REQUEST FOR PROPOSALS (RFP) Audit Services

Transcription

1 REQUEST FOR PROPOSALS (RFP) Audit Services RFP: Project Name: Audit Services Contracting Agency: City of Green Cove Springs Address: 321 Walnut Street Green Cove Springs, FL Telephone: (904) ext

2 Notice of Request for Proposals Proposal-based competitive sealed proposals will be received at the City Hall Office, 321 Walnut Street, Green Cove Springs, FL until 10:00 a.m., Wednesday, September 7, 2016, local time, for: RFP No , Audit Services. Proposals shall be labeled RFP No Audit Services. Number of Copies: Submit a total of one (1) original, so labeled, and four (4) complete hardcopies of the entire response. An original signature must appear on the original hardcopy response. Executed Public Entity Crimes and Drug-Free Workplace forms, along with Standard Addendum to Contracts must accompany the submittal. Failure to do so will result in a proposal being declared nonresponsive. Any persons wishing their proposal to be considered is responsible for making certain that their proposal is received at the proper place and time. No oral, telegraphic, electronic, facsimile, or telephonic proposals or modifications will be considered unless specified. Proposals received after the scheduled submittal deadline will be returned unopened. Request for Proposals packages can be obtained by website, under Bidding Opportunities. Additional information concerning the proposed service can be obtained by: Lauren Fitzgerald, Assistant Finance Director, At (904) , ext lfitzgerald@greencovesprings.com or Bids@greencovesprings.com From 7:00a.m. 5:30p.m., Monday Thursday at the Green Cove Springs City Hall. Lauren Fitzgerald, Assistant Finance Director RFP

3 1. PROCEDURES The City of Green Cove Springs is soliciting proposals from qualified firms of certified public accountants to audit the financial statements of the City of Green Cove Springs for a term not to exceed six (6) years beginning with the fiscal year October 1, 2016 through the fiscal year ending September 30, Questions & Additional Information Written inquiries concerning this Proposal may be made to: Lauren Fitzgerald Assistant Finance Director Re: Audit Services 321 Walnut Street Green Cove Springs, FL lfitzgerald@greencovesprings.com bids@greencovesprings.com 2. Sealed Proposals To be considered, one (1) original and four (4) copies of the sealed Proposal should be submitted in a sealed package, clearly identified as AUDIT SERVICES no later than 10:00 a.m., September 7, 2016 mailed or delivered to: Lauren Fitzgerald Assistant Finance Director City of Green Cove Springs 321 Walnut Street Green Cove Springs, FL Responses All responses must be presented in the same order as specified in this Proposal. Supporting material may be provided; however, the City s decision will primarily be based upon a comparison of the information specifically requested. 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 and the City reserves the right to award the contract to the lowest responsible proposer submitting a responsible proposal with a resulting negotiated agreement that is most advantageous and in the best interest of the City. The City shall be the sole judge of the Proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. All applicable laws and regulations of the State of Florida and ordinances and regulations of the City of Green Cove Springs will apply to any resulting agreement. Proposals shall clearly indicate the legal name, address and telephone number of the proposer (company, firm, partnership, and individual). Proposals shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the Proposer to the submitted Proposal. There is no expressed or implied obligation for the City of Green Cove Springs to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. RFP

4 All responses shall breakdown the fees by year and program. Years: Programs: 1. Financial Audit and preparation of Statements 2. Single Audit 3. Filing Form SFSAC and A133 Reporting Package 4. Preparation of Annual Financial Report (AFR) as required by section Florida Statutes 4. Insurance Requirements An affirmative statement should be included indicating that the firm can and will comply with the insurance requirements in Appendix C. 5. Auditor Selection Proposals submitted will be evaluated by the Auditor Selection Committee. The Committee s recommendation will be forwarded to the City Manager for review with final presentation to the City Council. 2. PROPOSAL REQUIREMENTS 1. Eligibility To be eligible to qualify as external auditor, the following minimum requirements must be met. a. 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 ten (10) years. b. The firm must hold License to Practice in Florida. An affirmative statement should be included indicating that the firm and all assigned key professional staff are properly licensed to practice in Florida. c. The firm should provide an affirmative statement that is independent of the City of Green Cove Springs as defined by generally accepted auditing standards/u.s. General Accounting Office s Government Auditing Standards. d. The firm must also be a member of the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants. e. The certified public accountant in charge of the audit to be performed must have completed, at least twenty-four (24) hours of continuing professional education programs that are approved by the Board of Accountancy, and are directly related to the government environment and to governmental auditing within the last two (2) years. f. The firm should clearly indicate its available governmental expertise at the local office level. 2. Information to be included in the Proposal In order to maintain comparability and enhance the review process, it is required that Proposals be organized in the manner specified below. RFP

5 a. Title Page- Show the Proposal subject, the name of the Proposer s firm, local address, telephone number, name of contact person, and date. b. Table of Contents- Include a clear identification of the material by section and by page number. c. Letter of Transmittal- Limit to no more than two (2) pages. 1. Briefly state the Proposer s understanding of the work to be done and make a positive commitment to perform the work within the specified time period. 2. Provide the names of the persons who will be authorized to make representations for the Proposer, their titles, addresses, and telephone numbers. 3. Provide the firm s federal taxpayer identification number. d. Executed copies of the following documents: -Public Entity Crime Statement -Drug Free Workplace Statement -Proposal Sheet e. Profile of the Proposer 1. State whether the firm is local, regional, or national. 2. Provide the location of the office from which the work is to be done and the number of partners, managers, supervisors, seniors, and other professional staff employed at the office. 3. Describe the range of activities performed by the local office such as audit, accounting, tax service, or management services. 4. Describe the local office s management and/or computer assistance capability including the numbers and classifications of personnel skilled in computer auditing. 5. 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. f. Summary of the Proposer s Qualifications (in addition to minimum qualifications) 1. 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 shall be submitted and include the following information: (a) Formal education (b) Supplemental education relative to governmental accounting and auditing (c) Experience in public accounting in general (d) Experience in private business or government (e) Experience in auditing governmental units (f) Experience in computerized systems (g) Membership in various national and state governmental (h) accounting boards, committees, or associations (past & present) Professional recognition such as Certified Public Accounting licenses, awards, etc. Documentation should be provided indicating that the CPA license held is active and in good standing. 2. Describe your firm s current partners, managers, and supervisors local government audit experience within the State of Florida and give the names RFP

6 and telephone numbers of client officials. Other experience with non-similar governmental units may be included only as ancillary information. 3. Describe your firm s current partners, managers, and supervisors experience in peer reviews, specifically the inclusion of governmental audits in the review, at both the local and national level. 4. Describe your firm s current partners, managers, and supervisors experience in preparing the single audits of federally assisted programs. 5. The firm is also required to submit a copy of its most recent external quality control review, with a statement whether that quality control review included specific government engagements. 6. The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three years. In addition, the firm shall provide information on the circumstance and status or any disciplinary action taken or pending against the firm in the past three with state regulatory bodies or professional organizations. g. Scope Section 1. Clearly describe in the scope section the required services to be provided assuming that the requested services includes examination of financial statements, a financial audit as defined in F.S and a compliance audit required by OMB Circular A-133(and other applicable OMB Circulars and related guidance), Uniform Financial Reporting Standards, the Single Audit Act, and Rules of the Auditor General. 2. The firm also should indicate how the quality of staff will be assured over the term of the agreement. The City requires that at least 50% of the staff performing the current years audit will participate in the next year s audit. Any replacements in audit personnel should have substantially the same or better qualifications and experience. 3. The proposal should set forth a work plan, including an explanation of audit methodology to be followed. C. AUDITS 1. Financial Audit The examination will be made in accordance with generally accepted auditing standards in the United States of America and the Standards contained in the Government Auditing Standards, issued by the Comptroller General of the U.S. The primary purpose of the examination is to express an opinion on the financial statements and that such an examination is subject to the inherent risk that errors or irregularities may not be detected. If conditions are discovered which lead to the belief that material errors, defalcation or other irregularities may exist, or if any other circumstances are encounters that require extended services, the auditor will promptly advise the requester. No extended services will be performed unless they are authorized in the contractual agreement or in an amendment to the agreement. The auditors shall familiarize themselves with and comply with the provisions of any and all Federal, State and City orders, statutes, ordinances, Charter, bond covenants, Administrative Code and Orders, rules, and regulations which may pertain to the work required in the engagement. 2. Single Audit A financial and compliance audit, Single Audit, of Federal and State grants shall be performed as defined in the GAO s Government Auditing Standards (2003), the RFP

7 provisions of Single Audit Act Amendments of 1996 and the U.S. Office of Management and Budget s (OMB) Circular A-133, Audits of State and Local Governments, and the State of Florida, rules of the Auditor General. 3. Review of Internal Controls An evaluation is to be made of the system of internal control to assess the extent it can be relied upon to ensure accurate information, to ensure compliance with law and regulations, and to provide for efficient and effective operations. The study of internal control should include: a. Review of the system which is primarily the process of obtaining information about the organization and the procedures prescribed and its intended to serve as the basis for tests of compliance and for evaluation of the system. b. Tests of compliance which are 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 center to assure protection of files and prevention of processing errors and a review of the data processing operation shall be made. 5. Reports The City requires an opinion and a separate single audit report that complies with OMB Circular A-133. Any adjusting journal entries identified by the auditors shall be compiled in a report and reviewed with the City Manager and the Finance Director. The auditors will coordinate the posting of the adjusting entries with the Finance Director to ensure accurate fiscal year ending and beginning balances. The Auditor shall have drafts of the financial statements and recommendations to management available for review by the Finance Director and the City Manager by late January to early February each year. These drafts should be computer files, preformatted to print the financial statements in Excel and Word. Software version compatibility with City applications is to be confirmed and ensured annually. The Finance Director will complete the review of the draft report files as expeditiously as possible. During that period, the auditor should be available for any meetings that may be necessary to discuss the audit reports. Once all issues for discussion are resolved, the final report shall be delivered to the Finance Director no later than March 15 th each year. The Auditor shall present the final report to the City Council in April. 6. Management Letter The audit report shall include a management letter which shall contain the audit findings which, among other matters, may include the following material items discovered within the scope of the audit: a. Whether errors or irregularities reported in the preceding annual financial audit have been corrected; b. Whether recommendations made in the preceding annual financial audit have been followed; RFP

8 c. Recommendations to improve the City's present financial management, accounting procedures, internal controls, and increase efficiency; d. Violation of the laws, rules and regulations discovered within the scope of the financial audit which may or may not materially affect the financial statements; e. Illegal or improper expenditures discovered within the scope of the financial audit which do or do not materially affect the financial statements; f. Improper or inadequate accounting procedures; g. Failure to properly record financial transactions; h. Other inaccuracies, irregularities, shortages, and defalcations, if any, discovered by the auditor. 7. Additional Services If, during the contractual period covered by the agreement, additional services, such as grant or operational audits, preparation of bond issues, or management advisory services are needed, the accounting firm may, at the option of the City, be engaged to perform these services at the rates established in the agreement. The firm will be requested to grant permission to use the Auditor s Opinion in the Official Statement of any future bond issues. D. EVALUATION OF PROPOSALS Proposals will be evaluated using a predetermined method to ascertain which Proposer best meets the needs of the requester. In some circumstances, Proposals may be so similar in quality that oral interviews may have to be arranged to assist in making the final selection. Evaluation considerations will include the following: a. Responsiveness of the Proposal in clearly stating the understanding of work to be performed. b. The quality, availability, and adaptability of the audit services to be rendered. c. Technical experience of the firm. d. Previous municipal experience and professional activities of the audit team. e. Ability, capacity, and skill of the Proposer to perform the audit services on a timely basis. f. Responses of the client references. g. Size and organizational structure of the firm. h. Adequacy of proposed staffing plan for various segments of the audit. i. Responsiveness of the Proposal to mandatory elements. j. The firm has no conflict of interest with regard to any other work performed. k. Annual fees proposed for: (1) Audit of the Basic Financial Statements to include the Governmental Activities, Business-Type Activities and all major funds and remaining aggregate fund information. (2) Additional Procedures and reports for Single Audits. (3) Preparation and filing of Form SF-SAC and the A-133 Reporting Package. RFP

9 (4) Preparation of Annual Financial Report (AFR) as required by Section Florida Statutes Evaluation of Proposals on the basis of qualifications, relevant experience, and responsiveness of the firms will be conducted by the Audit Selection Committee. The City Manager will make a recommendation to the City Council. E. DESCRIPTION OF GOVERNMENT The auditor's principal contact with the City of Green Cove Springs will be Marlena Guthrie, CPA, Finance Director or a designated representative, who will coordinate the assistance to be provided by the City of Green Cove Springs to the auditor. 1. Background Information The City of Green Cove Springs has a population of approximately 7,000 people and is the County Seat located within Clay County, Florida. The City employs an average of 100 full and part-time employees and had a total payroll with benefits of approximately 6.0 million in fiscal year 2015/2016. The City is organized into sixteen (16) departments in General Fund, two (2) Special Revenue Funds, one (1) Internal Service Fund, two (2) Capital Project Funds, and five (5) Enterprise Funds. The City of Green Cove Springs provides the following services to its citizens: * Police protection * Construction and maintenance of streets, bridges, sidewalks, storm drainage, public parks and recreation facilities * City planning, zoning, subdivision and building code regulation and enforcement * Redevelopment of declining commercial and residential neighborhoods * Refuse and trash collection * Water supply and distribution * Storm and waste water collection, treatment and disposal * Electric distribution service More detailed information on the government and its finances can be found in the Annual Budget and the Annual Financial Report documents. 2. Fund Structure The City of Green Cove Springs uses the following fund types and account groups in its financial reporting: RFP

10 Fund Type/Account Group Number of Individual Funds Number with Legally Adopted Annual Budgets Major Governmental Funds 1 1 Non-Major Governmental Funds 4 4 Proprietary Funds 6 6 Enterprise Funds 5 5 Pension Trust Funds Pension Plan The City of Green Cove Springs participates in the following retirement plans: * Florida Retirement System (Regular and Special Risk) * Florida Municipal Pension Trust for Police Officers * General Employee Money Purchase Plan (Nationwide) * ICMA Retirement * Deferred Compensation Plan (in accordance with IRS Code 457) Mass Mutual 4. Organization The Finance Department is headed by Marlena Guthrie, CPA, and Finance Director and consists of 9 employees. The Department includes the functions of accounting and financial reporting, budgeting, utility billing and collection revenue. 5. Data Processing The Financial System that the City uses is American Data Group Financial Management Software. The applications supported by this system are general ledger, accounts payable, budgetary, purchasing, utility billing, payroll/personnel, fixed assets, centralized Cash Receipting, Accounts Receivable, Building Permits, Code Enforcement, Business License and inventory. F. GENERAL INFORMATION 1. Documents available for review Prior years' audit reports, management letters, and budget documents will be available for review upon request. 2. 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. 3. Staff Assignment RFP

11 The City reserves the right to approve or reject staff assigned to the City's audit. 4. Audit Report The auditor shall submit a signed audit report on the fair presentation of the financial statements in conformity with generally accepted accounting principles no later than March 15, subsequent to the City's fiscal year-end. 5. Audit Planning a. First Week of June 2017 Entrance Conference An entrance conference shall be held between the City of Green Cove Springs key personnel and the auditor prior to the start of the engagement. 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 work space and other needs of the auditor. b. First Week in September 2017, Progress Conference with Finance Director The purpose of this meeting will be to summarize the results of the preliminary review and to identify the key controls or other matters to be tested and to discuss the year-end work to be performed. c. First Week in November 2017 Commencement Commencement of audit work to begin by November 1, d. 1/31/2018 e. Week of 03/01/2018 Exit Conference with Finance Director and key personnel The purpose of this meeting will be to summarize the results of the field work and to review significant findings. 6. 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. Twenty percent (20%) of the total contract will be withheld pending delivery and acceptance of the firm's final reports. G. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION 1. Finance Department and Clerical Assistance RFP

12 The Finance Department 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 of Green Cove Springs. 2. Electronic Data Processing (EDP) Assistance City of Green Cove Springs EDP personnel will be available to provide systems documentation and explanations. 3. Statements and Schedules to be prepared by the Staff Supporting schedules needed by the auditors will be prepared by the City of Green Cove Springs personnel. 4. Work Area, Telephones, Photocopying and FAX machines The City of Green Cove Springs will provide the auditor with reasonable work space, tables and chairs. The auditor will also be provided with reasonable access to an internet connection, telephone line, photocopying facilities and a FAX machine. 5. Report Preparation Report preparation and printing shall be the responsibility of the auditor. The auditor and the City of Green Cove Springs shall be jointly responsible for editing. 6. Miscellaneous Fees All firms will be considered local with regards to fees for travel, meals, telephone calls, etc. These type charges should not be billed to the City. RFP

13 III. INQUIRIES AND INTERPRETATIONS Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum and posted to the city s website and/ or ed to all acknowledge parties recorded by the City as having received a copy of the RFP. All information regarding this RFP shall be placed on the City s website at Requests for interpretation or changes to this RFP must be received by the City s contact person listed. All such addenda issued by the City prior to the last date that submittals are required to be received shall be considered part of the RFP, and the Respondent shall be required to consider and acknowledge receipt of such in its response. Firms receiving this RFP other than directly from the City are responsible for notifying the Finance Department that they are in receipt of a submittal package and are to provide a name and address in the event an amendment is issued. It is the obligation of the Respondent to make sure that it has received all addenda prior to submission of its response. Respondents may obtain information on all addenda issued to the date of inquiry from the City s contact person or at Only those responses to inquiries, which are made by formal written addenda, shall be binding. Oral and other interpretations or clarifications will be without legal effect, and shall not be binding on the City. The Respondent must acknowledge receipt of all addenda in its response, failure to do so will deem the proposal non-respondent. V. SELECTION PROCESS: The selection process will be conducted in accordance with Florida Statutes, Chapter A Selection Committee will evaluate and rank the proposals based on Criteria outlined within the RFP. Review of Written Proposals Using the criteria given in the Evaluation of Proposals section of this RFP and with emphasis on professional competence, the City of Green Cove Springs Selection Committee shall review all proposals received to determine those Team individuals, who are fully qualified, responsible and suitable to provide the professional services set forth by this Request for Proposals. Evaluation Using all of the information developed during the proposal review, the City of Green Cove Springs shall then select in order of preference whose professional Proposals are deemed most meritorious. The City Manager will be the tie breaker if such a tie develops in the reviewing stage. At that time, the City will then present to Council. RFP

14 PROPOSAL EVALUATION CRITERIA TAB ONE: Professional Qualifications / Project Staffing (0-35 Points) Provide the following information as it relates to the proposed project team s qualifications and the project team s staffing: 1. Firm name and address 2. Name, title, address, telephone/fax number of Principal to contact 3. Address of office to perform work 4. Brief resume of key persons, specialists and individual consultants anticipated for this project: a) Name/title b) Project assignment c) Name of firm with which associated d) Years experience with current firm and years experience with other firms e) Years experience of key personnel with non-profit auditing and tax services f) Education (degree(s), specialization) g) Active registrations (year first registered, discipline) h) Indicate how the quality of staff over the term of the contract would be assured i) Other experience and qualifications that may be relevant to the project 5. Describe the Proposer s range of activities performed by the local office such as auditing and review, accounting and compilation, payroll and tax, and/or management services 6. Provide the name of the external quality control review organization of which the Proposer is a member and the Proposer s length of membership; also, state the review organization s planned frequency of peer reviews 7. Submit a copy of the report on its most recent external quality control review, with a statement whether that quality control review included a review of specific non-profit/government engagements 8. Provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years 9. Provide documentation of insurance coverage maintained by the proposer evidencing Professional Liability, Workers Compensation, General Liability and Automobile Liability. Consideration will be given to, but not limited to, professional registrations, years of experience with local government agencies, and other experience/qualifications that may be relevant to the proposed project. TAB TWO: Personnel Capabilities/References (0-10 Points) Provide evidence of the firm s credentials from the State s Department of State and a listing of the firm s personnel to respond to and fulfill the needs in the City for the contracted services on an annual and/or as needed basis throughout the term of the contract. For the firm s office (staff) that will be assigned responsibility for the audit and tax services, list at least three (3) engagements performed in the last five (5) years that are similar to the engagement described in this RFP. 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 client contact. RFP

15 TAB THREE: Methodology (0-40 Points) Provide a description outlining the services to be performed. Such description should at a minimum include: 1. Proposer s understanding of the service(s) to be provided; 2. Provide a definition of the term generally accepted government auditing standards with clear distinctions between these standards and generally accepted auditing standards for nongovernmental engagements ; 3. Proposed software applications to be utilized in the audit preparations; 4. Proposer s approach to an annual financial audit, including methodology, nature, timing and extent of audit procedures to be performed 5. Proposer shall estimate budgeted hours, time lines and sequence for audit procedures; 6. Include a proposed schedule for the audit containing the following milestones (a) interim work plan (b) detailed audit plan (c) fieldwork (d) draft reports; 7. Include in a work plan how the firm will achieve audit efficiency through risk-based auditing and through the application of technology to the engagement; discuss process by which the firm will communicate issues with the City management and audit entities; 8. Describe the level of assistance that will be expected from the City; 9. Describe how Proposer meets the independence standards of Government Auditing Standards, United States General Accounting Office (GAO); including, but not limited to, direct and indirect financial interest, and the relationship of the proposed audit team to employees of the audit entity; 10. Project plan and any other pertinent information. TAB FOUR: Price Proposal (0-15 Points) Price proposal submitted should contain all pricing information relative to performing the required services as described in this RFP. The total all-inclusive maximum price is to contain all direct and indirect costs including all out-of-pocket expenses. Submitted price proposal should include: 1. A not-to-exceed cost of services being offered for the audits and tax services of each fiscal year; 2. Number of hours estimated to complete the required services; hours should be broken down by partner, manager, supervisor, senior staff accountants, etc.; furnish standard billing rates for each of these classes; 3. Estimate of any other costs such as mileage, travel, clerical and/or secretarial time, etc; 4. The City will be billed actual hours if less than quoted in the not-to-exceed price proposal Submit pricing for the City beginning with fiscal year ending September 30, 2017 and include fees for the initial term and for each of the optional two year renewal terms: NOTE: Compensation will not be the sole or predominant factor used to evaluate and award the proposal. The City of Green Cove Springs reserves the right to negotiate and contract with any Team firm or individual suited to provide the services required for this project. RFP

16 ADDITIONAL REQUIREMENTS TERM OWNER The term Owner where used in these documents, refers to the City of Green Cove Springs. DATE AND RECEIPT OF RFP Formally advertised Request for Proposals indicates a time and date for receipt of the RFP. Responses are date stamped upon receipt, those received after the scheduled closing time will be returned unopened to the proposing firm. WITHDRAWAL OF RFP The proposing firm may request withdrawal of their sealed proposal prior to the scheduled receipt date and time via written request to the Assistant Finance Director. After being opened, the RFP will be valid for 60 calendar days and may not be withdrawn during that time. CONTRACT AWARD The City reserves the right to accept or reject any or all Proposals, to waive irregularities and technicalities, and to request resubmission or additional information. The City reserves the right to award the contract to the most responsible and responsive proposing firm, resulting in an agreement, which is most advantageous to and in the best interest of the City of Green Cove Springs. The City shall be the sole judge of the Proposals and the resulting agreement that is in the best interests, and the City of Green Cove Springs decision shall be final. CONTRACT DOCUMENTS The contract entered into by the City of Green Cove Springs and the Lead Team firm shall consist of this Request for Proposals, any addendum issued including the City s Standard Addendum to all City Contracts and Agreements document, the submitted proposal by the contractor, any approved change orders issued, all of which shall be referred to collectively as the Contract Documents. PUBLIC RECORDS LAW Notwithstanding any provision in this agreement to the contrary, the following public records requirements shall apply: CONSULTANT, or provider of services hereunder, shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by the CONSULTANT in conjunction with this Contract. Specifically, the CONSULTANT must: (1) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the services being performed by the CONSULTANT. (2) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer at no cost to the City for all public records in possession of the CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. RFP

17 The CONSULTANT shall promptly provide the City with a copy of any request to inspect or copy public records in possession of the CONSULTANT and shall promptly provide the City a copy of the CONSULTANT s response to each such request. Failure to grant such public access will be grounds for immediate termination of this Contract by the City. THIS ARTICLE WILL BE DEEMED TO APPLY TO ALL SERVICE CONTRACTS UNLESS THE CONSULTANT CAN DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT IT IS NOT ACTING ON BEHALF OF THE CITY UNDER FLORIDA LAW. ADDENDA AND INTERPRETATIONS If it becomes necessary to revise any part of this Request for Qualification, a written addendum will be provided to all known prospective proposing firms which will be posted on City s website. Interpretations, corrections, and changes shall not be binding unless made by Addendum. The proposing firm shall not rely upon interpretations, corrections, or changes made in any other manner, whether by telephone, or in person. All Addenda issued shall become part of the Contract documents. It is the proposing firm s responsibility to ascertain that it has received all Addenda issued for this solicitation. All Addenda must be acknowledged. TERMINATION FOR CONVENIENCE The City of Green Cove Springs shall have the right to terminate at the City s convenience, with or without cause, any Contract resulting from this RFP by specifying the date of termination in a written notice. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed. All work produced shall become the property of the City of Green Cove Springs. INDEMNIFICATION REQUIREMENT The City shall require the following or similar indemnification paragraphs to be made part of the contract(s) as entered into with the successful proposer(s): The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss of use resulting therefrom arising out of performance of the agreement or contract, unless such claims are a result of the City s own negligence. The City shall also be held harmless against all claims for financial loss with respect to the provision of or failure to provide professional or other services resulting in professional, malpractice, or errors or omissions liability arising out of performance of the agreement or contract, unless such claims are a result of the City s own negligence. PROOF OF INSURANCE AND WORKER S COMPENSATION The successful Proposer selected for the project will be required to procure and maintain during the life of the Contract with the City of Green Cove Springs, Florida insurance of the type and in the minimum amounts listed below: a. Commercial General Liability 1. General Aggregate $1,000, Products and Completed Operations Aggregate $1,000, Personal and Advertising Injury $1,000, Each Occurrence $1,000, Fire Damage (any one fire) $ 50,000 RFP

18 6. Medical Expense (any one person) $ 5,000 b. Automobile Liability 1. Any Automobile-Combined bodily injury/property damage, with minimum limits for all additional coverage $1,000,000 as required by Florida law c. Workers Compensation/Employers Liability 1. Workers Compensation statutory limits 2. Employers Liability a. Each Accident $ 100,000 b. Disease-Policy $ 500,000 c. Disease-Each Employee $ 100,000 d. Professional Liability 1. When required by contract-per occurrence $1,000,000 Insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Prior to commencing any work on the contract, certificates of insurance, approved by the City, evidencing the maintenance of said insurance shall be furnished to the City. The certificates shall provide that no material alteration or cancellation, including expiration and non-renewal, shall be effective until fifteen (15) days after receipt of written notice by the City. All coverage s shall name the City as "additional insured". Receipt of certificates or other documents of insurance or policies or copies of policies by the City, or by any of its representatives, which indicate less coverage than required will not constitute a waiver of the successful proposer(s) obligation to fulfill the insurance requirements herein. ANTI-COLLUSION REQUIREMENT: Under no circumstances shall any prospective proposer, or any person or persons acting for or on behalf of any said prospective proposer, seek to influence or gain the support of any member of the City Council or the City Staff favorable to the interest of any prospective proposer or seek to influence or gain the support of any member of the City Council or City Staff against the interest of any prospective proposer. Any such activities shall result in the exclusion of the prospective proposer from consideration by the City. RFP

19 PUBLIC ENTITY CRIMES REQUIREMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in SECTION , for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. SWORN STATEMENT PURSUANT TO SECTION (3)(a), FLORIDA STATUTES, ON ENTITY CRIMES 1. This sworn statement is submitted to by for whose business address is (print individual's name and title) (print name of the public entity) (print name of entity submitting sworn statement) and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph (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 of the United States, including, but not limited to, any Proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph (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 jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. RFP

20 4. I understand that an "affiliate" as defined in Paragraph (1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control 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. c. I understand that a "person" as defined in Paragraph (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 binding contract and which Proposals or applies to Proposal 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. d. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order) RFP

21 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FORM IS VALID THOROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION , FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to an subscribed before me this day of, 20 Personally known OR produced identification Notary Public - State of (Type of identification) My commission expires (Printed typed or stamped commissioned name of notary public) RFP

22 DRUG-FREE WORKPLACE COMPLIANCE FORM In order to have a drug-free workplace program, a business shall abide as follows: The undersigned vendor/contractor in accordance with Florida Statue hereby certifies that (name of business) 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 company s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees or drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in item 1, above. 4. In the statement specified in item 1, notify the employees that as a condition of working on the commodities or contractual services which are under proposal, 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 convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that, (name of business), fully complies/does not comply with the above requirements. Vendor/Contractor Signature Date RFP

23 STANDARD ADDENDUM TO ALL CITY CONTRACTS AND AGREEMENTS Any other provisions of the Contract or Agreement to which this Standard Addendum is attached to the contrary notwithstanding, the parties specifically agree that the provisions hereinafter set forth will apply exclusively with respect to the matters addressed, whether addressed in said Contract or Agreement or not, and shall be deemed an integral part of said Contract or Agreement as if duly set out therein, having a force and effect of equal or superior dignity, as applicable, with the provisions thereof; provided, that if the provisions of the Contract or Agreement address a particular matter in a manner which results in a lower cost to the City than this Standard Addendum, then such provisions of the Contract or Agreement shall control and supersede the applicable provisions hereof (as used herein, the term Contractor means the vendor or other party in the Contract or Agreement providing construction, labor, materials, professional services, and/or equipment to the City thereunder; the term City means Green Cove Springs, a municipal corporation of the State of Florida, its City Council, or any other name or label set forth in the Contract or Agreement identifying such entity). 1. All payments for services rendered, or supplies, materials, equipment and the like constructed, delivered or installed under the Contract or Agreement (the Work) shall be made by the City in accordance with the Local Government Prompt Payment Act (the Act). Upon receipt of a proper statement, invoice or draw request, the City shall have the number of days provided in the Act in which to make payment. 2. Any work or professional services sub-contracted for by the Contractor for which the City has agreed to reimburse the Contractor shall not be marked up, but shall be payable by the City only in the exact amount reasonably incurred by the Contractor. No other such sub-contracted services shall be reimbursed. 3. In the event the Contract or Agreement is for professional services, charged on a time basis, the City shall not be billed or invoiced for time spent traveling to and from the Contractor s offices or other points of dispatch of its sub-contractors, employees, officers, or agents in connection with the services being rendered. 4. The City shall not be liable to reimburse the Contractor for any courier service, telephone, facsimile, or postage charges incurred by the Contractor, except as follows, and then only in the exact amount incurred by the Contractor [if the space below is left blank, then NONE is deemed to have been inserted therein]: 5. The City shall not be liable to reimburse the Contractor for any copying expenses incurred by the Contractor, except as follows, and then only at $0.05 per page [if the space below is left blank, then NONE is deemed to have been inserted therein]: 6. If and only if travel and per diem expenses are addressed in the Contract or Agreement in a manner which expressly provides for the City to reimburse the Contractor for the same, then the City shall reimburse the Contractor only for those travel and per diem expenses reasonably incurred and only in accordance with the provisions of Section , Florida Statutes or as otherwise limited by Florida law. In the event the Contractor has need to utilize hotel accommodations or common carrier services, the City shall reimburse the Contractor for his, her, or its reasonable expense incurred thereby provided prior written approval of the City Manager of the City or his or her designee is obtained. 7. With respect to drawings and/or plans prepared on behalf of the City by the Contractor under the Contract or Agreement, unless specifically provided otherwise therein, complete sets of such RFP