up costs associated with the engagement, additional costs associated with the Year 1 audit and the
total fee proposed for that year of the engagement.
Additionally, provide a fee schedule for the complete audit and a singular hourly rate to be used for any
additional work which the City may request outside the scope of the contract. Discuss any additional
services and fees for the same which Proposer can provide and which are not specifically listed within this
RFP.
FAILURE TO SUBMIT A FEE PROPOSAL AS REQUIRED AND IN THE FORMAT
DESCRIBED ABOVE SHALL DISQUALIFY PROPOSER FROM CONSIDERATION.
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5. Evaluation Criteria
5.1. EVALUATION CRITERIA
The City's Selection Committee will evaluate proposals and will select the proposer which meets the best
interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the
resulting negotiated agreement. Proposals received shall be evaluated on the criteria noted below. In
performing the evaluation, only information contained within the Proposal will be considered, unless
otherwise stipulated and/or other clarifying information is requested by the City. Proposals from firms that
do not meet the minimum qualifications set forth will not be considered further. The proposer granted the
contract will be required to maintain the minimum qualification requirements during the term of the
contract and any renewals.
Each member of the Selection Committee shall independently review each proposal using the criteria listed
below. Proposers meeting the Minimum Qualifications criteria will have their proposals evaluated and
scored. The Selection Committee will rank and recommend in order of preference no fewer than two (2)
proposers deemed to be the most highly qualified to perform the required services.
The following criteria will be utilized to select the firms submitting proposals:
1. Expertise and Experience — worth 30 points
• The firm's past experience and performance on municipal engagements of comparable size and
complexity.
The quality of the firm's professional personnel to be assigned to the engagement.
The quality of the firm's management support personnel to be available for technical consultation.
• The firm's past experience and performance with Single Audits and tests of compliance with laws
and regulations.
• The quality and experience of the firm's assigned professional auditing personnel with the GFOA
Certificate of Achievement for Excellence in Financial Reporting program.
2. Audit Approach — worth 30 points
The firm adheres to the instructions in this RFP for preparation and submission of the proposal.
Adequacy of audit work plan and sampling techniques.
Adequacy of analytical and substantive procedures.
Adequacy of study and evaluation of internal accounting and administrative controls.
Adequacy of proposed staffing plan for the various segments of the engagement, including
supervision and involvement of experienced personnel.
3. Firm Qualifications — worth 20 points
Organization, size and structure of the firm.
Ability, capacity, and skill of the firm to perform the services on a timely basis.
The firm submits a copy of its most recent external quality control review report and the firm has a
record of quality audit work.
4. Cost Proposal — worth 20 points
Cost will not be a primary factor in the selection of an audit firm.
An evaluation of the Proposals will be performed by the Audit Advisory Committee. After review by the
Committee, a recommendation will be made to the City Manager for consideration by the City
Commission. The City reserves the right to contact references and establish an interview(s) with references
in person or by the telephone.
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