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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-198Temp Reso #10233-August 26, 2003 Page 1 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- ! '-f A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND GRAU & COMPANY, P.A., AS THE CITY'S EXTERNAL AUDITOR FOR A THREE (3) YEAR PERIOD BEGINNING WITH THE FISCAL YEAR ENDING SEPTEMBER 30, 2003, WITH AN OPTION TO RENEW THE CONTRACT IN SUBSEQUENT YEARS AT MUTUALLY ACCEPTABLE TERMS BY BOTH PARTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Charter, section 7.09, states that the Commission shall provide for an independent annual audit of all City accounts made by a Certified Public Accountant and/or firm of such Accountants; and WHEREAS, the City has contracted with Rachlin Cohen & Holtz, LLP, Certified Public Accountants and Consultants, for the past four years to perform the City's independent annual audit and said contract expires with the completion of a financial audit for the fiscal year ending September 30,2002; and WHEREAS, the City Commission and Administration deemed it appropriate to request proposals from accounting firms to ensure continued quality audit services at competitive prices; and t Temp Reso #10233-August 26, 2003 Page 2 WHEREAS, the Audit Services Selection Committee received audit service proposals from accounting firms including Grant Thornton LLP; KPMG LLP; Rachlin Cohen & Holtz LLP; Cherry Bekaert & Holland, LLP; Grau & Company, P.A.; Urbach Kahn & Werlin LLP; and Harvey, Branker & Associates; and WHEREAS, Grant Thornton LLP was rated the highest by the Audit Services Selection Committee; however, mutually acceptable contract terms could not be negotiated; and WHEREAS, the Audit Services Selection Committee after due consideration recommended the award of the audit services contract to the next highest ranked firm, KPMG LLP; and WHEREAS, the City Commission of the City of Tamarac disagrees with the staff recommendation; and WHEREAS, pursuant to Section 7.09 of the City Charter the City Commission may designate an auditing firm annually for a period not to exceed three (3) years; and WHEREAS, upon further review and consideration the City Commission determined to enter into an agreement with Grau & Company, P.A., for auditing services; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to provide for the execution of a contract between the City of Tamarac, Florida and Grau & Company, P.A., for an initial period of three years. Temp Reso #10233-August 26, 2003 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to accept and execute an agreement between the City of Tamarac Florida and Grau & Company, P.A., as the City's external auditors for an initial period of three (3) years beginning with the fiscal year ending September 30, 2003, with an option to renew the contract in subsequent years at mutually acceptable terms by both parties, copy of agreement attached hereto as Exhibit 1. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. 1 Temp Reso #10233-August 26, 2003 Page 4 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27th day of August, 2003. FAA 0M19 MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. (I-M1TCf4tLL T CITY ATTORNEY .- , 4E SCHREIBER, MAY R RECORD OF COMMISSION VOTE: MAYOR SCHREIBER (14x- DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS L.- 1 r i n rgy9' ro City of Tamar +� ° A PUrch asing and GoWiar t Uivisiun AGREEMENT FOR PROFESSIONAL SERVICES -F h THIS AGREEMENT made and entered into this 2(P day of 2003, by and between the City of Tamarac, a municipal corporation of the 9tate of Florida with principal offices located at 7525 NW 88th Avenue, Tamarac, FL 33321 hereinafter referred to as CITY, and Grau & Company, P.A., a professional association, with offices located at 1975 E. Sunrise Blvd., Suite 520, Ft, Lauderdale FL 33304, hereinafter referred to as AUDITOR: WHEREAS, the CITY intends to utilize the services of AUDITOR to provide Financial Auditing Services as outlined in the Request for Proposals RFP 03-12R; and, WHEREAS, the CITY requires certain professional services in connection with said Financial Auditing Services; and, WHEREAS, the AUDITOR represents that it is capable and prepared to provide such Services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be for a three-year period beginning with fiscal year 2003 through fiscal year 2005, with an option to renew the contract in subsequent years at mutually acceptable terms by both parties. ARTICLE 2 - SERVICE TO BE PERFORMED BY AUDITOR The AUDITOR shall perform the services in accordance with the provisions contained in the Request for Proposals attached hereto as Attachment "A". Such additional authorizations will be in the form of a Purchase Order. Each Purchase Order will set forth a specific Scope of Services, amount of compensation and completion date. ARTICLE 3 - COMPENSATION The CITY shall pay AUDITOR in accordance with the fee schedule below. Year 1 $77,000 Year 2 $80,000 Year 3 $83,500 ARTICLE 4 - STANDARD OF CARE AUDITOR shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional under similar circumstances and AUDITOR shall, at no additional cost to the CITY, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - INDEMNIFICATION AUDITOR shall, in addition to any other obligation to indemnify the CITY and to the fullest extent permitted by law, excepting only such damage solely attributable to the negligence or willful misconduct of the City or its elected or appointed officials and employees, protect, defend, indemnify and hold harmless the CITY, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including L,ilyof am= r Purchasing and Contracts Division c a,apo economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the AUDITOR, any subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the WORK; or b) infringement of patent rights by AUDITOR in the performance of the Work; or c). liens, claims or actions made by the AUDITOR or any subcontractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the CITY to enforce this agreement shall be borne by the AUDITOR. Further, AUDITOR agrees to comply with all laws, statutes, ordinances, governmental administrative orders rules and regulations during the performance of the Work; Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reasons, the terms and conditions of this Article shall survive indefinitely. ARTICLE 6 - INDEPENDENT CONTRACTOR AUDITOR undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. AUDITOR shall work closely with the CITY in performing Services under this Agreement. ARTICLE 7 - COMPLIANCE WITH LAWS In performance of the Services, AUDITOR will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, AUDITOR shall maintain the following insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 1. Worker's Compensation Insurance: The AUDITOR shall procure and maintain for the life of this Agreement, Workers' Compensation Insurance covering all employees with limits meeting all applicable state and federal laws, This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 2. Comprehensive General Liability: The AUDITOR shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage 2 w qr. r4'Ng9 City of Tamarac A �,n n Purchasing and Contracts Division shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability with specific reference of Article 5 of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The CITY must be named as an additional insured unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. 3. Business Automobile Liability: The AUDITOR shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. 4. Professional Liability (Errors and Omissions) Insurance: $2,000,000 The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an Any Auto type policy. The CITY must be listed as an Additional Insured under the Policy. Sixty(60) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that subcontractors used by the AUDITOR do not have insurance, or do not meet the insurance limits, AUDITOR shall indemnify and hold harmless the CITY for any claim in excess of the subcontractors' insurance coverage, arising out of negligent acts, errors or omissions of the subcontractors. AUDITOR shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the CITY. ARTICLE 9 - CITY'S RESPONSIBILITIES The CITY shall be responsible for providing access to all project sites, and providing information on hand that are available in the files of the CITY the exception of the City Attorney's files that are subject to confidentiality. ARTICLE 10 - TERMINATION OF AGREEMENT The obligation to continue Services under this Agreement may be terminated for cause by either party upon seven (7) days' written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY's convenience upon written notice to AUDITOR, and AUDITOR shall terminate or suspend performance of Services on a schedule acceptable to CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay AUDITOR for all Services performed through the date of notice of termination or suspension. ty of T rmarar, OC PUrchasincg and Contracts Division ci ara ARTICLE 11 -NONDISCLOSURE OF PROPRIETARY INFORMATION AUDITOR shall consider all information provided by CITY and all reports, studies, calculations, and other documentation resulting from the AUDITOR's performance of the Services to be proprietary unless such information is available from public sources. AUDITOR shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. ARTICLE 12 - UNCONTROLLABLE FORCES Neither the CITY nor AUDITOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County and the Agreement will be interpreted according to the laws of Florida. ARTICLE 14 - MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or AUDITOR of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. tip. 1AM 9 City of Tamarac ° Purchasing and Contracts Division --- - -- ..- �R The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. ARTICLE 15 - INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and AUDITOR as a complete and exclusive statement of the terms of the Agreement between the CITY and AUDITOR. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and AUDITOR pertaining to the Services, whether written or oral. The Agreement may not be modified unless such modifications are evidenced in writing signed by both the CITY and AUDITOR. ARTICLE 16 - SUCCESSORS AND ASSIGNS The CITY and AUDITOR each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 17 - CONTINGENT FEES The AUDITOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the AUDITOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the AUDITOR, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - TRUTH -IN -NEGOTIATION CERTIFICATE Execution of this Agreement by the AUDITOR shall act as the execution of a truth - in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and that AUDITOR agrees that all charges for services shall be comparable to those charged to any other similarly situated customer served by AUDITOR'S Broward County's office that has in the last 12 months entered into an agreement with AUDITOR under similar circumstances, taking into account level of service provided, qualification and experience of AUDITOR'S personnel assigned to perform the services, scope of the engagement, costs expended to administer the services, frequency of personnel transfers and all other relevant factors, and that AUDITOR shall assign its personnel to the performance of services for taking into account the forgoing factors in the same manner as with such similarly situated customers. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside Auditors. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. J �r ru,y y City of Tamarac, P irchasing and Cant acts Division P ARTICLE 19 - OWNERSHIP OF DOCUMENTS AUDITOR shall be required to work in harmony with other Auditors relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the CITY upon completion for it's use and distribution as may be deemed appropriate by the CITY. ARTICLE 20 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 With a copy to the City Attorney at the same address. AUDITOR: Pablo Llerena Partner Grau & Company, P.A. 1975 E. Sunrise Blvd., Suite 520 Ft. Lauderdale, FL 33304 PH: (954) 781-1807 Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5.00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of AUDITOR and CITY. ARTICLE 21 — ASSIGNMENT The AUDITOR shall not transfer or assign the performance required by this Agreement without the prior written consent of the City. Any award issued and moneys that become due hereunder are not assignable except with prior written approval of the CITY. 6 City of Tafr?arac t Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. City of Tamarac, through its Mayor and City Manager, and Grau & Company, P.A., signing by and through its Partner, duly authorized to execute same. ATTEST: 'r Marion Swenson, CIVIC City Clerk CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L Mill ler, City Manager Date: AP\proveo as to fayrn and legal sufficiency- Date Mitchell S. Kraft, Citq Attorney (CORPORATE SEAL) GRAU & COMPANY, P.A. Company Name Signature of Partner Pablo Llerena Type/Print Name of Partner 19� 03 Date City of Tamarac n� i4bN Purchasing and Contracts Division ton�n . STATE OF FLORIDA CORPORATE ACKNOWLEDGEMENT :SS COUNTY OF;,�x_�✓�� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Pablo Llerena, Partner, of Grau & Company, P.A., a Professional Association, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 26 400 Manuel Garcia .!} *My Commission CC878219 ,, y.+T Expires October 10, 2003 day of CL,,, 2003. Signature of Notary Public -tale of Florida at Large Print, Type or Stamp Name of Notary Public 0' Personally known to me or ❑ Produced Identification Type of I.D. Produced [c DID take an oath, or ❑ DID NOT take an oath. HUU-26-20014:48 GRAU & CO. CPA 3053744415 P.02 ACORID,. CERTIFICATE OF LIABILITY INSURANCE ur)221 n�-ns; 7Nn i PRODUCPA R .A BR.ANDON & co 1NCISCIC 224565 P: (866)467-6730 F: (877)538-6526 THIS cERTIFICATIE IS ISAUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIQHTS UPON THE CERTIFICATE HOLDER, THIS CER13FICATE DOES NOT AIl11IE11ND, EXTEND OR ALTER THE rCOVERAGEAFFORDMBYTHE POLICIES BELOW. INS URFAS .AFFORDING COVERAGE P . 0- BOX 29611 CHARLOTTE NC 28229 INSNIIm INSUNAA: Hart ford ins Co of the Southeast I m%im R a: INS4%FR C. GRAU & CO PA rim —IL IIO 2700 N MILIrARY TRAIL #350 IN9UREA E: BOLA RATON FL ,33431 COVERAGES THE POLICIES OF INSURAIJCE LISTED BELOW HAVE DEEM ISSUED TO THE INEURM NAMED ABOVE FOR THE POLICY PIERIOD INDICATED. NGiw"STA140ING ANY RECIUTAEMENT, TERM OR C014DITION OF ANY CONTRACT OA OTHEIA'DOCUNIENT WTH RESPECT TO VAHIGN 71-OS CERTIFICATE MAY aE ISSUFM OR MAY PERTAIN. THE INSWRANCE 4FrORDED 9Y `ME POLICIES DESCAUBED HEREIN IS SU9JECT TO ALL THE TERMS, EXCLUSIONS AND COAIDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID,CLAIMS, Lill TYPO OF rRY1i11ANCE POLICY NUNAEII A r ve rLICY R](PIRAi1oN LMrTF oENplAlllAr♦tLlYY LACM OCCURRENCE 161, 00 0 , 00 0 A rOMM64CIAL 4ENERAI L1"ILIrY 21 SBA XK9 8 5 9 016 / 3 0 / 03 06 /3 0 / 04 FIRE MIUACE arm (Ir-) 111 3 010 , 0 010 CLAIMC MAMA � DOCUR MED tXP IAr ene prrwnl A 140 r 000 ,x Business Liab P-R&ONA-LAA0VINJURY 111 000,000 C U14EML r1G6REG�ATE 12 , 0 0 0 0 0 0 0 PRDDUCTS . cmpoP AGG I 12 , 000 000 GEN'L AGGRECATE'LIMIT APPLIES PIER: P0JCY ^' O• 1 X I LOC A AlY A AVYOIaoRIL.E LIAiIIR'Y ANYAUTD 2.1 SEA NK9 j /D3 ComwNto 9INGL; UMr'�r 11,000,000 06I30/04 I�-�wI^'I Lk AMflLF0 � t UTOS &CP SCrIfpULED AUTOS HIRED 111T05 I pol' V �p1�� X pate Gp0{LY IruwRY , I9wr.0[1tlaf11l �{ mm�•owNeD A�ros � P�Cep�b� 1e � ` 5O I PftPEFMMnAMAGE F �AagE lfAtllllTr'„�p Pi AUTO ONLY • EA ACCICFNT >I OTNlR TKAN FA ACC 1 I AUTO ft Vl„ AGG s p(CMF llirl'ITy Aar FACN OteiiAr CNCZ 161, 0 0 0 :0 0 0 AlnjOCCUR �'cLA1mrNiAOE 21 g�'; 0.6/'30/03 06/30/04 AGGREGATE :a 000 000 I HDEDucTlelg )c RETENTION ] i c I 0 0 c WORKIM V014IN MAT1OR AID lMPLOVEM Lu 01,MV k.l,. EACH ACICIDlNT ! 0 E L. asi•'F • FA FMft01rBF E.L. 015EASE • POLICY LIMIT a 0 niFR OtSCVA"11014 9F OPCRATON6/WCliTfDN&l1ICi11CL[6/CILiU]/CNl APKA NY RNRON"VENTIRPOGAL PA&IMSWN/ Those usual to the Insured's Operations. li i CERTIFICATE HOLDER X AVDn1O%-L-r. Ztr. P40U l hCtfxN, CANNCELLA-VON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THEnSSUINO INSURER vVii-L ENDEAVOR TO MAIL 30 DAYS .WRITTEN (NOTICE 110 DAYS " NON-PAYMENT) TO THE CEITTIPICArk City Of Tamarac FIOLDER NAMEq TO TKE LEFT, 9L1'T FAILWRE 1f01D0 SC SHALLIMPOSE NO 7525 0 8tr1 Street DBLIGATiON-OR LJAOIUTY Of ANY KIND UPON THt INSURER. ITS AGENTS OR REPRESEN7ATIVIES. Tamarac- FL .33321 A 0•IIQEO RlFIIlGIM E ACORO 25•S (7v97) ACORD COAPIDRA71ON 19OR TOTAL P.a2 SUPPLEMENT 2 INSURANCE (Continued) ALOWY. CERTIFICATE OF LIABILITY INSURANCE 03/1"9 003 P"ODwen THIS CERTIFICATE W I"UEO AS A MATTER OF INFORMATION R. A. Brandon i Company, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERIMATE 217 Aragon Avenue HOLDER. THIS CERTIFICATE DOES NOT AAW O EXTEND OR 0 Box 141997 ALTER THE COVERAGE AFFORDED BY THE POL�CI66 BELOW. Coral Gables +�L 3 3 313 4 (3 0 5) 4 4 2- 2 3 4 0 INSURERS AFFORDING COVERAGE NAIC A RA L CO. P.A. wxlen� AHTP RD 2700 Xw MILITARY TRAIL ►350 ImTHE SOUTHEAST INmiR[RcTHE TRAVELERS OCA RATON PL 33 431 IMSMAM DleuaR c WRAIDES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITMSTAN11MG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCIIMEHT WITH RESPECT TO WHICH THL9 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED NY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ._... -.. - .�.... .._—_POLICY ___.—._I�Ol1C'Y EFffCYMf FOATROSI IEUMNER MITTI WROTE. A X emama&uAssm 1SBANK9859 5/2O/02 /20/03 RACKOCCURIfteNC6 f1000 P 3300000 x COwrtRCIALGENEAALUASLITY OLARAS NI.. ©a ... LEp *XP(Aftw ! 000 X PRIM.COV.APPLIES PBL70PIAL EAOVENJWIr IIUOUOUU GENERAL AOORfpATE E O ILAGCJE6ATEIMTAPPUENPER POL1C LUC-.- rFKxX57M-0C1~AGG 92000000 A X AUYOMOMA NAAEUTY 21SBANKK9854 /20/02 /20/03 C0LONED MMOLE LRLT E10000D0 ANYAUTO MA. -Q 9MLYNLI RY ALL WAAD^JTM 5CFEEDAIED ALMOS DaaLr r+RRY ! HIRMAUTLtl NQN41WH=ALrYON IPnw d") PRIM. COV.APPLIES EIARApE LIAALRr Ayip OTET. EA ACG1OOIT ! OTHER TWIN EA ACC ! ANYAUTO AUTOONLY; Am A X INC WIRELLALiA"TLIW 1[ 7 1SBANK9859 /20/02 /20/03 f''' !1000000 AOanroATE 61000000 O=A CLA-0M^0W ! " CTRETENTMN ! IDEOU x 010000 ! C WPLD"f"e1AA�`^ waRE� DOAAPNMAT%0% AN#-N /3/2007 03 200 / / ES El EACH AAGOENT S100,000 APII'rw•acvl,.ANrTvwA OFFKLPAA[NNLR%XCLu1"7 ELINSEAM .[AB&OLOYa 1500, 000 EL DISEASE - POLICY LIMIT !10 0 ,DTHlNDN u AEFPDF = RATw ILO[A�$TIO AL INSURED WITH TO GENERAL LIABILITY j IVA yn 4�4LFIIlyn C I T KNORRP ANT OF TH! A80n Da8CRnND POLICY► 4 NCN CALLID BEFORE THE iVrEAT1ON 752 5 2 5 A� t F L . 3 3 3 21 DATE THEREOF. THE MkA II REWRM "a WKWAYOTo NQL 7 0 PAYS WRITMn N011C! TO TN! ClM1TICATN IIDLTJLR TREED TO THE LNFT, NUT FALUM TO DO ICI 211AU WPM[ NO OELIDAYIGN OR OAEILrTY OF ANY RIND UPON THE INEURLR, RI AOEMTI OR na� PfPRE�MATTVEI ACORO 25 (2001106) C ACORD CORPORATION 11811 'Grau&Company, PA. �' crrri�ied puhlir a[ [ uunru[Irs Page 82 SUPPLEMENT 3 CONFLICT OF INTEREST AFFIDAVIT Grau & Company, P.A. has no conflict of interest as it regards the City of Tamarac. Grau & Coml2any, P.A. _ R4_ Q� ____ _ _ _ March 31 2003 Authorized Signature Date State of Flor' County of On this thOIS' day of h , 20_1 , before me, the undersigned Notary Public of th to yyof Florida, personally appeared / Ller671-)�L and (Name(s) of individual(s) who appeared before notary) _mow whose name(s) is/are Subscribed to within the ihstrumerir, -an_dµhe/she/they acknowledge that he/sheAhey executed it. `-.. WITNESS my hand and official seal. NOTARY• PUq�I , ST- T) OF PLORIDA NOTARY PUBLIC SEAL OF OFFICE: k fit; Mvc is0KM ow UJUMI EXPIRES: sepWdw 27, 2004 bonded Thm N=M Pubic uiweraft s Stam�Name of Notary Public: Print, p; br —Type as Commissioned) personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, ortgl-PID NOT take an oath Pond A'1 Tues.Aug.26,2003 • ambest_cCm,, r 1 t144 • he/is Pubka•icns • Prc,dur.s& Sergces r�r .�: 1'r RA1111G • Insuram,e riesour:Fs •AbculA.M. gent 02613 . Hartford Insurance Company of SE Ratting s E A a c H Member of Hartford Insurance Group Enter Com pony Narn.B A.M. Best #: 02613 NAIC #: 38261 atA.1.l. Bec Number View a list of group members or the group's rating 'GO SOWN m Best's Rating More Search Options }':,` AA BET ~+ (Superior)"` Financial Size Category Where A+ gmpwW XV ($2 billion or more) in the world is A.M. BEST? 'Ratings as of 0812612003 03:06:16 PM E.S.T. F+nc our locations Rating Category (Superior): Assigned to companies that have, in our opinion, a superior ability to meet their Whatdo ongoing obligations to policyholders. you think( Senn' us your comments Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an insurer's current Accessing the pageses or future ability to meet its contractual obligations. 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Refer to our terms of use for additional details. 2003 FOR PROFIT CORPORATION FILED UNIFORM BUSINESS REPORT (UBR) Jan 10, 2003 8:00 am DOCUMENT # 629440 Secretary of State 1- Entity Name '- 01-10-2003 90075 004 *** 153.75 GRAU & COMPANY, P.A. � Principal Place of Business Mailing Address 2700 NORTH MILITARY TRAIL SUITE 3W 2700 NORTH MILITARY TRAIL. SUITE 350 BOCA RATON FL 33431 BXA RATON FL 33431 I l�l��l �II�I �llll fl�ll �IIII IIII� I�I� I�IlI flll� �I��I (I�I� (��II II�II IIII ❑ CHECK HEREIF MAKING GRANGES 2. Principal Place of Business 3. Mailing Address Suite, Apt. N. etc. Suite. Apt. it. etc City & Slate City & State 4. FEI Number 59-1917M HNot Applied For Applicable Zip Country Zip Country 5. Certificate of Status Desired $8.75 Additional Fee Required e. Name and Address of Current Registered A ant 7. Name and Address of New Re tared Agent — - -- —Name--- GRAU, ANTONIO S. Street Address (P.O. Box Number is Not Acceptable) 20790 SONETO DRNE BOCA RATON FL 3M City CI Lfamiliar Zip Code S. The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. Iramwith, and accept the obligations of registered agent. SIGNATURE - Sigratufe, typed of oreelG naMe of repnlered agent And iAle if aino-aiNe (NOTE: Aegielerea Agent kI-t. a ,*q.w9d when rernitet/ i DATE it FILE NOW!II FEE IS $150.00 After May 1, 2003 Fee will be $550.00 9. Election Campaign Financing $SQO May Be ,y Trust Fund ❑ Make Check Payable to Florida Department of State Contribution Added to Fees 10. OFFICERS AND DIRECTORS 11. ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN I 1 TITLE PO ❑ Delete TITLE ❑ Change ❑ Addition NAME GRAU, ANTONIO S. NAME STREET ADDRESS 20790 SONETO DR. STREET ADDRESS CITY-ST-ZIP BOCA RATON FL CITY-ST-ZIP TITLE D ❑ Delete TITLE ❑ Change ❑ Addition NAME JANUS, HENRY L NAME STREET ADDRESS 2700 N MILITARY TRAIL STE-350 STREETADDRESS CITY ST-Z,P BOCA RATON FL 3= CITY-ST•ZIP TITLE S ❑ Delete TITLE ❑ Change ❑Addition NAME CURRAN, JOSEPH W NAME STREET ADDRESS 2700 N MILITARY TRAIL STE-350 STREET ADDRESS CITY-ST-ZIP BOCA RATON FL 3XII CITY -IT -ZIP TITLE ❑ Delete TITLE ❑ Change ❑Addition NAME NAME STREETADDRESS STREET ADDRESS CITY-ST-ZIP CITY-ST-ZAP TIT'-E ❑ Delete TITLE ❑ Change ❑addition I NAME NAME STREET ADDRESS STREEtADDRESS CITY - ST-Z'IP CITY-ST-ZIP TITLE ❑ Delete TITLE ❑ Change ❑ Addition NAME NAME STREET ADDRESS STREET ADDRESS CITY - ST- ZIP CITY- ST-ZIP 12. 1 hereby certify that the Information Supplied with this filing does not qualify for the exemption stated in Section 1 19.07(3)(i), Florida Statutes. I further certify that the information indicated on this report or supplemental report is true and accurate and that my signature shalt have a same legal effect as if made under alh; that I am an officer or director of the corporation of the receiver or trustee empowered to execute this report as required by Cnapt 7, Florida Statutes, and that y n e appears in Block 10 or Block t t it changed, or on an attachment with an address, with all other like empowered. L`fP�wl ATI ir�G. 2L A l-,n N!, ti i :IC 7 City of Tamarac Purchasing & Contracts Division CERTIFIED RESOLUTION I Joseph W. Curran (Name), the duly elected Secretary of Grau & Company, P.A. (Name of Corp.), a corporation organized and existing under the laws of the State of Florida do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT Pablo R. Llerena (Name)", the duly elected Vice President (Title of Officer) of Grau & Company, P.A. -(Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid,) Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME Antonio Grau, Sr. Manuel M. Garcia Pablo R. Elerena Antonio Grau, Jr. HenryL. Janus Josh W. Curran TITLE / IGNA President W_Al Vice President f4�. Vice President Vice President Treasurer Secretary _ Given under my hand and the Seal of the said corporation this 3� /day cr Aril 12003 . (SEAL) By: 11 Secretary Vecretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 Certified Resolution City of Tamarac Purchasing & Contracts Division CERTIFIED RESOLUTION ` NOTE. Per discussion with James Nicotra, CPPB, Senior Procuremo Spe alist � for the City of Tamarac, a bid bond is not needed as it regardshis FP Antonio Urau. Sr.. President t, (Name), the duly elected Secretary of (Name of Corp.), a corporation organized and existing under the laws of the State of do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. IT IS HEREBY RESOLVED THAT (Name) the duly elected (Title of Officer) of (Name of Corp,) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid,) Bid Bond, and other such instruments signed by himther shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 2CL _, (SEAL) Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of i Certified Resolution Paneln4 of Tamarac & Contracts Division OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88`" Avenue Tamarac, Florida 33321 Company: Contact Name: Address: City, State, Zip Telephone No. Fax No. Grau & Company, P.A. Pablo R. Llerena 1975 East Sunrise Boulevard, Suite 520 Ft. Lauderdale. Florida 33304 (954) 781-1807 954 767.2099 Check One Corporation Partnership Individual 00ther 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Grau & Company, P.A. The address of the principal place of business is: 1975 East Sunrise Boulevard, Suite 520. Ft. Lauderdale, Florida 33304 270o North Military Trail, Suite 350, Boca Raton, Florida 33431 1110 Brickell Avenue. Penthouse No. 2, Miami, Florida 33131 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: July 16, 1979 b) State of Incorporation: Florida c) President's name: Antonio Grau. Sr. d) Vice President's name: Pablo R. Llerena, Manuel M. Garcia, Antonio Grau, Jr. e) Secretary's name: Joseph W. Curran Treasurer's name: Henry L. Janus Name and address of Resident Agent: Antonio Grau, Sr. 2700 North Military Trail. Suite 350 Boca Raton, Florida 33431 Page 105 Offerors Qualification Statement Page105 Temp Reso #10233 Attachment A REQUEST FOR PROPOSALS �R1 RFP a3-12R Financial Auditing Services c City of Tamarac Purchasing and Contracts Division 7525 NW 88th Avenue, Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 =�rw�►.r;:��❑r~rwc�c�:caw:.r;r~cr►►c�LLl►arwlf�r`�:�..��ri�i ql..,.. __ w Table of Contents RFP 03-14R I. General Information..................................................................................................... 4 A. Definitions............................................................................................................... 4 B. Purpose............................................................... .............. 4 C. Proposal Submission and Withdrawal ................................... ........................ -.......4 D. Invitation to Propose...............................................................................................5 E. Contract Award....................................................................................................... 5 F. Minimum Qualifications...........................................................................................5 G. Development Costs................................................................................................ 5 H. Inquiries.................................................................................................................. 6 I. Timetables..............................................................................................................6 J. Addenda................................................................................................................. 6 K. Insurance Requirements........................................................................................7 L. Licenses................................................................................................................. 9 M. Public Entity Crimes...............................................................................................9 N. Non -Collusive Affidavit............................................................................................9 O. Drug -Free Workplace........................................................................................... 10 Ill. Nature of Services Required......................................................................................10 A. Work Objective................................................................... B. Scope of Work to be Performed...........................................................................10 C. Auditing Standards...............................................................................................11 D. Reports.................................................................................................................11 E. Special Considerations and Services....................................................................12 F. Working Papers....................................................................................................13 III. Assistance to be Provided..........................................................................................14 A. Finance Department and Clerical Assistance.......................................................14 B. Information Technology Assistance......................................................................14 C. Work Area............................................................................................................14 D. Report Preparation...............................................................................................14 IV. Description of Government.........................................................................................14 A. Background Information......................................................................................14 B. Fund Structure......................................................................................................16 C. Budgetary Basis of Accounting.............................................................................16 D. Federal and State Financial Assistance...............................................................16 E. Pension Plans......................................................................................................17 F. Component Units.................................................................................................. 17 G. Magnitude of Finance Operations......................................................................... 17 H. Computer Systems...............................................................................................18 I. Software...............................................................................................................18 f rn,y J. Databases ........... ................................................................... is K. Availability of Prior Audit Reports .............................. .................... V. Time Requirements............. 19 ....................................... A. Proposal Calendar......... ....................... ......................... 19 ...................................................... B. Notification and Contract Dates........................ ....... .......................... 19 ..........19 ................. ..................... C. Schedule for Conducting Audits .............................................. D. Date Final Report Due 19 ............................................................... VI. Proposal Requirements... ........................... 19 ...... ............................................. ___ ................................ 20 A. Rules for Proposals ....................................................... B. Submission of Proposals .................................... ... ................. ........................................... C. Technical Proposal ..................... 20 ............................. .............................. ............. ............... ...... ..21 D. Sealed Dollar Cost Bid ...................... VII. Evaluation of Proposals................... 24 .............................................. A. Selection Committee ............................. 25 ................. .......................................................... B. Review of Proposals .............. 25 ...................................................... C. Evaluation Criteria .......... 25 ................. .............................. 26 D. Oral Presentations ............. .................................................... E. Final Selection 27 ......................... .................................................. .......... 27 F. Right to Reject Proposals .............. .............................................................. ......... 27 Appendix A, Organization Chart .................... Appendix B, Part 1, Schedule of Fees Form........................................................................... ........28 29 Appendix B, Part 2, Schedule of Fees, All Services.,............... ........................................ ..30 Appendix C, Proposer Warranties ............... Appendix D, Proposal Certification Form ... 31 ........................................... Sample Consultant Agreement ......... ....................... . 32 ................ ......................................................... Certification Form .......... ......... 33-40 .......... Certified Resolution ....................................................................... Offeror's Qualification Statement ............................ Non -Collusive Affidavit ............ ................... .......................................................................... Foreign Corporations Statement ........1 of 2 ................ Vendor Drug -Free Workplace ................. .......1 of 1 ........................................... .............................................1 Sample Insurance Certificate . .... of 1 .......................... .._......_ 1 of 1 Purchasing and :ontracts Division DATE: March 3, 2003 City of Tamarac "Committed to Excellence —Always'? REQUEST FOR PROPOSALS ALL INTERESTED PARTIES: RFP NO. 03-12R The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed Proposals at the office of the Purchasing & Contracts Manager, City Hall, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401, for furnishing the services described below: FINANCIAL AUDITING SERVICES Sealed Proposals must be received by the Purchasing and Contracts Manager, either by mail or hand delivery, no later than 4:00 p.m. local time on Wednesday, March 26, 2003. A public opening will take place in Conference Room 105 located at City Hall shortly thereafter on the same date. Any Proposals received after 4:00 p.m. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Offeror. Proposals are subject to all terms and conditions contained in this RFP. CITY reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Offerors, or take any other such actions that may be deemed to be in the best interests of the CITY. Documents will be available for review and may be obtained from the Purchasing Office at the above address. For inquiries, contact the Purchasing Office at (954) 724-2450. V r Lynda S. Flurry, CPPO Purchasing and Contracts Manager Publish Sun Sentinel: 03/02/2003 and 03/09/2003 7525 NW 88th Avenue ■ Tamarac. Floricia 33321-2401 w (954) 724-2453 a Fax (954) 724-2438 X www.tomarcic.org Equal Coportunoy Employer A. DEFINITIONS For the purposes of this consultants, organizations, Request for Proposal. B. PURPOSE I. GENERAL INFORMATION Request for Proposal, "Proposer" shall mean contractors, firms, or other persons submitting a response to this This Request for Proposals (RFP) provides guidelines for the submission of proposals in response to Financial Auditing Services. C. PROPOSAL SUBMISSION AND WITHDRAWAL The CITY will receive proposals at the following address: City of Tamarac Purchasing and Contracts Division Tamarac Municipal Complex 7525 NW 88th Avenue, Room 108 Tamarac, Florida 33321-2401 Please mark the outside of the envelope as follows: "RFP No. 03-12R, Financial Auditing Services". The envelope shall also include the Proposer's return address. Proposers shall submit one (1) original and nine (9) copies of the proposal in a sealed, opaque envelope marked as noted above. A Proposer may submit the proposal by personal delivery or by mail. THE CITY MUST RECEIVE ALL PROPOSALS BY MARCH 26, 2003 AT 4:00 P.M. The CITY cautions Proposers to assure actual delivery of mailed or hand -delivered proposals directly to the City's Purchasing and Contracts Division, Tamarac Municipal Complex, 7525 NW 88th Avenue in Tamarac, Florida prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (954) 724-2450, before proposal closing time. A proposal received by the City of Tamarac Purchasing Division after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their proposals by notifying the CITY in writing at any time prior to the deadline for proposal submittal. After the deadline, proposals become a record of the CITY and will not be returned to the Proposers. Upon opening proposals are subject to public disclosure consistent with Chapter 119, Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the RFP, and must identify the data or other materials to be protected, state the reasons why such exclusion from public disclosure is necessary and the legal basis for such exemption. D. INVITATION TO PROPOSE The City of Tamarac is requesting proposals from qualified firms of certified public accountants to audit its financial statements for a three (3) year period beginning with the fiscal year ending September 30, 2003. These audits are to be performed in accordance with generally accepted auditing standards and the standards for financial audits set forth in the U.S. General Accounting Office's (GAO) Government Auditing Standards (2002), the provisions of the Federal Single Audit Act Amendments of 1996, U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments and the provisions of the Florida Single Audit Act. E. CONTRACT AWARD The City anticipates entering into a contract with the Proposer who submits the proposal judged by the City to be most advantageous. The City anticipates awarding one contract but reserves the right to award more than one if in its best interest. The Proposer understands that this RFP does not constitute an offer or a contract with the Proposer. A contract or agreement shall not be deemed to exist and is not binding until proposals are reviewed and accepted by appointed staff and the best proposal has been identified, approved by the appropriate level of authority within the City and executed by parties. A sample Contract is attached to this RFP. The CITY anticipates that the final contract will be in substantial conformance with the Sample Contract; nevertheless, Proposers are advised that any contract, which may result from the RFP, may deviate from the Sample Contract. The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re -advertise for other proposals. The City may in its discretion waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter. F. MINIMUM QUALIFICATIONS A firm submitting a proposal must meet the following requirements: 1. 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 firm must also be a member of the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants, 3. The firm must meet the standards for financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (the yellow book) and Laws and Rules of Florida Board of Accounting Chapter 455 & 475, F.S. Chapter 21AFAC. G. DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. H. INQUIRIES Interested Proposers may contact the City's Purchasing and Contracts Manager, Lynda S. Flurry regarding questions about the proposal at the Purchasing and Contracts Division Office, City Hall, 7525 NW 88t" Avenue, Tamarac, Room 108, Tamarac, Florida 33321-2401, (954) 724-2450 or by facsimile (954) 724-2408. The Purchasing and Contracts Manager will also receive written requests for clarification concerning the meaning or interpretations of this RFP, until seven (7) days prior to the submittal date. The City may record its responses to inquiries and any supplemental instructions in the form of written addenda. The City may mail or fax said addenda before the date specified for receiving the proposals. Proposers shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFP opening will not be binding. All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication with the City prior to the opening of the proposals. I. TIMETABLES The City and Proposers shall adhere to the following schedule in all actions concerning this RFP: 1. City issues RFP Monday, March 3, 2003, 2. The City must receive the proposals by 4.00 P.M., Wednesday, March 26, 2003. 3. The City will review and evaluate the proposals in a timely manner. 4. Anticipated finalist presentations will be the week of April 21, 2003. 5. The City may enter into a contract after obtaining appropriate approvals and conducting negotiations. The City will notify all unsuccessful Proposers. 6. Anticipated contract term will begin upon execution of the engagement letter. 7. Delays The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify Proposers of all changes in scheduled due dates by written addenda. J. ADDENDA If revisions become necessary, the City will provide written addenda to all Proposers who have received the RFP. All addenda issued by the City will include a receipt form, which must be signed and included with any proposals that are submitted to the City. In the event multiple addenda are issued, a separate receipt for each addendum must be included with the proposal at the time it is submitted to the City. 4X�l K. INSURANCE REQUIREMENTS The Proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions specified in the attached Sample Contract. In the event the Proposer is a governmental entity or a self -insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Proposer's insurance coverage, policies, or capabilities may be grounds for rejection of the proposal and rescission of any awarded contract. 1. WORKER'S COMPENSATION The Proposer shall procure and maintain, for the life of this Contract/Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federal laws. This coverage shall extend to any subcontractor that does not have their own Workers' Compensation and Employer's Liability Insurance. THE POLICY MUST CONTAIN A WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF TAMARAC, executed by the insurance company. Sixty (60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 2. COMPREHENSIVE GENERAL LIABILITY The Proposer shall procure and maintain, for the life of this Contract/Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The City of Tamarac must be named as an additional insured unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City of Tamarac via Certified Mail in the event of cancellation. 3. BUSINESS AUTOMOBILE LIABILITY The Proposer shall procure and maintain, for the life of the Contract/Agreement, Business Automobile Liability Insurance. The minimum limits of coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" or "Comprehensive Form" type policy. , i In the event the Proposer does not own any vehicles, we will accept the hired and non -owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the Proposer indicating the following: "Company Name" does not own any vehicles. In the event we acquire any vehicles throughout the term of his Contract/Agreement, "Company Name" agrees to purchase "Any Auto" or "Comprehensive Form" coverage as of the date of acquisition. Include Proposer's signature on this affidavit. The City of Tamarac must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City of Tamarac via Certified Mail in the event of cancellation. 4. PROFESSIONAL LIABILITY INSURANCE The Proposer shall procure and maintain Professional Liability Insurance for the life of this Contract, plus two (2) years after completion. This insurance shall provide coverage against such liability resulting from this Contract. The minimum limits of coverage shall be not less than $10,000,000 with a deductible not to exceed $25,000. The deductible will be the responsibility of the insured. Professional Liability policies shall include an endorsement whereby the Proposer's professional staff indemnifies and holds harmless the City of Tamarac and each officer, agent and employee of the City of Tamarac against all claims, against any of them, for personal injury or wrongful death or property damage arising out of the negligent performance of professional services or caused by an error, omission or negligent act of the Proposer's professional staff or anyone employed by the Proposer's professional staff. Sixty (60) days written notice must be provided to the City of Tamarac via Certified Mail in the event of cancellation. 5. SUPPLEMENTAL PROVISIONS The following two (2) statements will be utilized whenever any type of insurance is required. These statements should be included on all bid documents. 5.1 The insurance coverage and conditions afforded by this policy(s) shall not be suspended, voided, canceled or modified, except after Sixty (60) days prior written notice by Certified Mail, Return Receipt Requested, has been given to the City of Tamarac's department that originated this contract. 5.2 Certificates of Insurance meeting the specific required provision specified within this Contract/Agreement shall be forwarded to or verified by the City of Tamarac department that originated the contract. and approved prior to the start of any work or the possession of any city property. 6. INDEMNIFICATION/HOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Tamarac and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City of Tamarac, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged a) bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claims to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the Work-, or b) violation of law, statute, ordinance, governmental administration order, rule regulation, or infringement of patent rights by Contractor in the performance of the Work; or c) liens, claims or actions made by the Contractor or any subcontractor or other party performing the Work. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City of Tamarac to enforce this agreement shall be borne by the Contractor. L. LICENSES Proposers, both corporate and individual, must be fully licensed and certified for the type of work to be performed in the State of Florida at the time of RFP receipt. The proposal of any Proposer that is not fully licensed and certified shall be rejected. M. PUBLIC ENTITY CRIMES In accordance with Florida State Statute 287.133 (2)(a): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. N. NON -COLLUSIVE AFFIDAVIT The Proposer, by affixing its signature to this proposal, certifies that its proposal is made without previous understanding, agreement, or connection either with any previous firms or corporations offering a Proposal for the same items, or with the City. The Proposer also certifies that its proposal is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action. O. DRUG -FREE WORKPLACE Preference shall be given to businesses with Drug -Free Work Place (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. II. NATURE OF SERVICES REQUIRED A. WORK OBJECTIVE The City of Tamarac is requesting proposals from qualified firms of certified public accountants to audit its financial statements for a three (3) year period beginning with the fiscal year ending September 30, 2003. These audits are to be performed in accordance with generally accepted auditing standards and the standards for financial audits set forth in the U.S. General Accounting Office's (GAO) Government Auditing Standards, the provisions of the Federal Single Audit Act Amendments of 1996, U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments and the provisions of the Florida Single Audit Act. B. SCOPE OF WORK TO BE PERFORMED The City of Tamarac requires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with generally accepted accounting principles and the new financial reporting requirement of Governmental Accounting Standards Board Statement No. 34, "Basic Financial Statements — and Management's Discussion and Analysis for State and Local Governments". The Auditor is not required to audit the combining and individual fund and account group financial statements and supporting schedules. However, the Auditor is to provide an "in -relation -to" report on the combining and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the basic financial statements. The Auditor is not required to audit the statistical section of the report. The Auditor shall also be responsible for performing certain limited procedures involving required Management's Discussion and Analysis and the required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards. The Auditor is not required to audit the schedule of federal and state financial assistance. However, the auditor is to provide an "in relation -to" report on that supplemental information as well, based on the auditing procedures applied during the audit of the financial statements. The auditor may be requested to perform other auditing services at the discretion of the City. Any such additional work agreed to between the City of Tamarac and the firm shall be performed in accordance with the provisions specified in Section II (A-F) of this Request for Proposal. C. AUDITING STANDARDS TO BE FOLLOWED To meet the requirements of this Request for Proposals, the audit shall be performed in accordance with: 1. Generally accepted auditing standards and Audits of State and Local Governmental Units revised as issued by the American Institute of Certified Public Accountants (AICPA); 2. Government Auditing Standards, as issued by the Comptroller General of the United States; 3. Circular No. A-133, Audits of State and Local Governments, Office of Management and Budget as well as the following additional requirements, 4. The provisions of the Federal Single Audit Act (as amended); 5. The provisions of the Florida Single Audit Act (as amended); 6. State of Florida Department of Banking and Finance Regulations; 7. Rules of the Auditor General for the State of Florida relating to Section 11.45(3)(a) 4 of the Florida Statutes; and 8. Other applicable federal, state and local laws or regulations _ D. REPORTS TO BE ISSUED Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue the following: 1. A report on the fair presentation of the basic financial statements as a whole, in conformity with generally accepted accounting principles. 2. A report on the internal control structure based on the auditor's understanding of the control structure and assessment of control risk. 3. A report on compliance with laws and regulations. 4. A "management letter" required by Section 11.45(3)(a) 4, Florida Statutes, 5. Reports required by the Single Audit Act of 1996 and OMB Circular A-133 to include: a) An "in -relation -to" report on the schedules of federal and state financial assistance. b) An opinion on the financial statements and on the supplementary schedule of expenditures of federal awards. c) A report on compliance and on internal control over financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards. d) A report on compliance with requirements applicable to each major program and on internal control over compliance in accordance with Circular A-133. e) A schedule of findings and questioned costs. f) Nonreportable conditions discovered by the auditors shall be reported in the management letter required by Florida Statutes 11.45(3)(a)(4), which shall be referred to the report on internal control structure and compliance. Use of the audited Financial Statements, opinions or any of the above named reports will not result in additional compensation unless their use requires additional certification or services on the part of the firm. g) A report on compliance with requirements applicable to State grants and aids appropriations. h) Irregularities and illegal Acts. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts of which they become aware to the Director of Finance, City Manager and City Commission as appropriate. 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, for the previous fiscal year ending September 30, along with the required reports on internal control structure and compliance with laws and regulations. E. SPECIAL CONSIDERATIONS AND SERVICES 1. The City of Tamarac will send a comprehensive annual financial report to the Government Finance Officers Association of the United States and Canada for review in the Certificate of Achievement for Excellence in Financial Reporting Program. It is anticipated that the auditor will be required to provide special assistance to the City of Tamarac to meet the requirements of that program by providing technical advice to ensure awarding of certification. 2. The schedules of federal and state financial assistance and related auditor's report, as well as the reports on the internal control structure and compliance, are to be issued in conjunction with the comprehensive annual financial report. 3. The City of Tamarac may, during the period of this contract, prepare one or more official statements in connection with the sale of debt securities, which will contain the basic financial statements and the Auditor's report thereon. The Auditor shall be required, if requested by the fiscal advisor and/or the underwriter, to issue a "consent and citation of expertise" as the Auditor and The City will periodically require an EDP audit of its Information Systems. This service will include but not be limited to the City's Internet and E-mail use policies and procedures. 4. The City will periodically require an EDP audit of its Information Systems. This service will include, but not be limited to, the City's Internet and E-mail usage policies and procedures. 5. Review of the financial report of the City filed with the Department of Banking and Finance, State of Florida, pursuant to Section 218.32, Florida Statutes, to verify that it is in agreement with the financial statements for the year ended September 30, 2003. 6. With the change in the Auditor General requirement, the Auditor will also assist in the Financial Condition Assessment. 7. The Auditor will assist the City in complying with changes in reporting requirements to remain in conformity with generally accepted accounting principles. B. A report on the fair presentation of the basic financial statements for each of the three pension plans in conformity with generally accepted accounting principles. The award of the financial auditing services related to the pension funds must be evaluated and approved by each pension board. F. WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS All working papers and reports must be retained in accordance with requirements and procedures set forth by the General Records Schedule for Local Government Agencies as promulgated by the Division of Archives, History and Records Management (a division of the Florida Department of State). The auditor will be required to make working papers available, upon request, to the following parties or their designees: 1. City of Tamarac 2. U.S. General Accounting Office (GAO) 3. Cognizant Agency 4. Parties designated by the federal or state governments or by the City of Tamarac as part of an audit quality review process. 5. Auditors of entities of which the City of Tamarac is a subrecipient of grant funds. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. As requests for copies of working papers are fulfilled, the auditors will be required to notify the Director of Finance of the request, as appropriate. III. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. FINANCE DEPARTMENT AND CLERICAL ASSISTANCE The City staff and responsible management personnel will be available during the provision of services to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the City of Tamarac, B. INFORMATION TECHNOLOGY (IT) SYSTEMS ASSISTANCE Certain IT personnel will be available to assist the auditor in performing the engagement. IT personnel will also be available to provide systems documentation and explanations. i11, Dz-, C. WORK AREA, NETWORK, TELEPHONES, PHOTOCOPYING AND FAX MACHINES The City of Tamarac will provide the auditor with reasonable workspace, desks and chairs. The auditor will also be provided with access to computer network, telephone lines, photocopying facilities and facsimile machines for the on -site audit staff. D. REPORT PREPARATION Auditor shall prepare all individual, combining and entity wide Financial Statements, the Independent Auditor's Report, and notes to the Financial Statements, The City will provide the printed covers, inserts and back covers as well as the transmittal letter, management's discussion and analysis, and information for statistical schedules. Comprehensive Annual Financial Report (CAFR) preparation, editing and printing (60 copies) shall be the responsibility of the auditor. The Auditor shall provide an electronic copy of the CAFR in Acrobat (pdf) format. The cost of this item should be listed separately. However, the City will provide the trial balances for each individual fund. IV. DESCRIPTION OF THE GOVERNMENT A. BACKGROUND INFORMATION The City of Tamarac serves an area of approximately 12 square miles with a population of approximately 56,244, The City of Tamarac's fiscal year begins on October 1 and ends on September 30. The following departments provide direct services to the citizens and their activities are accounted for through the General Fund and Special Revenue Funds: 1. Governmental Services 2. Police (Contractual) 3. Grounds & Streets Maintenance 4. Fire Protection 5. Parks and Recreation 6. Planning/Zoning 7. Building Department 8. Code Enforcement 9. Emergency Medical 10. Recycling 11. Social Services ............ The following departments provide internal support services to the above departments as well as other city departments. They are also accounted for through the General Fund- 1 - City Manager 2. City Commission 3. City Attorney 4. City Clerk 5. Human Resources 6. Finance 7. Management and Budget (a division of Finance) 8. Purchasing and Contracts (a division of Finance) 9. Facilities Maintenance (a division of Public Works) 10, Enterprise Services a) Stormwater Maintenance b) Water Treatment and distribution system serving approximately 18,000 customers c) Wastewater collection and treatment system serving approximately 18,000 customers The City of Tamarac accounts for the following administrative services in Internal Service Funds: 1. Fleet Services Fund 2. Information Technology Fund 3. Insurance Services Fund Actuarial services for the City of Tamarac's Insurance Services Fund, which includes general liability, workers' compensation, public official, and automobile liability are provided by AMI Risk Consultants, Inc. Another auditing firm provides arbitrage calculation and monitoring services. The City of Tamarac has a total payroll of approximately $20 million covering over four hundred thirty-nine (439) employees. (372 Full-time and 67 Part-time/ temporary). The City of Tamarac's General Government is composed of 14 departments. The total operating budget for FY 03 is $70 million and $6 million for capital projects. More detailed information on the government and its finances can be found in the City's Adopted Budget Document, Comprehensive Annual Financial Report, Code of Ordinances, and Administrative Policies and Procedures Manuals available in the City Clerk's Office and the Finance Department, located at Tamarac City Hall. 1�`� B. FUND STRUCTURE The City of Tamarac uses the following fund types and account groups in its financial reporting: Fund Type/Account Group Number of Number with Legally Adopted Annual Funds Budgets General fund 1 1 Special revenue funds g 7 Debt service funds 2 2 Capital projects funds 3 3 Enterprise funds 2 2 Internal service funds 3 3 Trust and Agency: Expendable trust funds 2 0 Nonexpendable trust funds 0 0 Pension trust funds 3 N/A Agency Funds 0 N/A General fixed assets account group 1 NIA General long-term debt account group 1 N/A The City of Tamarac prepares its budget on a basis consistent with GAAP. The City is early implementing GASB 34 for fiscal year ending September 30, 2002. C. BUDGETARY BASIS OF ACCOUNTING The City of Tamarac prepares its budgets on a basis consistent with generally accepted accounting principles (GAAP) for the General Fund, Special Revenue Funds, Debt Service Funds, and Capital Projects Funds. D. FEDERAL AND STATE FINANCIAL ASSISTANCE During the initial fiscal year to be audited, the City of Tamarac will receive financial assistance including but not limited to the following federal or state agencies- 1 - Community Development Block Grant 2. U. S. Department of Justice 3, Federal Emergency Management Association 4. Florida Housing Finance Agency 5. Florida Department of Community Affairs 6. Florida Department of Agriculture 7. Florida Department of Environmental Protection 8. Office of Attorney General E. PENSION PLANS The City of Tamarac participates in the following single employer pension plans: Plan Defined Defined Deferred Benefit Contribution Compensation General Employees Pension Fund* Police Officers Pension Fund* Firefighters Pension Fund* Appointed Officials/Executive/ Administrative/Management (401)(A) Plans Deferred Compensation Plans (457) *Steven 1. Gordon, CPA, provides auditing services for these funds. Actuarial services for these plans are provided by Southern Actuarial Service, Inc. F. COMPONENT UNITS The City of Tamarac is defined for financial reporting purposes, in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Rengrting Standards, Section 2100. Using these criteria, component units are included in the City of Tamarac's financial statements. G. MAGNITUDE OF FINANCE OPERATIONS The Finance Department is headed by Dona J. Newman, CPA, Director of Finance, and consists of twenty-nine (29) employees. The number of employees assigned to each division is as follows: Function Administration Accounting & Financial Reporting Management & Budget Purchasing & Contracts Customer Service Total Number of Employees 3 8 4 5 9 29 f H. COMPUTER SYSTEMS Information Technology Services provides the information system computer support and related services through the use of a centralized computer system, distributed microcomputer systems connected via a high speed fiber optic network, software applications, programming, training, equipment support, telecommunications systems, and other technologies and, services to City departments. The City of Tamarac's network consists of the following systems: (1) AS 400/9406 820 Midsize Computer and Peripheral Equipment (1) AS 400/9406 270 Midsize Computer and Peripheral Equipment • (17) Network Servers (15 Dell & 2 Gateway) (205) P. C.'s (Gateway, Dell) (65) Laser Printers (4) Color Laser Printers (4) Plotters The current applications running on the City of Tamarac's AS/400 system are: I. SOFTWARE VENDOR HTE Microsoft J. DATA BASES TYPE MAJOR APPLICATIONS GMBA (GL, AP, Budget, Projects), Extended Reporting, Purchasing/Inventory, Bids, Asset Management II, Miscellaneous Receivable, Loans Module, Cash Receipts, Payroll/Personnel, Applicant Tracking, Land Management, Building Permits, Code Enforcement, Business Licenses, Planning & Zoning, Customer Information System, Work Order/ Facilities Management, Fleet Management, Fuel Interface, GUI 400 Server, GUI 400 Client, FIRES Management System, BP, Parks & Recreation, Click to Gov, Human Resources System SQL, Exchange, SNA, Proxy, Windows 2000 Servers USES ACCESS Integrated Financial and City Wide -all administration Via multilevel Administration (Relational-AS/400) and management information password and station .......................... K. AVAILABILITY OF PRIOR AUDIT REPORTS AND WORKING PAPERS Interested Proposers who wish to review prior years' Comprehensive Annual Financial Reports (CAFR) and management letters should contact William Nealon, Jr., CPA, Controller, at the City of Tamarac, 7525 NW 88th Avenue, Tamarac, Florida 33321- 2401, (954) 724-1317. The City of Tamarac will use its best efforts to make prior audit reports and supporting working papers available to Proposers to aid their response to this Request for Proposal. V. TIME REQUIREMENTS A. PROPOSAL CALENDAR Request for Proposals Issued March 3, 2003 Due Date for Proposals March 26, 2003 B. NOTIFICATION AND CONTRACT DATES Finalist Presentations April 21, 2003 (Week Of) (To include personnel assigned to the engagement) The City will review and evaluate the proposals in a timely manner. Final Contract Approved by City Commission May 14, 2003 City reserves the right to change andlor delay scheduled dates. C. SCHEDULE FOR CONDUCTING AUDITS During the second and third years of the Financial Auditing Services contract, the Auditor shall complete each of the following no later than the dates indicated below. Due to the proposal due date for fiscal year 2003 (first year of the contract), these dates will be determined by mutual agreement during contract negotiations. 1. Interim Work The Auditor shall complete interim work by August 31st 2. Detailed Audit Plan The Auditor shall provide the City of Tamarac by July 31st, both a detailed audit plan and a list of all schedules to be prepared by the City of Tamarac. 3. Fieldwork The Auditor shall complete all fieldwork by January 31 ". 4. Draft Reports The auditor shall have drafts of the audit report and recommendations to management available for review by March 1 st. D. DATE FINAL REPORT IS DUE It is anticipated that the auditor will deliver the opinion letter, management letter, and all requested reports on or around February 28t" of each year. fqM Ill A. RULES FOR PROPOSALS PROPOSAL REQUIREMENTS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. B. SUBMISSION OF PROPOSALS The following should be submitted for a proposing firm to be considered: I. An original copy (so marked) of a Technical Proposal and nine (9) copies to include the following: a) Title Page. Title page showing the request for proposals' subject, the firm's name, the name, address and telephone number of contact person, and the date of the proposal. b) Table of Contents. The table of contents of the proposal should include a clear and complete identification of the materials submitted by section and page number. c) Transmittal Letter. This letter will summarize in a brief and concise manner the Proposer's understanding of the work to be performed, the commitment to perform the work within the anticipated time period, a statement why the firm believes itself to be best qualified to perform the engagement, and a statement that the proposal remains in effect for ninety (90) days. An authorized agent of the Proposer must sign the Letter of Transmittal indicating the agent's title or authority. d) Detailed Proposal. The detailed proposal should follow the order set forth in Section VI (C) of this Request for Proposal. e) Statement acknowledging receipt of each addendum issued by the City 2. Proposals must be submitted in a sealed envelope clearly marked with the name of the audit firm, "Request for Proposal 03-12R, Financial Auditing Services, March 26, 2003." 3. The following documents (except the Certificate of Insurance), are attached and shall be executed and submitted as a condition of this offer: a) Proposal b) Offeror's Certification c) Certified Resolution d) Offeror's Qualification Statement e) Non -Collusive Affidavit f) Foreign Corporation Statement g) Vendor Drug Free Workplace Statement h) Proof of Insurance a C. TECHNICAL PROPOSAL 1. General Requirements The purpose of the technical proposal is to demonstrate the qualifications, competence, and capacity of the firms seeking to undertake an independent audit of the City of Tamarac in conformity with the requirements of this Request for Proposal. As such, the substance of proposals will carry more weight than their form or manner of presentation. The technical proposal should demonstrate the combined qualifications of the firms and of the Particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the Request for Proposal requirements. The technical proposal should address all of the points outlined in the Request for Proposal. The proposal should be prepared simply and economically, providing a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of the Request for Proposal. While additional data may be presented, the following subjects, items 2 through 9, must be included. There should be no dollar units or total costs included in the technical proposal document. 2. Independence a) The firm shall provide an affirmative statement that it is independent of the City of Tamarac as defined by generally accepted auditing standards and the U.S. General Accounting Office's Government Auditing Standards. b) The firm should list and describe the firm's professional relationships, if any, involving the City of Tamarac for the past five (5) years. 3. License to Practice in Florida An affirmative statement must be included indicating that the firm and all assigned key professional staff are properly registered/licensed to practice in Florida. 4. Firm Qualifications and Experience a) The proposal should state the size of the firm, the size of their firm's governmental audit staff, the location of the offices from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full-time basis, the number and nature of the staff to be so employed on a part-time basis and a delineation of the responsibilities by firm. b) 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-(3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm or any of the professional staff during the past three (3) years with state regulatory bodies or professional organizations. c) The firm shall also describe any litigation or proceeding whereby, during the past two years, a court or any administrative agency has ruled against the firm in any manner related to its professional activities. Similar information shall be provided for any current or pending litigation. Failure to return this information with your proposal will result in the rejection of your proposal. 5. Partner, Supervisory and Staff Qualifications and Experience a) The proposal shall identify the principal supervisory and management staff of engagement office, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement and indicate whether each such person is licensed to practice as a Certified Public Accountant in Florida. The proposal shall also include information on the governmental, utility and electronic data processing auditing experience of each person on the team, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations and on standards setting advisory boards and committees relevant to the performance of this audit. As much information as possible should be provided regarding the number, qualifications, experience and training of the specific staff to be assigned to this engagement. The proposal shall also indicate how the quality of staff over the term of the agreement will be assured. b) Engagement partners, managers, other supervisory staff and specialists may be changed with the express prior written permission of the City of Tamarac if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons. In either case, the City of Tamarac retains the right to approve or reject replacements. 6. Similar Engagements with Other Government Entities a) . For the engagement office assigned responsibility for the audit, list and rank the five (5) most significant engagements performed in the last five 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. b) Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. The City reserves the right to contact the above -mentioned references and any other clients. 7. Conflict of Interest a) The proposal must also disclose any potential conflicts of interest due to any other client's contract or property interests or include a notarized statement certlfvinq that no member of your firm's ownershi mono ement or staff currently have a vested interest which might be considered a conflict of interest. Any potential conflict of interest listed by a firm will be reviewed by the City Attorney to determine its substantiveness. If the conflict of interest is found to be substantive, the proposal will be rejected_ 1 ' ., 8. Specific Audit Approach The proposal must set forth a work plan, including an explanation of the audit methodology to be followed to perform the services required in Section II of this Request for Proposal. In developing the work plan, reference should be made to such sources of information as the City of Tamarac's budget and related materials, organizational charts, manuals, programs, and other financial and management information. Proposers will be required to provide the following information on their audit approach: a) Proposed segmentation of the engagement. b) Staffing assignments and levels to be designated to each proposed segment of the engagement. c) Extent of evaluation and use of electronic data processing software in the engagement. d) Approach to be taken to gain and document an understanding of the City of Tamarac's internal control structure. e) Approach to be taken in determining laws and regulations that will be subject to audit test work. f) Approach to be taken in determining audit samples for purposes of test compliance. g) Approach to be taken in completing Federal and State Single Audit. 9. Proof of Professional Liability Insurance Firms shall provide proof that they are in compliance with the insurance requirements as described in Section I (K) regarding minimum coverage for Professional Liability Insurance, 10. Identification of Anticipated Potential Audit Problems The proposal should 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 of Tamarac. 11. Additional Information This section shall include the following items: a) Provide a summary of any litigation filed against the Proposer in the past three years that is related to the services that Proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. b) Provide a financial statement, annual report, or other similar evidence of Proposer's financial stability. c) Identify the type of business entity involved (e.g., sole proprietorship, partnership, corporation, etc.). Identify whether the business entity is incorporated in Florida, another state or a foreign country. d) Provide the Federal Employer ID number of the Proposer. e) Any additional information, which the Proposer considers pertinent for consideration, should be included in this part of the proposal. No dollars should be included in the technical proposal. D. SEALED DOLLAR COST BID (To be submitted in separate, sealed envelope) 1. Total All -Inclusive Maximum Price a) The sealed dollar bid should contain all pricing information relative to Performing the audit engagement as described in this Request for Proposal. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses. b) The City of Tamarac will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. Such costs should not be included in the proposal. 2. The first page of the sealed dollar bid should include the following information: a) Name of Firm b) Certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid and authorized to sign a contract with the City of Tamarac. c) A total all-inclusive maximum price for the 2003 engagement. 3. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each The second page of the sealed dollar cost bid should include a schedule of professional fees and expenses, presented in the format provided in the attachment (Appendix B, Part 1), that supports the total all-inclusive maximum price. The cost of special services described in Section II (E) of this Request for Proposal should be disclosed as separate components of the total all-inclusive maximum price using the formats provided in Appendix B, Part 2. 4. Out -of -Pocket Expenses Included in the Total All-inclusive Maximum Price and Reimbursement Rates a) Out-of-pocket expenses for firm personnel (e.g., travel, lodging and subsistence) will be reimbursed in accordance with Section 112.061, Florida Statutes. All estimated out-of-pocket expenses to be reimbursed should be presented in the sealed dollar cost bid in the format provided in the attachment (Appendix B). All expense reimbursements will be charged against the total all-inclusive maximum price submitted by the firm. b) In addition, a statement must be included in the sealed dollar cost bid stating that travel, lodging and subsistence expenses included in the total all-inclusive price are in accordance with Section 112.061, Florida Statutes. 5. Rates for Additional Professional Services If it should become necessary for the City of Tamarac to request the Auditor to render any additional services to either supplement the services requested in this Request for Proposal or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only upon a written agreement between the City of Tamarac and the firm. Any such additional work agreed to between the City of Tamarac and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the sealed dollar cost bid. 6. Pricing for Contract Years 2 and 3 Use the lower section of Appendix B, Part 1, to provide the total all-inclusive price for contract years 2 and 3. If the proposed hourly rates used to calculate the total all-inclusive price for any contract year are different from contract year 1 rates, provide an index for those years or provide rates for each staff level and each contract year for which there is a change. Also include a statement as to whether those rates will be applicable for any additional professional services which may be requested during those contract years. 7. Manner of Payment Payments will be based on a schedule of payments to be developed upon awarding of the contract. The City reserves the right to inspect records supporting the Auditor's billings. VII. EVALUATION OF PROPOSALS A. SELECTION COMMITTEE Proposals submitted will be evaluated by a Selection Committee appointed by the City of Tamarac. B. REVIEW OF PROPOSALS The Selection Committee will use a point formula during the review process to score proposals. Each member of the Selection Committee will first score each technical proposal by each of the criteria described in Section VII (C) below. The full Selection Committee will then convene to review and discuss these evaluations and to combine the individual scores to arrive at a composite technical score for each firm. At this point, firms with an unacceptably low technical score will be eliminated from further consideration. After the composite technical score for each firm has been established, the sealed dollar cost bid will be opened and additional points will be added to the technical score based on the price bid. The maximum score for price will be assigned to the firm offering the lowest total all-inclusive maximum price. Appropriate fractional scores will be assigned to other Proposers. The City of Tamarac reserves the right to retain all proposals submitted and use any idea in a proposal regardless of whether that proposal is selected. C. EVALUATION CRITERIA Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria, which will be considered during the evaluation process. 1. Mandatory Elements a) The audit firm is independent and licensed to practice in Florida. b) The audit firm's professional personnel have received adequate continuing professional education within the preceding two years as defined by the U.S. General Accounting (GAO) Government Auditing Standards. c) The firm has no conflict of interest with regard to any other work performed by the City of Tamarac. d) The firm submits a copy of its most recent external quality control review report and the firm has a record of quality audit work. e) The firm adheres to the instructions in this Request for Proposal on preparing and submitting the proposal. 2. Technical Qualifications: (Maximum Points = 70) a) Expertise and Experience (Maximum Points = 40) i. The firm's past experience and performance on comparable government engagements. ii. The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation. iii. The quality and experience of the firm's professional auditing personnel to be assigned to perform the Single Audit. iv. The quality and experience of the firm's EDP auditing personnel assigned to the engagement. b) Audit Approach (Maximum Points = 30) i. Adequacy of proposed staffing plan for various segments of the engagement. ii, Adequacy of the general audit plan for the overall engagement. iii. Adequacy of analytical procedures and sampling techniques. iv. Adequacy of the audit plan for the Single Audit, 3. Responses to References: (Maximum Points = 10) 4. Price: (Maximum Points = 20) Cost will not be the primary factor in the selection of an audit firm. .-... ... r. - tiM1� - D. ORAL PRESENTATIONS During the evaluation process, the Selection Committee may, at its discretion, request firms to make oral presentations. Such presentations will provide firms with an Opportunity to answer any questions the Selection Committee may have on a firm's proposal. Not all firms may be asked to make such oral presentations. E. FINAL SELECTION The City of Tamarac will select the firm, which meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. F. RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the firm of the conditions contained in this Request for Proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Tamarac and the firm selected. The City of Tamarac reserves the right without prejudice to reject any or all proposals. M a � APPENDIX A City of Tamarac Organizational Chart Citizens of Tamarac City Commission City Attorney City Manager Boards and Committees Building Permitting Inspections Certificates of Occupancy Fire Emergency Medical Services Fire Supression Fire Prevention Training City Clerk Elections Records Management Minutes Preparation Desktop Publishing Mail Room Public Information Community Development —Planning ar,rj Toning —Code Enforcement —Geographic Information Systems —Economic Development Information Parks and Technology Recreation — l.iserApplications and Pecreation Activities ,'-ippnrr Parks Maintenance —Technical Support —Svstems Development Social Services Information, Referral and Gutrench Transportation ASS!Stcit'ir e I Public Works Eriaineering Grounds Ivlainter,:ance Str. ets Fleet Services Far iliatvlanagernent Storrrrvvater tvlar te:ement Utilities U•,ter Plant .ter Distribution 01a ,slewater Collectinn vv',.ter Fccountabilit;7 C i_.tomerService alit( +ssurance Enrtmeenn,; Finance Accounting Manag.rnent and Budget Purchasing Customer Ser,ice Satellite City Hall Human Resources Recruitment and Selection - Classification and Pay Wabor Relations Benefits Training -Risk Management Casualty Insurance Programs afcty 0 APPENDIX B PART 1 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE SEPTEMBER 30, 2003 - 2005 FINANCIAL STATEMENTS: SUPPORTING SCHEDULE FOR AUDIT SERVICES NOTE: If the proposed hourly rates used to calculate the total all-inclusive price for any contract year are different from contract year 1 rates, provide an index for those years or provide rates for each staff level and each contract year for which there is a change. Also include a statement as to whether those rates will be applicable for any additional professional services, which may be requested during those, contract years. APPENDIX B PART 2 SCHEDULE OF PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2003 FINANCIAL STATEMENTS: COMBINING SCHEDULE -ALL SERVICES DESCRIBED IN THE REQUEST FOR PROPOSALS SECTION II (E) Nature of Service to be Provided Schedule Total Price Florida Sin le Audit EDP Auditin Services Federal Single Audit Pension Funds Sewage Certification Report Broward Cultural Affairs Grant Audit Other s eci TOTAL 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 Tamarac. D. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: Name (typed): Title: Firm: Date: APPENDIX D PROPOSAL CERTIFICATION FORM The undersigned hereby confirms that: He/she is a duly authorized agent of the Company submitting the proposal; 2. He/she has read the General Terms and Conditions, and the Proposal Requirements which were made available to the Proposer in conjunction with the RFP and fully understands and accepts these terms unless specific variations have been expressly listed on the Proposal Form; 3. The Proposer will accept any awards made to it as a result of the Invitation for a minimum of ninety (90) calendar days following the date and time of the bid opening. DATE: AUTHORIZED SIGNATURE OF AGENT TYPED/PRINTED NAME OF AGENT TITLE OF AGENT NOTE: Proposals without the manual signature of an authorized agent of the Proposer shall be deemed non -responsive and ineligible for award. ;.1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into this day of , 20_, by and between the City of Tamarac, corporation of the State of Florida, hereinafter referred to as hereinafter referred to as CONSULTANT: WHEREAS, the CITY intends to ; and, a municipal CITY, and WHEREAS, the CITY requires certain professional services in connection with and, WHEREAS, the CONSULTANT represents that it is capable and prepared to provide such Services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be for a three-year period beginning with fiscal year 2003 through fiscal year 2005. ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The CONSULTANT shall perform the services in accordance with the provisions contained in the request for proposals as specifically stated in the Nature of Services to Be Performed and as may be specifically designated and additionally authorized by the CITY. Such additional authorizations will be in the form of a Purchase Order. Each Purchase Order will set forth a specific Scope of Services, amount of compensation and completion date. ARTICLE 3 - COMPENSATION The CITY shall pay CONSULTANT in accordance with the provisions contained in the request for proposals as specifically stated in the Schedule of Professional Fees and Expenses, Appendix B, which is attached hereto and incorporated by reference as part of this Agreement. ARTICLE 4 - STANDARD OF CARE CONSULTANT shall exercise the same degree of care, skill, and diligence in the Performance of the Services as is ordinarily provided by a professional under similar circumstances and CONSULTANT shall, at no additional cost to the CITY, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - INDEMNIFICATION CONSULTANT shall, in addition to any other obligation to indemnify the CITY and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the CITY, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the CONSULTANT, any subconsultant, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the WORK; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by CONSULTANT in the performance of the Work; or c). liens, claims or actions made by the CONSULTANT or any subconsultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the CITY to enforce this agreement shall be borne by the CONSULTANT. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reasons, the terms and conditions of this Article shall survive indefinitely. ARTICLE 6 - INDEPENDENT CONTRACTOR CONSULTANT undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. The CITY shall have no right to supervise the methods used, but the CITY shall have the right to observe such performance. CONSULTANT shall work closely with the CITY in performing Services under this Agreement. ARTICLE 7 - COMPLIANCE WITH LAWS In performance of the Services, CONSULTANT will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 8 - INSURANCE During the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 1. Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement, Workers' Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subconsultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty- (60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 2. Comprehensive General Liability: The CONSULTANT shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability with specific reference of Article 5 of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The CITY must be named as an additional insured unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. 3. Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. 4. Professional Liability (Errors and Omissions) Insurance: $10,000,000 The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The CITY must be listed as an Additional Insured under the Policy. Sixty-(60) days written notice must be provided to the CITY via Certified Mail in the event of cancellation. In the event that subconsultants used by the CONSULTANT do not have insurance, or do not meet the insurance limits, CONSULTANT shall indemnify and hold harmless the CITY for any claim in excess of the subconsultants' insurance coverage, arising out of negligent acts, errors or omissions of the subconsultants. CONSULTANT shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the CITY. ARTICLE 9 - CITY'S RESPONSIBILITIES The CITY shall be responsible for providing access to all project sites, and providing information on hand that are available in the files of the CITY the exception of the City Attorney's files that are subject to confidentiality. ARTICLE 10 - TERMINATION OF AGREEMENT The obligation to continue Services under this Agreement may be terminated for cause by either party upon seven (7) days' written notice of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating p a rty. CITY shall have the right to terminate this Agreement or suspend performance thereof without cause for the CITY's convenience upon written notice to CONSULTANT, and CONSULTANT shall terminate or suspend performance of Services on a schedule acceptable to CITY. In the event of termination or suspension for CITY's convenience, CITY shall pay CONSULTANT for all Services performed through the date of notice of termination or suspension. ARTICLE 11 - NONDISCLOSURE OF PROPRIETARY INFORMATION CONSULTANT shall consider all information provided by CITY and all reports, studies, calculations, and other documentation resulting from the CONSULTANT's performance of the Services to be proprietary unless such information is available from public sources. CONSULTANT shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior written authorization of CITY or in response to legal process. r •q - \1 ARTICLE 12 - UNCONTROLLABLE FORCES Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch, The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 13 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County and the Agreement will be interpreted according to the laws of Florida. ARTICLE 14 - MISCELLANEOUS 14.1 Nonwaiver A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 14.2 Severability Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The nonenforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. ARTICLE 15 - INTEGRATION AND MODIFICATION This Agreement is adopted by the CITY and CONSULTANT as a complete and exclusive statement of the terms of the Agreement between the CITY and CONSULTANT. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters or other communications between the CITY and CONSULTANT pertaining to the Services, whether written or oral. The Agreement may not be modified unless such modifications are evidenced in writing signed by both the CITY and CONSULTANT. ARTICLE 15 - SUCCESSORS AND ASSIGNS The CITY and CONSULTANT each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 17 - CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 18 - TRUTH -IN -NEGOTIATION CERTIFICATE Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANTS most favored customer for the same or substantially similar service. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 19 - OWNERSHIP OF DOCUMENTS CONSULTANT shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the CITY upon completion for it's use and distribution as may be deemed appropriate by the CITY. ARTICLE 24 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: I' - CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 With a copy to the City Attorney at the same address. CONSULTANT: Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5.00 p.m, or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONSULTANT and CITY. IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Joe Schreiber, and , signing by and through its duly authorized to execute same. CITY OF TAMARAC ATTEST: Marion Swenson, CIVIC City Clerk Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: Mitchell S. Kraft, City Attorney Date Company Name Signature of Type/Print Name of (CORPORATE SEAL) Date Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NUMBER 1 March 12, 2003 RFP NO. 03-12R The following information responds to questions and/or requested clarifications and is being distributed to all document holders. 1. The Professional Liability insurance requirement is being revised from $10,000,000 to $2,000,000. Reminder: Proof of insurance at the levels now required must be submitted with your proposal. Non- compliance may be grounds for elimination. 2. The following clarifies what other services listed on Appendix B, Part 2 are required as part of the regular annual financial audit. The following services should be included: 1) federal single audit; 2) Florida single audit; 3) Broward Cultural Affairs grant audit (see attached report); and 4) sewage certification (see attached report). The fees associated with other services related to the EDP auditing services and the pension funds are also requested. However, the EDP auditing services can be requested at any time by the Director of Finance or City Manager. The audit of pension funds requires independent approval by each of the pension fund's Board of Trustees. 3. The FY02 audit fee is $74,000 which is inclusive of the federal and state single audit as well as assistance with implementation of GASB Statement No. 34 new financial reporting entity model. 4. The FY03 audit amount budget is $74,000, which is inclusive of the above items as well. 5. For your information, the following attachments are included: "Broward County Cultural Affairs Council Community Arts and Education Grant 09-2002, Financial Statements"; and "Sewage Capital Improvements Replacement Account Grant No. 75-3030, Small Community Sewer Construction Grant Program." 7525 Kth Avenue v Tamarac, Fiorldo 33321-2401 X (954) 724-2450 i Fox (954) 724-2408 ■ www,lamoroc.org Epuol Opportunity Employer r CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same, WITNESS my hand and official seal this day of 20 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. Page Two Addendum #1 RFP 03-12R March 12, 2003 Please sign below and submit this addendum with your proposal. If you have any questions regarding this addendum, please call (954) 724-2450. Lynda S. Flurry, CPPO Purchasing and Contracts Manager c: Evaluation Committee Company Name Authorized Signature Date CITY OF TAMARAC, FLORIDA SEWAGE SYSTEM CAPITAL IMPROVEMENTS REPLACEMENT ACCOUNT GRANT NO.75-3030 SMALL COMMUNITY SEWER CONSTRUCTION GRANT PROGRAM SEPTEMBER 30, 2002 CITY OF TAMARAC, FLORIDA SCHEDULE OF SEWAGE SYSTEM CAPITAL IITROVEMENTS REPLACEMENT ACCOUNT Balance as of September 30, 2001 Deposits Investment Income Withdrawals Balance as of September 30, 2002 GRANT NO.75-3030 SMALL COMMUNITY SEWER CONSTRUCTION GRANT PROGRAM YEAR ENDED SEPTFN MER 30, 2002 0,3 5 350,180 42,080 11,816 S 404,076 H Ra,f lh Cohen & Haltz LLP Certified Public Accountants & Consultants REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTAb-TS City Manager City of Tamarac, Florida We have audited the accompanying schedule of the City of Tamarac's Sewage System Capital Improvements Replacement Account for the year ended September 30, 2D02 as required by the Florida Department of Environmental Protection under Florida Statute Section 403.1826(6). This schedule is the responsibility of the City's management, We conducted our audit of the schedule in accordance with auditing standards generally accepted in the United States and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the schedule is free of material misstatement. Compliance with the laws, regulations, and agreement applicable to the City of Tamarac, Florida is the responsibility of the City's management. As part of obtaining reasonable assurance about whether the schedule is free of material misstatement, we performed tests to the City of Tamarac, Florida compliance with the provisions of Florida Statute Section 403.1826(6), An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the schedule. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall schedule presentation. However, the objective of our audit was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of the tests disclosed no instances of non-compliance with the provisions of the Florida Statute that are required to be reported herein under Government Auditing Standards. This report is intended solely for the information and use of the management of the City of Tamarac and the Florida Department of Environmental Protection and is not intended to be used or should not be used by anyone other than these specified parties. However, this report is a matter of public record and its distribution is not limited. Miami, Florida January 3,2003 One Southeast Third Avenue, Tenth Floor, Miami, Florida 33131 - Tel 305-377.4:28 a Fax M-377-f331 Office- in, Miami . Ft, Lauderdale • West Palm 8eaLh a Stuart _.__......_.— .. 'w".rClicpa.Com Member iJ Summit Iiwernuru�,i "Ar,.xiaiexIn< .o,fm M pnntip.l uttnm.gMvt th wMdMmv uLurnhuc .._... .. Act nuntann uid member of the Florid, lanitutr of Gn,t Pub, k:oumm,t. CITY OF TAMARAC, FLORIDA BROWARD COUNTY CULTURAL AFFAIRS COUNCIL CONIMUNITY ARTS AND EDUCATION GRANT 04-2002 FINANCIAL STATEMENTS OCTOBER 1, 2001 TO SEPTEMBER 30.2002 lfi CITY OF TAMARAC, FLORMA BROWARD COUNTY CULTURAL AFFAIRS CouNCIL COMMUNITY ARTS AND EDUCATION GRANT W2002 TABLE OF CONTENTS PAGE REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS I FINANCIAL STATEMENTS Statement of Financial Position Statement of Revenues by Source in Comparison to Budget 2 3 Statement of Grant Expenditures and Matching Expenditures in Comparison to Budget q Statement of Cash Flows S Notes to Financial Statements 6 H Rachlin Cohen & Holtz LLP Certified Public Accountants & Consultants REPORT OF rNDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Honorable Mayor, City Commission and City Manager City of Tamarac, Florida We have audited the accompanying statement of financial position as of September 30, 2002 and the related statements of revenues by source in comparison to budget and grant expenditures and matching expenditures in comparison to budget and cash flows for the City of Tamarac, Florida Cultural Grants Program (the Grant) for the period October 1, 2001 to September 30, 2002. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United Statcs and the standards applicable to financial audits contained in Government Auditing Standards issued by the Controller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. As described in Note 1, the accompanying financial statements have been prepared in conformity with the accounting practices prescribed or permitted by Broward County and the reporting provisions of the grant agreement, which is a cojnprehensive basis of accounting other than generally accepted accounting principles. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position as of September 30, 2002 of the Florida Cultural Grants Program and the related statements of revenue by source and grant and matching expenditures and cash flows for the period October 1, 2001 to September 30, 2002 on the basis of accounting described in Note 1. Such expenditures have been made in accordance with the provisions of Article 2 of the Broward County and City of Tamarac Cultural Grant agreement. This report is intended solely for the information and use of the Mayor, City Commission, City Manager, management and for filing with Broward County and is not intended to be or should be used by anyone other than these specified parties. However, this report is a matter of public record and its distribution is not limited. Miami, Florida January 3, 2003 J ,Q One Southeast Thud Avenue, Tenth Floor, M(ami, Fionda 33131 • Tel 305.377-4_2h • Fax 3lIS-37.533, Offices in: Miami • Ft. Lauderdale • tvest Palm Beach • Stuart __.___.------- wwa.rchcpa.com Nrmber or Sumnul Inkrrueund nex.wn In:wnl ulkc N -1� ihnaghnR IN Wnrld xls mbrr C' mr f.mr+rcnn In�rp ire o' CrrWnd P„ bla A:r..n Wru —1 Ins4mrt W (].rhiKd hubiu. Acmmpe nis CITY OF TAMARAC, ]FLORIDA BROWARD COUNTY CULTURAL AFFAIRS COUNCIL COMMUNITY ARTS AND EDUCATION GRANT 09-2002 STATEMENT OF FINANCIAL POSITION SEPTEMHER 30, 2002 Cash Duc from other governments S 515 19 00 S 8,505 LIABILMES Due to general fund S 7,990 SMIULANCE Fund balance 515 S 8,505 I // See notes to financial statements. .2- CITY OF TAMARAC, FLORIDA BROWARD COUNTY CULTURAL AFFAIRS COUNCIL C Omm Nm ARTS AND EDUCATION GRANT omo02 STATENfENT OF REVENUES BY SOURCE IN COMPARISON TO BUDGET FROM OCTOBER I, 200170 SEPTEM33ER 30, 2002 Revenues; Purchased goods and services - City of Tamarac Intergovernmental - Broward Cultural Arts Grant Charges for services Total revenues S- 7� See notes to financial statements. -3- BudCSt Actual S 13,000 $ 11,214 10,630 10,630 - 485 S 23,630 S 22,329 CITY OF TAMARAC, FLORIDA BROWARD COUNTY CULTURAL AFFAIRS COUNCIL COMMUNITY A,RTs AND EDUCATION GRANT 09-2002 STATEMENT OF GRANT EXPENDITURES AND MATCHING EXPENDITURES IN COMPARISON TO BUDGET FROM OCTOBER 1, 2001 TO SEPTEMBER 30, 2002 Grant Matching Expenditures: Artistic professional services S 10,630 $10,630 S 3,000 S 4,530 S 13,630 $15,160 Technical/production services - - 6,500 4,863 6,500 4,863 Marketing - - 3,500 1,791 3,500 1,791 Total expenditures $10,630 S 10 630 $13, 0 $11,184 S 23,630 S 21,814 See notes to financial statements. -4- CITY OF TAMARAc, FLORIDA BROWARD COUNTY CULTURAL AnAm COUNcuL, COMMUNITY ARTS AND EDUCATION GRANT 09-2002 STATEMENT OF CASH FLOWS FROM OCTOBER 1, 2001 TO SF.FTEMBER 30, 2002 Cash flows from operating activities: Cash received from City of Tamarac Cash received from Broward County Cultural Arts and Education Grant Cash received from program participants Cash payments to employees for services Cash payments to suppliers for goods and services Net cash provided by operating activities Reconciliation of operating income to net cash provided by operating activities: Operating income Adjustments to reconcile operating income to net cash provided by operating activities: Changes in operating assets and liabilities: Increase in due from other governments Decrease in due to general fund Net cash used by operating activities Cash and cash equivalents, September 30, 2001 Cash and cash equivalents, September 30, 2002 7-4 See notes to financial statements. -5- $19,204 2,640 485 (15,160) (6,654) S 515 S 515 (7,990) 7,115 (360) 875 S 515 CITY OF TAMARA.C, FLORIDA BROWARD COUNTY CULTURAL AFFAIRS COUNCIL COMMUNITY ARTS AND EDUCATION GRANT 09-2002 NOTES TO FINANCIAL STATEMENTS FROM OCTOBER 1, 2001 TO SEPTEMI3ER 30, 2002 NOTE 1. BASIS OF PRESENTATION AND GRANT REQUIREMENTS The financial statements of the City of Tamarac Cultural Grant Program from $toward County,s Culturl] Affairs Council have been prepared on the accrual basis of accounting. The major provisions of the grant includes the following: (1) expenditures are to be made in accordance with the grant agreement and any amount incurred in excess of the grant amount is not eligible for reimbursement to the City; and (2) unexpended grant funds, if any, should be returned to the County. NOTE 2. GRANT FUNDS All of the disbursements for reimbursable grant expenditures were made by the City prior to September 30, 2002 and the City requested reimbursement in accordance with the grant agreement from the County. Funds were expended only on those budget categories specified in the grant agreement. Accordingly, no funds were due to the County. As of September 30, 2002, all monies received from the County were expended in accordance with the grant agreement. -ti- Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NUMBER 2 March 21, 2003 RFP NO. 03-12R FINANCIAL AUDITING SERVICES The following information responds to questions and/or requested clarifications and is being distributed to all document holders: QUESTION: Is the audit of the City's three pension plans also included in the RFP, or do the pension plans have their own auditors? RESPONSE: Currently, we do have a separate auditor, Steven Gordon, for the three pension funds. However, in the RFP (Schedule of Professional Fees and Expenses - Appendix Part 2) we are requesting a proposal on the audit fees for the three pension funds. It will be up to the individual board of trustees for each pension fund if they want to retain a new audit firm. Please sign below and submit this addendum with your proposal. If you have any questions regarding this addendum, please call (954) 724-2450. James Nicotra, CPPB Senior Procurement Specialist Company Name Authorized Signature Date 7525 NW 88th Avenue IF iamaroc, Fiori= 33321-24p1 5 (954) 724-2450 0 Fax (954) 724-2408 0 www.tomorcc.org Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NUMBER 3 March 25, 2003 RFP NO. 03-12R FINANCIAL AUDITING SERVICES Please note the following changes/revisions to the RFP document. All other requirements remain the same. 1. The date required for submittal has been changed from March 26, 2003, to April 2, 2003, no later than 4.00 pm. 2. Professional Liability Insurance. The City will accept a bank letter of credit or a bond for the difference between a firm's deductible and the City's required deductible of $25,000.00 or submitted evidence that an Umbrella Policy would cover the difference between a firm's deductible amount and the City's required deductible. Please sign below and submit this addendum with your proposal. If you have any questions regarding this addendum, please call (954) 724-2450. Required submittal date is Wednesday, April 2, 2003, no later than 4:00 pm., local time. James Nicotra, CPPB Senior Procurement Specialist Company Name 7525 Nw 88th Avenue R Tamoroc, Rorida 33321-2401 K (954) 724-2450 ■ Fax (954) 724-2403 ■ www.tamorac.org