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HomeMy WebLinkAboutProfessional Auditing ServicesCITY OF r l �J� lr\ .J ri 1 s,�\I F1 r HOME OF PELICAN ISLAND CITY OF SEBASTIAN REQUEST FOR PROPOSAL FTIT'll PROFESSIONAL AUDITING SERVICES 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS SUBJECT: ISSUE DATE: MAIL OR DELIVER PROPOSALS TO: PROPOSALS MUST BE RECEIVED NO LATER THAN: 1 Independent Audit Services April 23, 2011 Ken Killgore Finance Director 1225 Main Street Sebastian, Florida 32958 May 9, 2011 3:00 p.m. Proposals may not be withdrawn for sixty (60) days after such time and date. CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS INSTRUCTIONS TO PROPOSERS AND GENERAL PROVISIONS In accordance with Section 11.45, Florida Statutes, the City of Sebastian, Florida request proposals from qualified firms of Certified Public Accountants to conduct an audit of the general purpose financial statements of the City of Sebastian, Florida for the fiscal years ending September 30, 2011, 2012 and 2013, with the potential for two more years. The audit agreement is subject to annual approval by the City with grounds for termination including poor performance, not adhering to time schedules and excessive fee increases. Sealed Proposals To be considered, (1) original and four (4) copies of the proposal should be submitted in a sealed package clearly identified as "SEALED PROPOSAL — INDEPENDENT AUDIT SERVICES and mailed or hand delivered to: Ken Killgore Finance Director City of Sebastian 1225 Main Street Sebastian, FL 32958 Inquiries concerning the request for proposals must be made to: Ken Killgore Finance Director (772)388-8205 kkillgore(a cityofsebastian.org Contact with other officials or employees of the City regarding the request for proposals may be grounds for elimination from the selection process. All sealed proposals must be in the hands of the Finance Director by 3:00 p.m. on Monday, May 9, 2011. At that time, they will be opened and organized for the purpose of being delivered to Audit Committee. Proposers are not required to attend. The Audit Committee includes the City Manager Al Minner, Finance Director Ken Killgore and Administrative Services Director Debra Krueger. Responses All responses must be presented in the same order as specified in this document. Supporting material may be provided; however, the City's decision will be based primarily upon a comparison of the information specifically requested. During the evaluation process, the City reserves the right to request additional information or clarifications, or allow corrections of errors or omissions. Finns may be requested to make oral presentations as part of the evaluation process. The City reserves the right to accept or reject any and/or all proposals and to waive any minor irregularities and technicalities. There is no obligation on the part of the City to award the contract to the lowest Proposer. The City shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its 2 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS decision shall be final. All applicable laws and regulations of the State of Florida and ordinances and regulations of the City of Sebastian will apply to any resulting agreement. Proposals shall clearly indicate on the Proposal Form (Appendix A) the legal name, address, and telephone number of the Proposer (company, firm, partnership or individual). Proposals shall be signed above the typed or printed name and title of the signer. The signature of a witness is also required. The signer shall have the authority to bind the Proposer to the submitted proposal. All expenses for making proposals to the City are to be borne by the Proposer. It is expected the Audit Committee will determine on May 17, 2011, which firms may be requested to make oral presentations. Presentations will be scheduled for May 24, 2011. It is anticipated the selection of a firm will be completed by June 22, 2011. Term of Engagement A three-year contract is contemplated, with two one-year options, subject to the annual review and recommendation of the Audit Committee, the satisfactory negotiation of terms (including a price acceptable to both the City and the selected firm)) and the annual availability of an appropriation. Subcontracting Firms submitting proposals may consider subcontracting portions of the engagement to other qualified audit firms. If this is to be done, that fact, and the name of the proposed subcontracting firms, must be clearly identified in the proposal. Following the award of the audit contract, no additional subcontracting will be allowed without the express prior written consent of the City of Sebastian. Rejection of Proposals More than one Proposal from an individual, firm or association under the same or different names will not be considered. Any or all Proposals will be rejected if there is reason to believe that collusion exist among Proposers. NATURE OF SERVICES REQUIRED The City is soliciting the services of a qualified firm of certified public accountants to conduct a financial and compliance audit of its financial statements for the fiscal years ending September 30, 2011, 2012 and 2013, with the option to audit the City's financial statements for each of the two subsequent fiscal years. These audits are to be performed in accordance with the provisions contained in this request for proposals. 1. Financial Audit The scope of the financial and compliance audit shall follow governmental auditing standards CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS applicable in the State of Florida to audits of local governments pursuant to Section 218.39 or 215.97, Florida Statutes and all other guidelines and requirements promulgated by the Office of the Auditor General. a. An examination of financial statements to express an opinion on the fairness of presentation of financial position, results of operations, and changes in financial position in conformity with generally accepted accounting principles. b. An examination to determine whether operations are properly conducted in accordance with legal and regulatory requirements. C. An examination of any additional activities necessary to establish compliance with the term "financial statement audit" as defined and used in Government Auditing Standards (2007 Revision) and any amendments thereto. d. The use of financial condition assessment procedures to assist the auditor in the detection of deteriorating financial conditions pursuant to Section 218.39(5), Florida Statutes. The auditor may use financial condition assessment procedures developed by the Auditor General, which are available on the Auditor general web site. The financial condition assessment shall be done as of the fiscal year end; however, the auditor shall give consideration to subsequent events, through the date of the audit report that could significantly impact the local governmental entity's financial condition. 2. Single Audit A financial and compliance audit, "single audit", of Federal and State grants shall also be performed, as defined in the General Account Office's Government Auditing Standards, the provisions of the Single Audit Act and the Office of Management and Budget's Circular A-133, Audits of State, Local Governments, and Non -Profit organizations, and the State of Florida, rules of the Auditor General. 3. Review of Intermal Controls An evaluation is to be made of the system of internal controls to assess the extent it can be relied upon to ensure accurate information, to ensure compliance with laws and regulations and to provide for efficient and effective operations. The study of internal control should include: Review of the System which is primarily the process of obtaining information about the organization and the procedures prescribed and are intended to serve as the basis for tests of compliance and for evaluation of the system. Test of Compliance, which is made to provide reasonable assurance that the accounting control procedures are being applied as prescribed. 4. Management Information Services A review is to be made to compare the calculating operations of the computer with the desired results by tests of transactions. A review of controls used in the computer system to assure protection of 0 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS files and prevention of processing errors and a review of the data processing operation shall be made. 5. Reports In addition to the Independent Auditors' Report, the firm agrees to prepare the following reports during the term of the contract: a. Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Governmental Audit Standards. b. Independent Auditors' Report on Compliance with Requirements Applicable to Each Major Program and on Internal Control Over Compliance in Accordance with OMB Circular A-133 and Rules of the Auditor General. C. Independent Auditors' Report on Compliance with Requirements Applicable to Each Major State Project and on Internal Control Over Compliance in Accordance with Chapter 10.550, Rules of the Auditor General of the State of Florida. d. Schedule of Expenditures of Federal Awards and State Financial Assistance. e. Schedule of Findings and Questioned Costs. f. Data Collection Form as required by OMB Circular A-133 (Auditor's portion). 6. Management Letter The audit report shall include a management letter, as required by the Auditor General of the State of Florida, which, among other matters, may include the following items discovered within the scope of the audit: a. A statement as to whether or not corrective actions have been taken to address significant findings and recommendations made in the preceding annual financial audit report. b. A statement as to whether or not the City is in compliance regarding the investment of public funds. C. Recommendations to improve the City's financial management, accounting procedures and internal controls. d. Violation of laws, regulations, contracts or grant agreements, or abuses that have occurred, or are likely to have occurred, that have an effect on the determination of a financial statement amount that is less than material but more than inconsequential. e. Illegal or improper expenditures discovered within the scope of the financial audit that may or may not materially affect the financial statements. E CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS f. Improper or inadequate accounting procedures. g. Failure to properly record financial transactions. h. Other inaccuracies, irregularities, shortages, defalcations, and instances of fraud discovered by, or that come to the attention of the auditor. The City of Sebastian had no findings in the three most recent audits for the fiscal years ending September 30, 2008, 2009 and 2010. 7. Additional Services If during the contractual period covered by the agreement, additional services such as operational audits, preparation of bond issues, or other services are needed, the auditing firm may, at the option of the City, be engaged to perform these services at the rates established in the agreement. 8. Additional Data Additional information that the auditing firm deems appropriate to assist in evaluating the proposal should be submitted. PROPOSAL REOMEMENTS Eligibility To be eligible to quality as external auditor, the following minimum requirements must be met: I. The firm must have been established as a legal entity in the State of Florida and have performed continuous CPA services for a minimum of five (5) years. 2. The fine must submit an affirmation that the proposer meets the independence requirements of the Standards for Audit of Governmental Organizations, Programs, Activities and Functions, most recent revision, published by the U.S. General Accounting Office, and as specified by Generally Accepted Governmental Auditing Standards. 3. Government Auditing Standards require the Certified Public Accountant in charge of the audit to have completed, within the immediate preceding two (2) years, at least twenty-four (24) hours of continuing professional education that directly relates to government auditing and will enhance the professional proficiency of the auditor to perform audits or attestation engagements. 4. The firm must clearly state in its proposal, the governmental expertise of its staff at the local office level that will be assigned to this project. CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS Information to be included in the Proposal To assure consistency, proposals must conform to the following format: 1. Title Page Show the proposal subject, the legal name of the Proposer's firm, local address, telephone number, name of the contact person and date. 2. Table of Contents Include a clear identification of the material by section and by page number. 3. Letter of Transmittal Limit to not more than two (2) pages. a. Briefly state the Proposers' understanding of the work to be done and make a positive commitment to perform the work within the specified time period. b. Give the names of the persons who will be authorized to make representations for the Proposer, their title, address, and telephone number. C. Give the firm's federal taxpayer identification number. 4. Profile of the Proposer a. State whether the firm is local, regional, or national b. Give the location of the office from which the work is to be done and the number of partners, managers, supervisor seniors, and other professional staff employed at that office. C. Describe the range of activities performed by the local office such as audit, accounting, tax service, or management services. d. Describe the local office's management and/or computer assistance capability including the numbers and classifications of personnel skilled in on-line computer auditing. e. Describe your firm's current partners, managers, supervisors, or staff experience in preparing governmental financial statements in conformance with the Codification of Governmental Accounting and Financial Reporting Standards Board Pronouncements and Interpretations and in providing assistance to clients in obtaining and maintaining the Certificate of Achievement for Excellence in Financial Reporting. Include the names of current clients that have recently received the Certificate. CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS f. For the firm's office that will be assigned responsibility for the audit, list the most significant engagements (maximum of 5) performed in the last five (5) years that are similar to the engagement described in this Request for Proposal. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours and the name and telephone number of the principal contact. List any engagements with other governmental entities where the firm's office that will be responsible for the audit was dismissed; its contract terminated or where the governmental entity refused to exercise the right to renew the firm's contract. Indicate the date and the name and telephone number of the principal contact. 5. Summary of the Proposer's Qualifications Rn Addition to Minimum Ouslifications) a. Identify the current partners, managers, and supervisors who will work on the audit including staff from other than the local office, if necessary, for this audit. An organization chart is required. Resumes for each managerial and supervisory person to be assigned to the audit should be submitted and include the following information: Formal education. 2. Supplemental education relative to governmental accounting and auditing. 3. Experience in public accounting in general. 4. Experience in private business or governments. 5. Experience in auditing governmental units. 6. Experience in computerized system in conjunction with (3), (4) and (5) above. 7. Membership in various National and State governmental accounting boards, committees, or associations (past and present). 8. Professional recognition such as certified public accounting licenses, awards, etc. b. Describe your firm's current partners, managers and supervisors local governmental audit experience within the State of Florida and give the names and telephone numbers of client officials. Other experience with non -similar governmental units may be included only as ancillary information. C. Describe the firm's current partners, managers, and supervisors experience in preparing the single audit for audits of federally assisted programs. d. Describe you firm's current partners, managers and supervisor's participation and experience in peer reviews, specifically the inclusion of governmental audits in the review at both the local and national level. 91 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS e. Describe your firm's current partners, managers and supervisors who had primary responsibility and interaction with municipal officials regarding the municipalities' receipt of the Certificate of Achievement for Excellence in Financial Reporting and the name of those municipalities. f. Submit a copy of the firm's most recent external quality control review, letters of comments, and a statement as to whether the quality control review included a review of specific government engagements. g. Describe how important it is to your firm to perform the City's audit and how you expect to manage the added workload. h. List up to five (5) officials that would be willing and available to provide verbal references as to your firms' performance. List names, titles and phone numbers. 6. Audit Approach a. Describe the overall approach the firm will take in this audit engagement including the extent to which statistical sampling techniques will be utilized. b. Describe the approach that will be used to review the adequacy of the City's internal controls. C. Describe the approach that will be used in auditing information technology. d. Describe the approach that will be used in testing for legal and regulatory compliance. e. Describe the method and work plan for auditing pending GASB pronouncements in the initial contract year and/or subsequent years. f. Describe measures or accommodations taken by your firm in an attempt to insure the audit was completed on schedule. Name specific clients and whether those steps were successful. g. Describe the assistance that will be provided in meeting the requirements for the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting. The City last received the award for fiscal year ending 2009. h. Identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems and any special assistance that will be requested from the City. 7. Fee Proposal Detail the hours and fees for the audit engagements as described in this request for proposal for each of the three (3) years. Certain years may not require a single audit; therefore, the fee proposal must reflect fees both with and without a single audit for each of the three (3) years. A Fee Proposal Sheet is included as Appendix B for this purpose. The fees are expected to cover reasonable consultation with the City throughout the year regarding responses to prior comments, internal control considerations, changes to GASB, etc. The fees should also include all direct and indirect costs, including all out-of-pocket expenses. Fees should be rounded to the nearest ten (10) dollars. CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS 8. Hourly Rate Sheet An hourly rate sheet for all staff levels must be attached to the Fee Proposal Sheet. Should the City request any additional services, that work shall be performed only if set forth in a written addendum to the contract, prior to the work being done and at the hourly rates indicated. 9. Required Submittals Proposal Form (Appendix A) Fee Proposal Sheet (Appendix B) Proposer Guarantees (Appendix C) Proposer Warranties (Appendix D) Public Entity Crime Statement (Appendix E) Drug -Free Workplace (Appendix F) EVALUATION CRITERIA & SELECTION PROCESS Proposals will be evaluated by the Audit Committee of the City and the proposer will be selected by the City council based on, but not limited to, the following criteria: 1. Qualifications and Experience a. Quality and experience of government engagements of comparable size and complexity. b. Quality and experience of the firm's professional auditing personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation. C. Quality and experience of the firm's professional auditing personnel assigned to perform Single Audit 2. Audit Approach a. Adequacy of proposed staffing plan for the audit. b. Adequacy of general overall audit plan. C. Adequacy of audit plan for the IT function. d. Adequacy of audit plan for the Single Audit. e. Completeness of the response to the Request for Proposal. f Recent, current and projected workload of proposing auditors. 3. Proposed Compensation 4. Oral presentation of proposer 10 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS Should it be considered necessary by the Audit Committee, Proposers may be required to make a presentation. This may be for no more than 10 minutes, with additional time for questions. 5. References The selection process shall be as follows: The Audit Committee of the City shall rank and recommend in order of preference up to three firms deemed to be the most highly qualified to perform the required services. This determination shall be made based on the evaluation criteria set forth above. A scoring sheet for this purpose is included as Appendix G. 2. The City Council shall then select one of the firms recommended by the Audit Committee. The City Manager shall negotiate a contract with the highest -ranked qualified firm unless the City Council documents in its public records the reason for not selecting the highest -ranked qualified firm. The City of Sebastian invites Independent Certified Public Accountants, licensed to practice in Florida, to submit proposals for the performance of an examination of its financial statements for the fiscal years ending September 30, 2011, 2012 and 2013, with the expectation that the annual audit contracts will also be awarded for two (2) years thereafter, subject to the mutual satisfaction of both parties. The purpose of the examination is to express an opinion on the fairness with which the general purpose financial statement present the City's financial position, results of operations and cash flows of its proprietary fund types in conformity with generally accepted governmental accounting principles and to determine whether operations were conducted in accordance with legal and regulatory requirements. General Information The auditor's principal contact with the City will be Ken Killgore, Finance Director, or his designated representative, who will coordinate the assistance to be provided to the auditor. 2. The City is located in Indian River County on Florida's east coast. Sebastian has a City Council/City Manager form of municipal government with a population of approximately 23,000. The City employs approximately 125 full-time and 50 part-time personnel, with an annual budget of $22.1 million (including interfund transfers). 3. The City does not perform utility billing, other than stormwater fees that are billed on the county issued property tax bill. The City has two blended component units. The Riverfront Redevelopment Agency (CRA), presented as a special revenue major fund type and the Police Officers' Pension Plan, accounted for as a Pension Trust fund. There are seven (7) other special revenue funds, two (2) debt service funds and (4) capital project funds. The City has three (3) enterprise funds for the airport, golf course and the building Department. 4. The City has received GFOA's Distinguished Budget Presentation Award for the past seven years. Operating and capital project budgets are recorded in the automated accounting system, as well as 11 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS budget amendments and transfers between accounts. 5. The City Staff prepares the CAFR and has received the GFOA's Certificate of Achievement for Excellence in Financial Reporting for the past 11 consecutive years. 6. The City does not have an internal audit department. 7. The City's computer system vendor for financial accounting and reporting is MIMS. The general ledger accounting, payroll, fixed assets and cash receipts systems are fully automated. Access to a terminal will be made available. 8. Copies of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2010, which included an unqualified audit opinion and the Fiscal Year 2010-2011 Operating and Capital Budget, are available for review on the City's website. TIME REQUIREMENTS 1. Date Audit May Commence The audit may commence immediately upon execution of the contract. 2. Schedule for FY 2011 Audit Each of the following shall be completed no later than the dates specified, unless specific arrangements have been mutually made: a. Interim Work shall be completed by the auditor no later than September 23, 2011. b. Detailed Audit Plan shall be completed no later than September 23, 2011. The Auditor shall work with the City during development and shall include a list of all schedules to be completed by the City Staff prior to the beginning of field work. C. The City will close the books and prepare the City trial balances for all funds no later than November 21, 2011. d. Field Work shall begin no earlier than December 1, 2011 and be completed no later than January 27, 2012. e. The City will prepare a draft of the CAFR, including notes and disclosures, no later than February 15, 2012. After review by the Auditor, the City will make final corrections and provide a final document, suitable for printing. The Auditor will then provide the audit reports and management letter comments in print -ready form for collation by the City. The City will then prepare City Management's responses to the management letter comments, such that the completed final document can be forwarded to the printer not later than February 28, 2012. For fiscal years ending September 30, 2012 and September 30, 2013, the schedules will be similar to 12 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS the September 30, 2011 audit schedule upon the mutual agreement of the City and the auditor. MEETINGS WITH THE CITY Meetings are to be held with the City's Finance Director consistent with the following: 1. An entrance conference shall be held with the City upon execution of the contract. The purpose of this meeting will be to discuss prior audit problems and the interim work to be performed. This meeting will also be used to establish overall liaison for the audit and to make arrangements for workspace and other needs of the auditor. 2. After completion of interim and before final field work: a. Discuss steps taken by the City to address findings from the prior year's audit. b. Discuss steps taken by the City to address comments from the prior year's GFOA review. C. Discuss effect of any regulatory changes or new statements of the Governmental Accounting Standards Board that will require implementation by the City. d. Review of the Audit Plan. 3. At the conclusion of final field work and prior to issuance of draft report: a. Discuss how plan is progressing. b. Discuss any risks or exposures that have been identified. C. Discuss any issues that may have arisen during the audit. 4. After completion of draft report and prior to issuance of final report: a. Discuss schedule for completion of the audit. b. Discuss and review findings. C. Discuss and review draft of auditor letters. 5. Upon completion and printing of the final report: a. Present the CAFR to the City Council. b. Inform City Council about the adequacy of the City's internal controls. C. Inform City Council about findings or areas of concern. 13 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS d. Discuss City Managements' responses to findings. e. Respond to questions from the City Council and the public. GENERAL INFORMATION 1. Working Papers Work papers are the property of the audit firm and shall be retained for a period of three (3) years and shall be available to inspect and reproduce upon request of the City or its authorized representatives. The firm shall respond to the reasonable inquires of successor auditors and allow them to review working papers relating to matters of continuing accounting significance. No charges shall be made for making the work papers available, except reasonable charges for reproduction. 2. Staff Assignments The City reserves the right to approve, reject or request rotation of staff assigned to the City's audit. 3. Manner of Payment Progress payments will be made on the basis of hours of work completed during the course of the engagement in accordance with an agreement reached during contract negotiations. Interim billings shall cover a period of not less than a calendar month. Ten (10%) percent of the total contract will be withheld pending delivery and acceptance of the firm's final reports. Any obligation of the City for payment is subject to the availability of funds lawfully appropriated for its purpose by the City Council. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION Administrative Services Department Assistance The Administrative Services Staff and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations shall be the responsibility of the City. Electronic Data Processing Assistance City personnel will be available to provide systems documentation and explanations. Statements and Schedules to be prepared by the City The statements and schedules needed to reconcile or support journal entries or provide details of required disclosures in the financial reports will be prepared by the City. Work Area, Telephones, Photocopying, Scanning and FAX machines 14 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS The City will provide the auditor with reasonable workspace, tables and chairs. The Auditor will also be provided with reasonable access to a telephone line, photocopying facilities, scanning and a FAX machine. Report Preparation The City will provide the Final CAFR in a portable document format (pdf) to the Auditor for final review before the release of the Independent Auditor's Report. The City will collate the Independent Audit Report with the final draft of the CAFR. 1. Licenses and Permits The successful Proposer agrees to secure all necessary licenses and permits and agrees to comply with all Federal, State and Local laws, as well as local ordinance, rules and/or regulations that in any manner that could affect the services to be provided under the Request for Proposals and any subsequent agreement arising out of the RFP. The successful Proposer is responsible for determining and paying any fees that may be necessary to perform this RFP and any subsequent agreement arising out of the RFP. 2. Insurance Cost for all insurance shall be bom by the Proposer. All insurance shall be acceptable to the City in its sole discretion. Such insurance shall be in a form, and from insurance companies satisfactory to the City in limits of not less than ONE MILLION DOLLARS ($1,000,000.00), protecting the Proposer, to include all officers, employees, agents and assignees of the Proposer, against claim of the City from negligence, errors, mistakes or omissions in the performance of the services to be performed and furnished by the Proposer. The policy must be endorsed to provide the City with thirty (30) days' notice of cancellation, restrictions, or reductions in policy limits, or increase in self-insured retentions and reflect that the City has been named an additional insured. The Proposer will not commence work until all insurance under this section and such insurance coverage as might be required by the City is obtained and certificates of insurance evidencing the insurance coverage are filed with the City. The certificates of insurance shall not only name the types of policies provided but shall all state that such insurance is as required by the City's contract. If the initial insurance expires prior to the completion of operations and/or services by the Proposer, renewal certificates of insurance and required copies of policies shall be furnished by the Proposer and delivered to the City prior to the date of their expiration. 3. Modification Oral changes are not permitted. No change shall be made unless the City gives prior written approval. This provision shall be strictly construed and the Proposer hereby acknowledges and understands that it is solely liable for all costs resulting from, and/or satisfactorily correcting, any change to the RFP, or any subsequent agreement arising out of the RFP, not properly ordered in writing by the City. 4. Amendments. Clarifications and Corrections 15 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS Amendments to Proposals prior to the due date should be submitted in a sealed package in the same manner as the initial Proposal. Proposers may be asked to provide further information during the selction process. The City may waive any informality, technicality or irregularity. The City may also allow corrections to mathematical calculations. 5. Cancellations and Withdrawals The City may postpone or cancel the auditor selection process. The Proposers may also withdraw their Proposal prior to the due date, provided that it is done in writing and a confirming telephone call is made to the Finance Director. 6. Governine Law and Venue This RFP, and any subsequent agreement arising out of the RFP, shall be interpreted under and its performance governed by the laws of the State of Florida. 7. Attorney Fees In the event it becomes necessary for the City to seek legal means to enforce the terms of this RFP, or any subsequent agreement arising out of the RFP, the Proposer will be liable for all reasonable litigation fees and cost incurred by the City in the prosecution or defense of such action, or in any post judgment or collection proceedings. This shall include any bankruptcy proceedings filed by are against the Proposer. 8. Award Nothing contained in the proposal documents is intended or does create an entitlement or property interest in the award of contract to the low proposing vendor. The low proposing vender is not entitled to award of this contract. 16 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS APPENDIX A PROPOSAL FORM Firm Name City, State, Zip Code Home Office Address Telephone Number Address of Branch Office to be servicing the City of Sebastian (other than above) Name, Title and Telephone Number of Contact Representative for the City of Sebastian The undersigned attest to his (her, their) authority to submit this Proposal and bind the firm herein named to perform as per contract, if the firm is awarded the contract by the City of Sebastian. Signature Typed Name and Title of Above Signer 17 Witness Signature CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS APPENDIX B FEE PROPOSAL SHEET Fiscal Year 2011: 1. Financial Audit: Partners Managers Supervisor Staff Other (specify): Subtotal Out-of-pocket expenses: Meals and lodging Transportation Other (specify): Fiscal Year 2011 Financial Audit Fee 2. Fiscal Year 2011 Single Audit Fee (If Required) Fiscal Year 2012: 1. Financial Audit: Partners Managers Supervisor Staff Other (specify): Subtotal Out-of-pocket expenses: Meals and lodging Transportation Other (specify): Fiscal Year 2012 Financial Audit Fee 2. Fiscal Year 2012 Single Audit Fee (If Required) 18 Hours Rates Total Hours Rates Total CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS APPENDIX B FEE PROPOSAL SHEET (CONTINUED) Fiscal Year 2013: Hours Rates Total 1. Financial Audit: Partners Managers Supervisor Staff Other (specify): Subtotal Out-of-pocket expenses: Meals and lodging Transportation Other (specify): Fiscal Year 2013 Financial Audit Fee $ 2. Fiscal Year 2013 Single Audit Fee (If Required) $ 19 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS APPENDIX C PROPOSER GUARANTEES I. The proposer certifies it can and will provide and make available, as a minimum, all services set forth in Section H, Nature of Services Required. II. Proposer should list any additional guarantees and/or representations pertinent to the proposal. Signature of Official: Name Title: 20 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS APPENDIX D PROPOSER WARRANTIES A. Proposer warrants that it is willing and able to comply with State of Florida laws with respect to foreign (non -state of Florida) corporations. B. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof. C. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Sebastian. D. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: Name Date: 21 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS APPENDIX E PUBLIC ENTITY CRIME STATEMENT SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with the Independent Auditing Services Proposal for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by whose business address is and (if applicable) its Federal Employer Identification (FEIN) is 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 22 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS APPENDIX E PUBLIC ENTITY CRE%IE STATEMENT (CONTINUED) 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (Signature) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2011 by_ (title) on behalf of personally known to me or has produced take an oath. . He/she is as identification and did ( ) did not ( ) (Notary Signature) My Commission Expires: Commission Number: 23 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS APPENDIX F DRUG-FREE WORKPLACE The undersigned, in accordance with Florida Statute 287.087 herby certifies that it does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date Name and Title 24 CITY OF SEBASTIAN, FLORIDA INDEPENDENT AUDIT SERVICES REQUEST FOR PROPOSALS APPENDIX G AUDITOR SELECTION SCORING SHEET For Fiscal Years 2011, 2012 and 2013 MAXIMUM POINTS FACTORS IN EVALUATION: POINTS ASSIGNED Ability of Personnel: Education, achievements and experience with florida municipal audits of the assigned personnel - up to 5 points. Plus, for experience of assigned 10 personnel with the Certificate of Achievement program - up to 5 points. Audit Firm's Experience: Recent history of sucessfully performing florida municipal audits. Up to 10 points for similar 15 sized municipal clients and up to 5 additional points for firms located within the City's local vender preference area. Ability to Sucessfully Perform Audit: Indications that the Audit Firm has a thorough understanding of the work to be done and associated staffing requirements - up to 5 points, requirements for compliance with Single Audit Act - up 20 to 5 points, and pronouncements by the Governmental Accounting Standards Board - up to 5 points. Up to 5 additional points when it is apparent that the Audit Firm places high importance on the City's audit relative to other clients and can reasonably manage the additional workload. Performance Record: Audit Firm demonstrates a pattern of 15 assisting their clients and delivering the audit report within a satisfactory timeframe. Up to 15 points. Proposed Compensation: Clear presentation of the maximum fees to be paid in each of the next three years. 40 Additional points will be assigned if the Audit Firm proposes fees that are less than competitors. Up to 40 points. 100 0 25