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HomeMy WebLinkAboutAgenda_Audit Comittee_Tab 04_2/25/2021Agenda Item #4. Selection Committee STAFF MEMO Meeting: Staff Contact: Review Draft RFP Selection Committee - Feb 25 2021 Vice -Mayor Kyle Stone Department: Council RFP FIN01-21 Audit Services V5 Page 37 of 72 Agenda Item #4. REQUEST FOR PROPOSALS FOR INDEPENDENT AUDITING SERVICES RFP# FINOl-21 Non -Mandatory Pre -Proposal Meeting: March 10, 2021 E-Bid Submittal Deadline: April 5, 2021 C&, 2 p.m. For information contact: Village Clerk 345 Tequesta Drive Tequesta, FL 33469 DATE ISSUED: March 1, 2021 Page 38 of 72 Agenda Item #4. Table of Contents A. PURPOSE.......................................................................................................................................1 Be TERM OF CONTRACT................................................................................................................1 C. OPTIONS TO RENEW.................................................................................................................1 D. ELIGIBILITY & MINUMUM REQUIREMENTS.................................................................... 1 E. RECORDS, ACCOUNTS, AND STATEMENTS....................................................................... 2 F. GENERAL STANDARDS............................................................................................................. 2 G. AUDIT STANDARDS...** e e e e e e so e e e e eeeeeeee0000***** 3 H. DESCRIPTION OF THE GOVERNMENT................................................................................ 3 I. SCOPE OF SERVICES. 0 0 e 3 J. GENERAL TASKS AND DELIVERABLES.............................................................................. 4 K. REPORTS TO BE ISSUED........................................................................................................... 5 L. AUDIT TIME SCHEDULE........................................................................................................... 5 M. ADDITIONAL SERVICES........................................................................................................... 6 N. WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS ....................... 6 O. INSURANCE REQUIREMENTS................................................................................................ 6 P. OTHER REQUIREMENTS.......................................................................................................... 8 Q. ASSISTANCE TO BE PROVIDED TO THE AUDITOR......................................................... 8 R. INFORMATION REQUIRED OF PROPOSER........................................................................ 9 S. FORMAT FOR SCHEDULE OF FEES....................................................................................16 T. OPTIONAL AND AS NEEDED SERVICES.............................................................................17 U. REFERENCE: FLORIDA STATUTE 218.391 Auditor Selection Procedures ......................18 V. EVALUATION OF PROPOSALS............................................................................................... 20 EXHIBIT A - Proposal Certification.. o o o o o 0 o o o EXHIBITB -Non-Collusion Affidavit..............................................................................................................23 EXHIBIT C - Conflict of Interest Statement....................................................................................................24 EXHIBIT D - Drug -Free Workplace Form......................................................................................................25 EXHIBITE — Reference Form...........................................................................................................................26 EXHIBIT F — Notification of Public Entity Crimes Law.................................................................................27 EXHIBIT G — Truth -in -Negotiation Certificate...............................................................................................28 EXHIBIT H — Village Clerk's Office ADA Compliancy Statement...............................................................29 EXHIBIT I - Palm Beach County "Cone of Silence" Code...........................................................................30 Page 39 of 72 Agenda Item #4. PUBLIC NOTICE Village of Tequesta REQUEST FOR PROPOSALS RFP # FIN01-21 INDEPENDENT AUDITING SERVICES The Village of Tequesta is seeking proposals from qualified certified public accounting firms to perform annual examinations of the basic financial statements of the Village of Tequesta for the five fiscal years ending September 30, 2021; September 30, 2022; September 30, 2023; September 30, 2024; and September 30, 2025, in accordance with the terms, conditions, and specifications contained in this Request for Proposals (RFP). Request for Proposals documents are available on the Village of Tequesta's website at www.tequesta.org or on DemandStar at www.demandstar.com, or by contacting the Village Clerk's office at (561) 768-0443. Vendors who obtain solicitation documents from sources other than these, are cautioned that the solicitation package may be incomplete. Furthermore, all addendums will be posted and disseminated via the Village's website and on DemandStar. Sealed Proposals must be clearly marked "RFP# FIN01-21, Independent Auditing Services" and submitted via DemandStar by the deadline. The deadline for submission of Proposals is April 5, 2021 at 2:00 P.M. local time. Late Proposals will not be accepted and will be returned unopened. A public meeting of the Village's Selection Committee is expected to convene at 10:00 A.M. EST on Monday, April 19, 2021 in the Council Chambers at 345 Tequesta Drive; Tequesta, Florida 33469 to review and discuss rankings of the proposers. It is the responsibility of the Proposer to ensure that all pages are included in the submission. All Proposers are advised to closely examine the request for proposal documents. Any questions regarding the completeness or substance of the request for proposal documents or the scope of services must be submitted in writing via email to Judy Jones, Accountant, iiones@teguesta.or by 5 P.M. local time on March 22, 2021. The Village reserves the right to accept or reject any or all Proposals, in whole or in part, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the Village. Page 40 of 72 Agenda Item #4. SOLICITATION SUMMARY Solicitation Number: Title: Issue Date: Proposal Due Date: Non -Mandatory Pre -Proposal Meeting Question & Answer End Date Contact Submission Information Tentative Schedule: Issue/Advertisement Pre -Proposal Meeting Due Date (E-Bid Submittal Deadline) Evaluation Committee Meeting Finalists Presentation (if needed) Notice of Intent to Award Village Council Meeting RFP# FIN01-21 Independent Auditing Services March 1, 2021 April 5, 2021 at 2:00 p.m., EST March 10, 2021 (Virtual Teleconferencing Meeting) March 22, 2021 Judy Jones Accountant 561.768.0428 JJones�tequesta.org Proposals must be submitted via DemandStar www.demandstar.com March 1, 2021 March 10, 2021 April 5, 2021 April 19, 2021 April 26, 2021 April 27, 2021 May 13, 2021 Page 41 of 72 Agenda Item #4. STOP THE FOLLOWING ARE REQUIREMENTS OF THIS RFP, AS INDICATED BELOW. USE OF THIS CHECKLIST MAY HELP ENSURE THATYOUR SUBMISSION IS COMPLETE. Place a check mark in the "Submitted" column as you complete and enclose each item. Requirements that do not apply to this RFP will be denoted by "N/A" (not applicable). Checklist Required Submitted Requirement Title Page V Table of Contents V General Information V Firm Qualifications and References V Qualifications of Key Personnel Assigned to Engagement V Project Approach V Cost of Services (Separate Sealed Envelope) Village -Required Forms: Proposer's Certification V Non -Collusion Affidavit V Conflict of Interest Statement V Drug -Free Workplace Form V Reference Form (s) V Notification of Public Entity Crimes Law V Truth -in -Negotiation Certificate V ADA Compliancy Statement V W9 V Licenses/Certifications V State of FL Registration V Insurance V This checklist is for your guidance only. Please read the entire RFP thoroughly to ensure that your submission is complete. Page 42 of 72 Agenda Item #4. A. PURPOSE The Village of Tequesta is seeking proposals from qualified firms of Independent Certified Public Accountants to audit the Village's financial statements, for a period of five fiscal years beginning with the fiscal year ending September 30, 2021. The Village expects each Proposer to clearly outline its best and most comprehensive resources in its response, because all services and responsibilities identified in this RFP will be awarded to the successful Proposer. Section 218.39 of the Florida Statutes requires an annual financial audit of Village accounts and records by an independent certified public accountant. Although fees will be a consideration in evaluating proposals, it will not be the only consideration. Evaluation criteria will include the firm's personnel, experience, capacity to furnish the required services, and the specific audit approach. All forms and documents contained within the RFP shall be completed, sealed and submitted. Submittal of a response to this RFP constitutes a binding offer by the Proposer. A Proposer's failure to comply with any provision in the RFP may result in a determination of non -responsibility and/or non -responsiveness, at the sole discretion of the Village. All instructions in the RFP must be adhered to. Questions regarding this RFP offering may be directed to Judy Jones Ojones@tequesta.org). The last date for questions pertaining to this proposal is March 22, 2021. Questions after this date will not be answered. B. TERM OF CONTRACT The term of the engagement shall be for 5 years beginning with the fiscal year ending September 30, 2021 through the completion of the audit of September 30, 2025. In the event that an additional amount of time is needed to solicit auditing services at the end of the 5 year period, a one (1) year extension may be provided by mutual agreement of both parties via Village Council authorization. C. OPTIONS TO RENEW The initial contract term shall prevail for a five-year period from the contract's initial effective date through the completion of the audit of September 30, 2025. The Village will have the option to extend the contract for an additional 1-year term under the same terms of the original contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a Village prerogative, and not a right of the selected Proposer. This prerogative will be exercised only when such continuation is in the best interest of the Village as determined by the Village at the Village's sole discretion. Should the selected Proposer decline the Village's right to exercise the option period, the Village may consider the selected Proposer in default which decision may affect that Proposer's eligibility for future contracts with the Village. D. ELIGIBILITY & MINUMUM REQUIREMENTS To be eligible to respond to this RFP and be considered for award, the Proposer must demonstrate to the satisfaction of the Village that it and the principals assigned to the project have successfully provided services, similar in scope and complexity, as an independent external financial auditor to a local municipality. Proposers must meet the following minimum qualifications. Failure to meet the minimum qualifications may result in rejection of the proposal. Proposers shall submit written documentation such as letters of 1 Page 43 of 72 Agenda Item #4. references and a list of clients who are governmental agencies, as evidence that they meet the requirements stated below. Letters of references shall not be older than one year. 1. Proposers shall certify that they are qualified and licensed to provide auditing services and practice in the State of Florida. 2. Proposers shall have at least 5 years' experience in satisfactorily providing the proposed services to local municipalities. 3. The principals of the firm shall have performed continuous certified public accounting (CPA) services for a minimum of 5 years. 4. The Proposer shall be a member of the American Institute of Certified Public Accountants, Florida Institute of Certified Public Accountants, Government Finance Officers Association and Florida Government Finance Officers Association. 5. The assigned professional personnel of the Proposer shall have received adequate continuing professional education as stipulated by Government Auditing Standards issued by the Comptroller General of the United States. 6. The Proposer is independent of the Village of Tequesta, as defined by generally accepted auditing standards and Government Auditing Standards. 7. The Proposer shall submit a copy of the two most recent external quality control review reports and letters of comment, along with a statement indicating whether the reviews included a review of specific governmental engagements. 8. The manager and senior auditor shall have experience auditing one or more similar governments, specifically as to size and services provided, where all applicable Governmental Accounting Standards Board Statements have been implemented. 9. The manager and senior auditor shall have experience performing a Single Audit in accordance with generally accepted auditing standards, Government Auditing Standards issued by the Comptroller General of the United States, the Single Audit Act Amendments of 1996, the provisions of OMB Uniform Guidance, Audits of State and Local Governments; and the Rules of the Auditor General of the State of Florida. E. RECORDS, ACCOUNTS, AND STATEMENTS The selected Proposer shall keep on its premises, or such other place approved by the Village, current, true, accurate, and complete records and accounts of all services provided to the Village, and shall give the Village or Village's representative access during reasonable business hours and upon three (3) business days' notice to examine and audit such records and accounts. Such records shall be maintained, as an independent certified public accountant would need to examine in order to certify a statement of the selected Proposer's business with the Village pursuant to generally accepted auditing standards. F. GENERAL STANDARDS The selected Proposer shall at all times comply with all rules, regulations, and ordinances of the Village and other governmental agencies having jurisdiction. The selected Proposer shall further take all precautions and extreme care to conduct its activities in a safe, professional, and prudent manner with respect to its agents, employees, members, visitors, and participants. 2 Page 44 of 72 Agenda Item #4. G. AUDIT STANDARDS To meet the requirements of this Solicitation, the audits must be performed in accordance with the following standards: 1. Generally Accepted Auditing Standards as set forth by the American Institute of Certified Public Accountants. 2. The Standards set forth for financial audits under Government Auditing Standards; issued by the Comptroller General of the United States. 3. Federal Single Audit Act, as amended. 4. The provisions of the Florida Single Audit Act, F.S. 215.97 and F.S. 218.39 (as amended); and final 2017 compliance supplement as well as the following additional requirements; Florida Statutes. 5. Audits of State and Local Governmental Units (Revised) — AICPA Audit and Accounting Guide. 6. Section 218.39 and 11.45, Florida Statutes. 7. State of Florida Department of Banking and Finance Regulations. 8. Rules of Uniform Guidance, Performance Management and/ or Grant Agreements. 9. Bonded Debt Covenants. 10. Rules of the Florida Department of Financial Services. 11. Rules adopted by the state of Florida Auditor General for form and content of government unit audits. 12. Any other applicable Federal, State and local laws or regulations. H. DESCRIPTION OF THE GOVERNMENT The auditor's principal contact with the Village of Tequesta will be the Finance Director, or a designated representative, who will coordinate the assistance to be provided by the Village to the Auditor. The Village of Tequesta serves an area of approximately 2 square miles with an estimated population of 5,850. The Village was incorporated in 1957 and operates under a Council -Manager form of government, with the Village Manager being appointed by a five -member council. The Village's fiscal year begins on October 1 and ends on September 30. The Village's major operations include public safety (police, fire rescue/EMS, building and code enforcement), transportation (streets and roads), leisure services, water, stormwater, refuse and recycling and general and administrative services. The current fiscal year budget is $24 million as adopted in accordance with state law. The Village's ERP system, BS&A, encompasses general ledger, payroll/personnel, cash receipts, purchasing, accounts payable, utility billing, building and permitting and business tax receipts. More detailed information on the government and its finances can be found on the Village's website at www.tequesta.org. The Village's Comprehensive Annual Financial Reports (CAFR), and Annual Budgets can be found at http://www.tequesta.org/352/Comprehensive-Annual-Financial-Reports. The Finance Department is headed by Hugh Dunkley, Finance Director and consists of five (5) full time employees in total. I. SCOPE OF SERVICES The Village is soliciting Proposals from qualified certified public accounting firms to perform annual examinations of the basic financial statements of the Village of Tequesta, for the five fiscal years ending September 30, 2021; September 30, 2022; September 30, 2023; September 30, 2024; and September 30, 2025. 3 Page 45 of 72 Agenda Item #4. The auditor will conduct an audit of the Village's basic financial statements in accordance with Generally Accepted Auditing Standards (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Controller General of the United States. The audit report, notes, and schedules are to be prepared by the auditor no later than March 31 st. The scope of the audit shall encompass the additional activities necessary to establish compliance with the Federal Single Audit Act, as amended; United States Office of Management and Budget (OMB) 2 CFR 200, Uniform Guidance; other applicable Federal laws; and the Florida Single Audit Act. J. GENERAL TASKS AND DELIVERABLES The following general tasks and deliverables are required of the selected Proposer: 1. The selected Proposer, as auditor, shall perform an annual examination of the basic financial statements of the Village for the purpose of expressing an unqualified opinion on the fairness with which the statements present the financial positions, results of operations, and changes in financial position in conformity with generally accepted accounting principles. The auditor will perform the audit of the Village's financial statements in accordance with generally accepted auditing standards, and accordingly will include such tests, as considered necessary, in the circumstances. 2. The auditor shall perform an examination to determine whether operations are properly conducted in accordance with legal and regulatory requirements. 3. The auditor shall evaluate the system of internal controls, including the control environment, accounting systems and specific control procedures, to assess the extent to which the controls can be relied upon to ensure accurate information, to ensure compliance with laws and regulations, and to provide for efficient and effective operations. In order to assess the control risk, the Proposer is to perform tests of controls and properly document its assessment. Significant deficiencies and material weaknesses shall be communicated in writing in accordance with generally accepted auditing standards. 4. The auditor shall perform an examination of any additional financial information necessary to comply with generally accepted auditing standards. 5. The auditor is not required to audit the combining and individual fund financial statements and supporting schedules. However, the auditor is to provide an "in- relation -to" report on the combined and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the basic financial statements. 6. The auditor is not required to audit the statistical section of the report; however, the auditor is responsible for performing certain limited procedures involving supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards. 7. The scope of the audit shall include any additional activities necessary to establish compliance with the term "financial audit" as defined and used in Government Auditing Standards. 8. The scope of the audit shall encompass the additional activities necessary to establish compliance with the Federal Single Audit Act, as amended; United States Office of Management and Budget (OMB) Uniform Guidance; other applicable Federal laws; and the Florida Single Audit Act. The Village anticipates that a single audit will may be required each year covered by this contract. 9. The auditor shall use financial condition assessment procedures to assist in detection of deteriorating financial condition as established under Florida Statutes 218.503. The auditor may use the procedures developed by the Auditor General or appropriate alternative procedures. 10. The audit shall include a review of the financial report provided to the Department of Financial Services to assure consistency with the Comprehensive Annual Financial Report. 4 Page 46 of 72 Agenda Item #4. K. REPORTS TO BE ISSUED Following completion of the audit of the fiscal year financial statements, the auditor shall issue the following reports with regard to the basic financial statements of the Village of Tequesta: 1. A report on the basic financial statements. This report must include, at a minimum: a. A statement as to whether the financial statements are presented in accordance with generally accepted accounting principles. b. An expression of opinion regarding the financial statements taken as a whole, or an assertion to the effect that an opinion cannot be expressed including the reasons, therefor. c. A statement that the audit was conducted in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller of the United States. 2. A report on compliance and internal control over financial reporting. 3. A report on compliance and internal control over compliance applicable to each major federal program and state project. 4. A management letter as required by Florida Statutes 218.39 and 215.97 and Rules of the Auditor General, Chapter 10.550 which shall identify any management weaknesses observed, assess their effect on financial management and propose steps to correct or eliminate those weaknesses. 5. Other reports required by the Federal Single Audit Act and the Florida Single Audit Act including: a. An "in -relation -to" report on the Schedule of Expenditures of Federal Awards and State Financial Assistance; and b. A separate schedule of findings and questioned costs, including a summary of audit results related to financial statements, internal controls and compliance. 6. Irregularities and Illegal Acts The auditor shall make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: Mayor, Village Manager, Finance Director and the Village Council as appropriate. L. AUDIT TIME SCHEDULE The Village of Tequesta will have all records and trial balance ready for audit as well as all management personnel available no later than January 1st following the year end (Interim fieldwork can be arranged in the months prior, if necessary). The auditor will complete the fieldwork by the subsequent February 28th. A draft of the CAFR shall be available for review by the first week of March. The auditor shall have drafts of the audit report and recommendations to management for review by the Finance Director by the end of second week in March. The CAFR and audit report shall be issued and available for distribution as of the last day in March. Shortly thereafter the Partner on the engagement may be asked to attend a Council Meeting and make a presentation of the Financial Statements as needed. 5 Page 47 of 72 Agenda Item #4. The Village reserves the right to adjust the above timeline and file for an extension of its CAFR submission beyond the March 31 st deadline. M. ADDITIONAL SERVICES The Village may issue one or more official statements for the sale of bonds during the term of the contract. The official statement will contain the basic financial statements or an extraction from the Comprehensive Annual Financial Report. The auditor shall be required to issue, upon request, a consent and citation of expertise as auditor, "comfort letters" and other documents necessary to issue the bonds. Unless significant additional staff time is required of the auditor, fees for such requests made by the Village shall be included in the base fee submitted by the Proposer. N. WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS 1. The work papers are the property of the auditors and shall be held locally for a period of five years. Work papers shall be available for examination or duplication, without charge, to authorized Village personnel, representatives of Federal or State Agencies upon request of that Agency or the Village of Tequesta in accordance with Federal Law, State Law and other regulations. Working papers shall also be made available for examination, at no charge, or duplication at a reasonable charge, to subsequent auditors engaged by the Village. 2. The auditors shall notify the Village immediately if any regulatory or other government agencies request a review of the audit work papers concerning the Village of Tequesta or any other government client audited by the audit firm. O. INSURANCE REQUIREMENTS Please submit a copy of your insurance certificate with your proposal. Upon execution of a contract, the Contractor shall, at no cost or expense to the Village, procure and maintain insurance throughout the term of the contract as described herein. The Contractor shall not commence work under the contract until the Village has received a certificate of insurance and a copy of all applicable policy endorsements evidencing the insurance requirements indicated below. The Village reserves the right to request a copy of the complete insurance policy(ies). If the Contractor utilizes subcontractors or vendors to perform any work governed by this contract, the Contractor shall require and verify that all subcontractors or vendors maintain insurance meeting all of the requirements stated herein. Furthermore, the insurance policy held by the Contractor shall have no endorsement(s) restricting, limiting or excluding the subcontractors or work on behalf of the Contractor by a subcontractor. The Certificate of Insurance submitted by the Contractor must clearly state that all such subcontractors are "Named Insureds". All insurance policies shall: 1) provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to the Village's contract administrator. The insurance policies shall be endorsed or amended to comply with this notice requirement; 2) be evidenced by an endorsed certificate of insurance generated and executed by a licensed insurance broker, brokerage, or similar licensed insurance professional evidencing such coverage, and naming the Village of Tequesta as a named additional insured on all policies except for Workers' Compensation; 3) be approved as to form and sufficiency by the Village's contract administrator. The original insurance certificate and all extensions to the insurance certificate should be sent to Village of Tequesta, 345 Tequesta Drive, Tequesta, FL 33469. All insurance coverage shall be written with a company having an A.M. Best Rating of at least the "A" category and size category of VIII. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for work contemplated in this RFP shall be deemed unacceptable, and shall be considered breach of contract. 6 Page 48 of 72 Agenda Item #4. Contractor is solely responsible for all applicable policy premiums, deductibles, and/or self -insured retentions attached to any required coverages. Said insurance coverages procured by the Contractor as required herein, including but not limited to any excess and/or umbrella coverages, shall be considered, and the Contractor agrees that said insurance coverages it procures as required herein shall be considered, as primary insurance over and above any other insurance, or self—insurance, available to the Village, and that any other insurance, or self-insurance available to the Village shall be considered secondary to, or in excess of, the insurance coverage(s) procured by the Contractor as required herein. Contractor hereby grants to the Village of Tequesta a waiver of right to subrogation which any insurer of the Contractor may acquire against the Village of Tequesta by virtue of the payment of any loss under such insurance. Contractor agrees to obtain an endorsement that may be necessary to effect this Waiver of Subrogation, but this provision applies regardless of whether or not the Village of Tequesta has received a Waiver of Subrogation endorsement from the insurer. Specific Insurance Coverages and Limits: (1) Workers' Compensation and Employers' Liability Insurance shall be maintained in force during the term of this contract for all employees engaged in work under this contract, in accordance with the laws of the State of Florida. The minimum acceptable limits shall be as required by the State of Florida with the statutory limits, and shall include employers' liability insurance with a limit of not less than $1,000,000 for each accident, $1,000,000 for each disease and $1,000,000 for aggregate disease. (2) Commercial General Liability Insurance shall be maintained by the contractor on an occurrence basis. The use of an Excess or Umbrella policy shall be acceptable if the level of protection provided by the Excess and/or Umbrella policy is equal to or more comprehensive than the primary general liability policy. The required levels of coverage are as follows: General Liability: $1,000,000 Each Occurrence $100,000 Damage to Rented Premises $1,000,000 Personal Injury and Advertising $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate $109000 Medical Payments (3) Professional Liability Insurance shall be maintained by the contractor insuring its legal liability arising out of the performance of the professional services governed by this contract. Proposer shall carry and maintain professional liability insurance with minimum limits of $2,000,000 per Occurrence and $2,000,000 Aggregate. If coverage is written on a claims -made basis, the retroactive date must be no later than the date of this Contract and must be evidenced on the certificate of insurance provided to the City. (4) Business Automobile Insurance shall be maintained by the Contractor as to ownership, maintenance, use, loading and unloading of all owned, non -owned, leased or hired automobile equipment and other vehicles with limits of not less than $1,000,000 combined single limit per occurrence for bodily injury liability and property damage. Certificate holder should be addressed as follows: Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 7 Page 49 of 72 Agenda Item #4. P. OTHER REQUIREMENTS 1. The auditor shall notify the Village immediately should any disciplinary actions be taken, or complaints filed with any regulatory bodies against any of the firm's staff or the firm itself. Auditor shall make an immediate written report of all irregularities and illegal acts. 2. The auditor must designate two (2) "key members" of the audit team. The Village shall reserve the right to approve any substitutions or changes in those staff designated as "key". 3. Auditor shall provide the Village of Tequesta with a copy of each external quality control review report and letters of comment for each review conducted during the time period engaged by the Village of Tequesta. 4. The Schedule of Expenditures of Federal Awards and State Financial Assistance Projects and related auditor's report, as well as the reports on compliance and internal controls are to be issued as part of the Comprehensive Annual Financial Report (CAFR) 5. The Village of Tequesta will send its Comprehensive Annual Financial Report to the Government Finance Officers Association of the United States and Canada for review in their Certificate of Achievement for Excellence in Financial Reporting program. As part of the audit fee proposal, it is expected that the auditor will be required to provide any special assistance deemed necessary to the Village of Tequesta in order to meet the requirements of that program. 6. As part of the audit fee proposal, Village staff expects the assistance and guidance of the auditor with the implementation of any new GASB Standards or other accounting issues. 7. The successful company selected will make "good faith effort" that any employee that works on the Village of Tequesta audit will be returned each year to the Village of Tequesta audit if they are employed by the Firm in their Municipal Audit Section of the Firm. Q. ASSISTANCE TO BE PROVIDED TO THE AUDITOR The Finance Department staff, and responsible management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of the Village of Tequesta. Finance Department staff will provide all data as requested, but the audit firm is responsible to format the data to accommodate their required schedules and work papers. The Village of Tequesta will provide the auditor with reasonable workspace, desks and chairs. The auditor will also be provided access to telephone lines, photocopying facilities, facsimile machines, and internet for the on -site audit staff. The auditors will provide their own laptop computers and necessary peripheral devices. Any cost or charge incurred not associated with the engagement will be paid by the Auditor. The Village will prepare all individual, combining and entity wide Financial Statements and the related notes thereto and required supplementary information. The Village will also be responsible for providing the transmittal letter, management's discussion and analysis and statistical tables. The Village will provide the trial balances for each individual fund. 8 Page 50 of 72 Agenda Item #4. R. INFORMATION REQUIRED OF PROPOSER Proposals must be submitted electronically (e-bid) by the due date and time listed on the title page. Instructions on how to e-bid have been attached for your convenience. If you require assistance with this processor with registering with DemandStar please contact Jonesgtequesta.org. Bids "faxed" or emailed to the Village shall not be accepted. Bids received after the scheduled closing time for receipt of RFP's will be returned unopened to the bidder(s). The Village reserves the right to reject any and all bids and to waive any and all irregularity in any bid. The Proposal must name all persons or entities interested in the Proposal as principals. In each Proposal by an individual or firm, there shall be stated the name and address of every person having an interest in the Proposal; and in the case of a corporation, the names and addresses of its officers. Proposals must be signed by the person or member of the firm making the Proposal, and in the case of a corporation, by an authorized officer or agent subscribing the name of the Corporation and his or her own name. In order to ensure a uniform review process and to obtain the maximum degree of comparability, it is required that the proposals be organized in the manner specified — as follows: ■ TITLE PACE Show the name of proposer's agency/firm, address, telephone number, name of contact person, date, and the subject: RFP# FIN01-21, Independent Auditing Services from FY2020-2021 thru FY2024-FY2025. ■ TABLE OF CONTENTS Include a clear identification of the material by section and by page number. ■ GENERAL INFORMATION 1. Name of business 2. Mailing address/ website address /phone number. 3. Names of persons to be contacted for information or services if different from name of person in charge. 4. Business hours. 5. State if business is local, national, or international and indicate the business legal status (corporation, partnership, etc.). 6. Give the date business was organized and/or incorporated, and where. 7. Give the location of the office from which the work is to be done and the number of professional staff employees at the office. 8. Description and history of the make-up and composition of the firm 9. Indicate whether the business is a parent or subsidiary in a group of firms/agencies. 10. State if the business is licensed, permitted, and/or certified to do business in the State of Florida and attach copies of all such licenses issued to the business entity. 11. Size of the firm, the size of the firm's governmental audit staff, the location of the office 9 Page 51 of 72 Agenda Item #4. from which the work on this engagement is to be performed. 12. Affirmative statement that it is independent of the Village of Tequesta as defined by [generally accepted auditing standards/the U.S. General Accounting Office's Government Auditing Standards)]. ■ FIRM QUALIFICATIONS & REFERENCES (30 POINTS) This section of the proposal should establish the ability of Proposer to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. Proposer should: (1)Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; and number of employees, the size of the firm's governmental audit staff, organizational structure, and philosophy. (2) If the Proposer is a joint venture or consortium, the qualifications of each arm comprising the joint venture or consortium should be separately identified and the firm that is to serve as the principal Auditor should be noted, if applicable. (3) Provide a general description of the firm's financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede Proposer's ability to complete the project. i. The firm is also required to submit copies of the two most recent external quality control review reports and letters of comment along with a statement indicating whether the reviews included a review of specific governmental engagements. ii. 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 arm during the past three (3) years with the state or federal regulatory bodies or professional organizations. 111. 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 Village of Tequesta. iv. List any subcontractors that may be used to accomplish the work (include names, certifications, contact information and services the subcontractors will provide to the Village). v. Circumstances and status of any disciplinary actions taken or pending against the firm or any partners or employees of the firm by State regulatory bodies or professional organizations during the past three years. 10 Page 52 of 72 Agenda Item #4. vi. The Proposer shall describe any litigation or proceeding whereby, during the past three years, a court or any administrative agency has ruled against the firm or any of the professional staff in any manner related to its professional activities. (4) Describe the firm's experience in performing work of a similar nature to that solicited in this RFP and highlight the participation in such work by the key personnel proposed for assignment to this project. i. For the firm's office that will be assigned responsibility for the audit, list the most significant audit engagement (Maximum of five) performed in the last five (5) years that are similar to the engagement described in this Request for Proposal. 11. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. 111. Identify all current government clients and their fiscal year end date. Identify all government clients for which you will engage as auditor for the fiscal year ending September 30, 2021. Provide the number of funds maintained by and the total revenues of the clients for the most recent fiscal year audit. iv. The firm should list separately all other engagements within the last five (5) years, ranked on the basis of total staff hours, for the Village of Tequesta by type of engagement (i.e. audit management advisory services, other). For each engagement, the firm should indicate the scope of work, date, engagement partners, total hours, the location of the firm's office from which the engagement was performed, and the name and telephone number of the principal client contact. v. The proposal should include sample formats for required reports. vi. Description of Proposer's experience in preparing governmental financial statements and in providing assistance in obtaining the the Certificate of Achievement for Excellence in Financial Reporting. The Village has received the Certificate of Achievement for the past 38 consecutive years (1982 - 2019) and will prepare a Comprehensive Annual Financial Report for each year of the contract. (5) Identify subcontractors by company, name, address, contact person, telephone number and project function. Describe Proposer's experience working with each subcontractor. (6) Provide a minimum of four Florida municipal references for which the firm has performed similar work, and furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Proposer may also supply references from other work not cited in this section as related experience. Please do not include the Village of Tequesta or Village of Tequesta eT ees as references. Please note that one copy of a Comprehensive Annual Financial Report from one of the references must be submitted. This copy may be submitted as a link to an external website. 11 Page 53 of 72 Agenda Item #4. (7)The auditor is free to include any promotional material pertaining to the auditor or audit arm; however, such promotional material shall not be considered the Proposal in and of itself. All promotional materials will be considered supplemental information. ■ QUALIFICATIONS OF KEY PERSONNEL ASSIGNED TO ENGAGEMENT (25 POINTS) This section of the proposal should identify key personnel assigned to the Scope of Work. List those persons who will have management position working with the Village if you are awarded the contract. Total staff available for this audit and the anticipated percent of audit work to be performed by various levels of staff. Proposer should: (1) Provide education, experience, and applicable professional credentials of project staff. (2) Resumes of partners, managers and other supervisory staff assigned to this audit, which shall include the following information: ■ Formal education - supplemental education relative to governmental accounting and auditing. ■ Experience in public accounting in general. ■ Experience in private business or government. ■ Experience in auditing governmental units. ■ Membership in various national and state governmental accounting boards, Committees, or associations (past and present); and ■ Professional recognition, such as Certified Public Accounting licenses, Awards, etc. ■ A statement setting forth the Proposer's understanding of the work to be done and a positive commitment to meet or exceed specifications stated in this Solicitation, and a positive commitment to perform the work within the period specified. (3) Total staff available for this audit and the anticipated percent of audit work to be performed by various levels of staff. (4) Include a project organization chart which clearly delineates communication/reporting relationships among the project staff. (5) Include a statement that key personnel will be available to the extent proposed for the duration of the project acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of Village of Tequesta. (6) Copy of CPA license for all individual CPAs assigned to the audit and for the firm in the State of Florida. (7) Documentation from Florida's Board of Accountancy that the licenses described above 12 Page 54 of 72 Agenda Item #4. are indeed active and in good standing. (8) Positive affirmation that all CPAs assigned to the engagement have properly maintained CPE in governmental accounting as required by the Board of Accountancy. (9) Positive affirmation that all CPAs assigned to the engagement have attended "Ethics for Governmental CPAs in Florida". ■ PROJECT APPROACH (25 POINTS) Proposer shall provide a narrative which addresses the Scope of Work and shows Proposer" s understanding of Village of Tequesta's needs and requirements. Proposer should: (1) Describe the approach to completing the tasks specified in the Scope of Services. The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in Section J of this Request for Proposals. In developing the work plan, reference should be made to such sources of information as the Village of Tequesta's budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. Proposers will be required to provide the following information on their audit approach: i. Proposed segmentation of the engagement. ii. Level of staff and number of hours to be assigned to each proposed segment of the engagement. III. Sample size and the extent to which statistical sampling is to be used in the engagement. iv. Extent of use of EDP software in the engagement. v. Type and extent of analytical procedures to be used in the engagement. vi. Approach to be taken to gain and document an understanding of the Village of Tequesta's internal control structure. vii. Approach to be taken in determining laws and regulations that will be subj ect to audit test work. viii. Approach to be taken in drawing audit samples for purpose of tests of compliance. (2) Include an implementation schedule with a final report delivery date and note key project milestones and timelines for deliverables. Identify any assumptions used in developing the schedule. (3) Include a statement indicating ability to begin work with minimum notice. Proposer may also propose procedural or technical enhancements/innovations to the Scope of Services which do not materially deviate from the objectives or required Scope of services. 13 Page 55 of 72 Agenda Item #4. ATTACHED FORMS (Must be completed and submitted with proposal): (1) Exhibit A -Proposal Certification (2) Exhibit B —Non-Collusion Affidavit (3) Exhibit C —Conflict of Interest Statement (4) Exhibit D —Drug-Free Workplace Form (5) Exhibit E —Reference Form (6) Exhibit F —Notification of Public Entity Crimes Law (7) Exhibit G —Truth-in-Negotiation Certificate (8) Exhibit H —Village Clerk's ADA Compliancy Statement (9) Exhibit I —Palm Beach County "Cone of Silence" Code (for informational purposes only) Bidder or Vendor hereby recognizes and certifies that no elected official, board member, or employee of the Village of Tequesta (the "Village") shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no Village employee, nor any elected or appointed officer (including Village board members) of the Village, nor any spouse, parent or child of such employee or elected or appointed officer of the Village, may be a partner, officer, director or proprietor of Bidder or Vendor, and further, that no such Village employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Bidder. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Vendor or Bidder. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by Village. Further, Bidder or Vendor recognizes that with respect to this transaction or bid, if any Bidder or Vendor violates or is a party to a violation of the ethics ordinances or rules of the Village, the provisions of Miami- Dade County Code Section 2-11.1, as applicable to Village, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Bidder or Vendor may be disqualified from furnishing the goods or services for which the bid or proposal is submitted and may be further disqualified from submitting any future bids or proposals for goods or services to Village. Bidder or Vendor must complete and execute the Business Entity Affidavit form. The terms "Bidder" or "Vendor," as used herein, include any person or entity making a proposal herein to Village or providing goods or services to Village. 14 Page 56 of 72 Agenda Item #4. ■ COST OF SERVICES (20 POINTS) A. State the prices, fees, and rates that will be charged to the Village for providing the services. The pricing information should be clear and unambiguous to allow the Village to ability to correctly identify the costs associated with doing business with the Proposer. Include in the pricing information clearly defined discounts, setup fees, price adjustments or escalations, special charges, etc. B. One copy shall be submitted in a separate sealed envelope clearly marked as follows: PROPOSED PRICE ENVELOPE RFP #FIN01-21— INDEPENDENT AUDITING SERVICES FROM FY2020-2021 thru FY2024-FY2025 Price proposals must be submitted separate from technical proposals. No reference shall be made to pricing in the statement of qualifications. Failure to adhere to this requirement will result in disqualification. Evaluation of cost proposal points: The cost proposal points shall be developed in accordance with the following formula: (Lowest Cost/Proposal Cost) X 20 =Points Assigned. PROPOSAL COST LOWEST COST PROPOSED % OF LOW MULTIPLIER TOTAL POINTS ASSIGNED Company # 1 $1001000.00 $1001000.00 100.0% 20 20.0 Company #2 $1081000.00 $1001000.00 92.6% 20 18.5 Company #3 $120,000.00 $100,000.00 83.3% 20 16.7 15 Page 57 of 72 Agenda Item #4. S. FORMAT FOR SCHEDULE OF FEES Provide pricing information in the format shown below, for each year of the contract. Include staff hourly rates to be used for any additional work which may be requested by the Village which is outside the scope of this contract. ATTACHMENT "A" FEE PROPOSAL Part 1 Schedule of Professional Fees and Expenses For the Audit of the September 30, 2021-2025 Financial Statements of Village of Tequesta 2021 Proposed: 2022 Proposed: 2023 Proposed: 2024 Proposed: 2025 Proposed: Hours Rate/ Hr. Hours Rate/ Hr. Hours Rate/ Hr. Hours Rate/ Hr. Hours Rate/ Hr. Partners $ $ $ $ $ Managers $ $ $ $ $ Supervisory Staff $ $ $ $ $ Staff Other (Specify) $ $ $ $ $ Other (Specify) TOTAL: $ $ $ $ $ Grand Total Price for Audit Services * $ 16 Page 58 of 72 Agenda Item #4. T. OPTIONAL AND AS NEEDED SERVICES Part 2 Schedule of Professional Fees and Expenses For the Audit of the 2021- 2025 Financial Statements: Special Considerations and Services The Village does not guarantee that these services will be necessary, however pricing as part of the submittal is required. These costs will not be used for evaluative purposes. Nature of Service to be Provided Year 1 2021 Year 2 2022 Year 3 2023 Year 4 2024 Year 5 2025 Florida Single Audit Federal Single Audit TOTAL $ $ $ $ $ Grand Total Price for Vendors are requested to provide a cost for optional items below; however, these costs will not be used for evaluative purposes. OPTIONAL PRICING Hourly Rate (for additional services as needed) $ Per Hour The undersigned certifies that he/she has the ability to sign and bind the firm or company to the services to be performed within the fees proposed. Signature: Title: Date Signed: Printed Name: Firm or Company: Email: 17 Page 59 of 72 Agenda Item #4. U. REFERENCE: FLORIDA STATUTE 218.391 Auditor Selection Procedures (Excerpts from Florida Statutes) Audit Selection Committee. Per Section 218.391, Florida Statute the Auditor selection procedures are to be followed as detailed below: (1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218.39. (2) The governing body of a charter county, municipality, special district, district school board, charter school, or charter technical career center shall establish an audit committee. Each non charter county shall establish an audit committee that, at a minimum, shall consist of each of the county officers elected pursuant to s. 1(d), Art. VIII of the State Constitution, or a designee, and one member of the board of county commissioners or its designee. The primary purpose of the audit committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in s. 218.39; however, the audit committee may serve other audit oversight purposes as determined by the entity's governing body. The public shall not be excluded from the proceedings under this section. The audit committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its requirements. (b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shall include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. (e) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall recommend such firms as it deems to be the most highly qualified. (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the audit committee, and negotiate a contract, using one of the following methods: (a) If compensation is not one of the factors established pursuant to 18 Page 60 of 72 Agenda Item #4. paragraph (3)(a) and not used to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that arm shall be formally terminated, and the governing body shall then undertake negotiations with the second -ranked firm. Failing accord with the second -ranked firm, negotiations shall then be terminated with that firm and undertaken with the third -ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with firms, may reopen formal negotiations with any one of the three top ranked firms, but it may not negotiate with more than one firm at a time. (b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest ranked qualified firm or must document in its public records the reason for not selecting the highest -ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) In negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. (5) The method used by the governing body to select a firm recommended by the audit committee and negotiate a contract with such firm must ensure that the agreed -upon compensation is reasonable to satisfy the requirements of s. 218.39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and negotiations shall continue in accordance with this section until an agreement is reached. (7) Every procurement of audit service shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals maybe done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. 19 Page 61 of 72 Agenda Item #4. (9) The Village reserves the right to reject any and all proposals to waive minor irregularities in the proposals and to make awards in the best interest of the Village. The Village further reserves the right to seek new proposals when such a procedure is reasonably in the best interest of the Village to do so. (10) Any award made shall be subject to execution of a contract in a form and substance, which is approved by the Village Attorney. V. EVALUATION OF PROPOSALS Each proposal received will be scored on the basis of the information provided and its clarity and applicability to the Village's criteria. The Village reserves the right to investigate the qualifications and experience of each firm. Proposals not sufficiently detailed or in an unacceptable form may be rejected by the Village. 1. The Evaluation Committee will conduct a detailed review and rank each Proposal in accordance with the RFP. A score and ranking from this process will be determined and only the top three (3) ranked Proposers will continue to the next step. 2. The top three Proposers may be notified for an interview appointment as determined by the Committee. 3. The Evaluation Committee may conduct interviews and re -rank each Proposer in accordance with the RFP. The Proposer with the highest final RFP composite score will be considered the winner and the tentative selectee for award of the Professional Services Agreement under this RFP proceeding. TECHNICAL CRITERIA POINTS a Firm's qualifications 30 b Qualifications of key personnel assigned to the engagement 25 c Proposer's project approach 25 d Proposed cost of services 20 Total Points 100 4. For a proposal to be eligible, the format set forth in this RFP must be strictly followed. During this RFP process, any intentional omissions, alterations, or false representations will be grounds for rejection of any Proposal. The Village reserves the right to request clarification of any information submitted by Proposers. 5. It is not required that the successful Proposer have previous experience with the Village of Tequesta. 6. The Village reserves the right to reject any or all Proposals, to waive any irregularities or informalities in any proposal or in the proposal procedures, to accept or reject any item or 20 Page 62 of 72 Agenda Item #4. combinations of items, to request clarification of any information submitted by proposers and to make awards in the best interest of the Village. The award will be to the proposer whose proposal complies with all requirements set forth in this RFP, and whose Proposal, in the opinion of the Village, is the best Proposal taking into consideration all aspects of the Proposer's response, including the total net cost to the Village. 7. Oral Presentations and Interviews - Upon initial completion of the criteria evaluation indicated above, rating and ranking, the Selection Committee may choose to conduct oral presentations and interviews with the top 3 Proposers that the Selection Committee deems to warrant further consideration based on, among other considerations, scores in clusters and/or maintaining competition. Upon completion of the oral presentations and interviews, the Selection Committee will perform a final review to re- evaluate, re -rate, and re -rank the Proposals remaining in consideration based upon the written documents, combined with the oral presentations and interviews. In such circumstances, the initial rankings of the Proposers shall be considered preliminary rankings until after the oral presentations and interviews are completed. 21 Page 63 of 72 Agenda Item #4. EXHIBIT A - Proposal Certification I have received, read and agree to the all terms and conditions as set forth in RFP# FINO 1-21, Independent Audit Services. I hereby recognize and agree that upon execution by an authorized officer of the Village of Tequesta, this Proposal Package, together with the RFP, the resulting Contract, and all other documents prepared by or on behalf of the Village of Tequesta for this solicitation, shall become a binding agreement between the parties for the services to be provided in accordance with the terms and conditions set forth herein. I further certify that all information and documentation contained within this Proposal to be true and correct. Printed Name / Signature Addendum Acknowledgment (if applicable): Proposer acknowledges that the following addenda have been received and are included in his/her Proposal Package: Addendum No. Date Issued Statement of No Proposal (if applicable): The above named company does not intend to submit a proposal for the following reason: insufficient time to respond, do not offer product or service, unable to meet specifications, schedule will not permit or any other reason as stated: 22 Page 64 of 72 Agenda Item #4. 1. He/she is the of EXHIBIT B - Non -Collusion Affidavit (Proposer's Name) being first duly sworn, deposes and says that: (Owner, Partner, Officer, Representative or Agent) the Proposer that has submitted the attached proposal; 2. He/she is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; 3. Such proposal is genuine and is not a collusive or sham proposal; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham proposal in connection with the work for which the attached proposal has been submitted; or to refrain from bidding in connection with such work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with and Proposer, firm or person to fix the price or prices in the attached proposal or of any other Proposer, or to fix an overhead, profit, or cost elements of the proposal price or the proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; 5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Proposer's Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this NOTARY'S SEAL: who is Signature day of Date ,2020 by personally known to me or who has produced (type of identification), as identification. NOTARY PUBLIC, STATE OF FLORIDA (Signature of Notary Taking Acknowledgment) (Name of Acknowledger Typed, Printed or Stamped) My Commission Expires: 23 Page 65 of 72 Agenda Item #4. EXHIBIT C - Conflict of Interest Statement This Request for Proposal is subject to the conflict of interest provisions of the policies and Code of Ordinances of the VILLAGE OF TEQUESTA, the Palm Beach County Code of Ethics, and the Florida Statutes. The Bidder shall disclose to the VILLAGE OF TEQUESTA any possible conflicts of interests. The Bidder's duty to disclose is of a continuing nature and any conflict of interest shall be immediately brought to the attention of the VILLAGE OF TEQUESTA. CHECK ALL THAT APPLY: ❑To the best of our knowledge, the undersigned business has no potential conflict of interest for this Proposal due to any other clients, contracts, or property interests. ❑To the best of our knowledge, the undersigned business has no potential conflict of interest for this Proposal as set forth in the policies and Code of Ordinances of the Village of Tequesta, as amended from time to time. ❑To the best of our knowledge, the undersigned business has no potential conflict of interest for this Proposal as set forth in the Palm Beach County Code of Ethics, as amended from time to time. ❑To the best of our knowledge, the undersigned business has no potential conflict of interest for this Proposal as set forth in Chapter 112, Part III, Florida Statutes, as amended from time to time. IF ANY OF THE ABOVE STATEMENTS WERE NOT CHECKED, the undersigned business, by attachment to this form, shall submit information which may be a potential conflict of interest due to any of the above listed reasons or otherwise. The undersigned understands and agrees that the failure to check the appropriate blocks above or to attach the documentation of any possible conflicts of interest may result in disqualification of your proposal or in the immediate cancellation of your agreement, if one is entered into. COMPANY OR INDIVIDUAL NAME AUTHORIZED SIGNATURE NAME (PRINT OR TYPE) TITLE, IF A COMPANY 24 Page 66 of 72 Agenda Item #4. EXHIBIT D - Drug -Free Workplace Form The undersigned vendor in accordance with Florida Statutes, Chapter 287, Section 287.087 hereby certifies that does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4 In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Florida Statutes, Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6 Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Name Signature Date 25 Page 67 of 72 Agenda Item #4. Company under Review: Reference (Name): Name/Title: Project: Project Manager: Other Key Project Personnel: EXHIBIT E — Reference Form RFP No.: FINO 1-21 RFP Title: Independent Audit Services Phone: Fax: Total Project Cost: Describe the scope of work of the contract awarded by your company/agency to this firm. Please include year of project completion: No. Questions Rating Comments 1. Rate the level of commitment of the firm to your project. Did they devote the time and management staff necessary for successful and timely work? 2. Rate the quality of customer service and the competence and accessibility of the personnel. 3. Rate how well the firm listened and understood the project specific needs of our organization. 4. Rate how well the firm met the major schedule milestones for the project. 5. Rate the firm's success at minimizing and controlling potential mistakes. 6. Rate the overall quality of the work. 7. Rate the technical competence of the firm and its consultants. 8. Rate the integrity and professionalism of the firm. 9. If you have a similar contract to undertake in the future, would the firm be considered? Yes ❑ No ❑ Rating: ]Poor 2=Fair Signature 3 Average 4=Good Date 26 S Excellen t Page 68 of 72 Agenda Item #4. EXHIBIT F — Notification of Public Entity Crimes Law Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity; may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit Qualifications on leases or real property to a public entity; may not be awarded or perform work as a contractor, supplier, sub -Proposer, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title (Print or Type) Date 27 Page 69 of 72 Agenda Item #4. EXHIBIT G — Truth -in -Negotiation Certificate The undersigned warrants: i) that it has not employed or retained any company or person, other than bona fide employees working solely for the undersigned, to solicit or secure the Agreement and i i) that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than its bona fide employees working solely for the undersigned or agreed to pay any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of the Agreement. The undersigned certifies that the wage rates and other factual unit costs used to determine the compensation provided for in the Agreement are accurate, complete, and current as of the date of the Agreement. This document must be executed by a Corporate Officer. Name: Title: Date: Signature: 28 Page 70 of 72 Agenda Item #4. EXHIBIT H — Village Clerk's Office ADA Compliancy Statement The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [agreement /bid documents and specifications] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at the Web Content Accessibility Guidelines page (http://www.w3.org/TR/WCAG). Required Confirmation: I, , have read the above compliancy statement and confirm the agreement, bid documents and specifications, including files, images, graphics, text, audio, video, and multimedia, contained within this bid packet are accessible to individuals with disabilities and conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0. Representative Signature Date: 29 Page 71 of 72 Agenda Item #4. EXHIBIT I - Palm Beach County "Cone of Silence" Code Sec. 2-355. - Cone of silence. (a) "Cone of silence" means a prohibition on any communication, except for written correspondence, regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation between: (1) Any person or person's representative seeking an award from such competitive solicitation; and (2) Any county commissioner or commissioner's staff, any member of a local governing body or the member's staff, a mayor or chief executive officer that is not a member of a local governing body or the mayor or chief executive officer's staff, or any employee authorized to act on behalf of the commission or local governing body to award a particular contract. (b) For the purposes of this section, a person's representative shall include but not be limited to the person's employee, partner, officer, director, consultant, lobbyist, or any actual or potential subcontractor or consultant of the person. (c) The cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response to a competitive solicitation. The cone of silence applies to any person or person's representative who responds to a particular request for proposal, request for qualification, bid, or any other competitive solicitation, and shall remain in effect until such response is either rejected by the county or municipality as applicable or withdrawn by the person or person's representative. Each request for proposal, request for qualification, bid or any other competitive solicitation shall provide notice of cone of silence requirements and refer to this article. (d) The provisions of this article shall not apply to oral communications at any public proceeding, including pre -bid conferences, oral presentations before selection committees, contract negotiations during any public meeting, presentations made to the board or local municipal governing body as applicable, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence at any time with any employee, county commissioner, member of a local municipal governing body, mayor or chief executive officer that is not a member of the local municipal governing body, or advisory board member or selection committee member, unless specifically prohibited by the applicable competitive solicitation process. (e) The cone of silence shall not apply to any purchases made in an amount less than the competitive bid threshold set forth in the county purchasing ordinance (County Code, chapter 2, article lll, division 2, part A. section 2-51 et seq.) or municipal ordinance as applicable. (0 The cone of silence shall terminate at the time the board, local municipal governing body, or a county or municipal department authorized to act on behalf of the board or local municipal governing body as applicable, awards or approves a contract, rejects all bids or responses, or otherwise takes action which ends the solicitation process. (g) Any contract entered into in violation of the cone of silence provisions in this section shall render the transaction voidable. 30 Page 72 of 72