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HomeMy WebLinkAbout03-19-2019 Item 09 - RFP for Audit Services Department Name: Finance Cost Center: 2006 For Agenda of: March 19, 2019 Placement: Consent Estimated Time: N/A FROM: Brigitte Elke, Finance Director Prepared By: Debbie Malicoat, Sr. Administrative Analyst SUBJECT: REQUEST FOR PROPOSALS FOR AUDITING SERVICES RECOMMENDATION Authorize issuing a request for proposals for auditing services. DISCUSSION Background Section 810 of the City Charter requires an annual audit of the City’s financial statement by an independent certified public accountant. In 2011, the Council entered into a multi-year contract for auditing services with Glenn Burdette, Certified Public Accountants. While their services have been outstanding, the contract has expired. As such, staff is recommending issuing a formal request for proposals (RFP) so the City can be assured of receiving quality professional services at the best competitive terms and conditions. Key elements of the work scope and selection process include: Scope of Services. Audit work will include: 1. City basic financial statements. 2. Single Audit Act financial and compliance reports. 3. Transportation Development Act (TDA) financial and compliance report. 4. Whale Rock Commission annual financial statements. Contract Term. The RFP provides for a five-year term with an option to renew for an additional three years. The Government Finance Officers Association of the United States and Canada (GFOA) has recommended a five-year term for auditing services as a best practice. This helps ensure consistency and minimizes start-up cost for both the City and the auditor. Local Government Expertise. The successful proposer will have demonstrated expertise in performing local government audits in accordance with generally accepted accounting principles and auditing standards as well as guidelines set forth in the Certificate of Excellence in Financial Reporting program of the GFOA. Packet Pg. 53 Item 9 Staff Resources. Most California cities and other government agencies end their fiscal year on June 30th, which results in all of them requiring audit services at the same time. The City will be looking for assurances that the successful firm has the trained resources available to service the City during this critical time period. Review Process. All proposals will be received electronically via e-mail and reviewed and rated by a special Review Committee composed of the Director of Finance, Accounting Manager/Controller, Senior Accountant, Public Works Senior Administrative Analyst, and Utilities Senior Administrative Analyst. The proposals will be rated based on experience and expertise, approach to completing the work, their understanding of the work scope and proposed compensation. In short, contract award will not be based solely on price, but on a combination of factors in determining the best overall proposal. Schedule. The following summarizes the proposed selection process schedule: Task Date Issue RFP for audit services 3-20-19 Complete proposal evaluation 4-19-19 Conduct finalist interviews, if required 4-26-19 Recommend contract award to the Council 5-21-19 Policy Context Section 810 of the City Charter requires an annual audit of the City’s financial statement by an independent certified public accountant. The City’s purchasing policy supports periodic review of contractual relationships to ensure the best use of public funds. Public Engagement The results of the audit will be presented annually to the City Council in a public meeting. CONCURRENCE This request is supported by the City’s Charter that requires the City’s audit be done by an independent certified public accountant. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378. Packet Pg. 54 Item 9 FISCAL IMPACT Budgeted: Yes Budget Year: Annually Funding Identified: Yes Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund $71,000 $75,000 $375,000 State Federal Fees Other: Transit and Whale Rock Reservoir TBD TBD Total $71,000 $75,000 $375,000 The current contract for auditing services is $70,450 and it is anticipated that future auditing services costs will be relatively consistent. The RFP requests the cost for the Whale Rock and TDA audit to be quoted separately for direct cost allocation. ALTERNATIVES Renegotiate the Existing Contract. Although staff is satisfied with the services provided by the current auditor, this alternative is not recommended at this time. It is prudent for the City to periodically seek formal audit proposals in order to ensure competitive pricing and services. Attachments: a - Auditing Services Packet Pg. 55 Item 9 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Notice Requesting Proposals for Consultant Services for AUDITING SERVICES The City of San Luis Obispo is requesting sealed proposals for auditing services. All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before 2:00 p.m. on April 12, 2019 when they will be opened publicly in the City Hall Conference Hearing Room, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, project number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the project package. An optional pre-proposal conference will be held to answer any questions that the prospective proposers may have regarding the City's request for proposals. Council Hearing Room 990 Palm Street, San Luis Obispo Wednesday, March 27, 2019 at 1-2 pm 1-888-204-5987, Code: 8618289 Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Accounting Manager/Controller at rpardo@slocity.org with any questions. Packet Pg. 56 Item 9 City of San Luis Obispo Auditing Services TABLE OF CONTENTS A. INTRODUCTION ................................................................................................................................... 1 B. SCOPE OF WORK ................................................................................................................................. 1 C. PROJECT SCHEDULE ............................................................................................................................. 1 D. PROJECT BUDGET ................................................................................................................................ 3 E. GENERAL TERMS AND CONDITIONS ..................................................................................................... 3 F. SPECIAL TERMS AND CONDITIONS ....................................................................................................... 8 G. FORM OF AGREEMENT ...................................................................................................................... 12 H. INSURANCE REQUIREMENTS ............................................................................................................. 14 I. PROPOSAL SUBMITTAL FORMS ........................................................................................................... 16 Packet Pg. 57 Item 9 City of San Luis Obispo Auditing Services -1- A. INTRODUCTION INTRODUCTION The City is requesting proposals from qualified firms of certified public accountants for a five-year contract to audit its financial statements for the five years beginning with the fiscal year ending June 30, 2019, with the option to renew the contract for an additional three fiscal years. B. SCOPE OF WORK Comprehensive Annual Financial Report. The City desires the auditor to express an opinion on the fair presentation of its basic financial statements. The auditor is not required to express an opinion on the combining and individual non-major fund financial statements and schedules or half percent sales tax measure funding schedule. However, the auditor is to provide an “in-relation-to” report based on the auditing procedures applied during the audit of the basic financial statements. Certain limited procedures should be applied to management’s discussion and analysis, budgetary comparison information, and schedules related to retirement and post-retirement obligations, but an expression of an opinion is not required. The auditor is not required to express an opinion on the introductory and sta tistical sections. Single Audit Act Report. The City receives federal funds which come under the provision of the Single Audit Act. The auditor is not required to audit the Schedule of Expenditures of Federal Awards; however, the auditor is to provide an “in-relation-to” report on that schedule based on the auditing procedures applied during the audit of the financial statements. Special Purpose Audits. The City receives funding under the Transportation Development Act which requires a financial and compliance audit. The auditor is also responsible for performing audits of the financial statements of the Whale Rock Commission joint venture. Quarterly Meetings. The City will meet with the auditor quarterly to discuss analytics over quarter end transaction balances and/or to discuss any changes that may impact the financial statements. AUDITING STANDARDS These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office’s (GAO) Government Auditing Standards, the provisions of the federal Single Audit Act of 1984 and the U.S. Office of Management and Budget (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations or latest versions thereof, and the applicable laws, rules and regulations of the Transportation Development Act (TDA). The financial statements are to be prepared in accordance with the latest Governmental Accounting Standard Board (GASB) pronouncements and the audit is to be performed in accordance with generally accepted auditing standards, as required. REPORTS TO BE ISSUED Following the completion of the audit of the fiscal year’s financial statements, the auditor shall issue: Packet Pg. 58 Item 9 City of San Luis Obispo Auditing Services -2- 1. A report of the fair presentation of the financial statements in conformity with generally accepted accounting principles. 2. A report on internal controls over financial reporting and on compliance and other matters based on an audit of the financial statements performed in accordance with government auditing standards. 3. A report on compliance with requirements applicable to each major program and internal control over compliance in accordance with OMB Circular A-133. 4. A report on compliance with applicable statutes, rules and regulations of TDA, the California Code of Regulations and the San Luis Obispo Council of Governments for the Transit Fund and the TDA Fund. 5. An agreed upon procedures report on the City’s compliance with Proposition 111, Article XIII.B of the California State Constitution and Government Code 7900 (et seq.) in its calculation of the Gann Limit. INTERNAL CONTROL and COMPLIANCE REPORTS In the required reports on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization’s ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the report on internal controls. The reports on compliance shall include all instances of noncompliance. Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: City Manager Director of Finance City Attorney Auditors shall assure themselves that the City is informed of each of the following: 1. The auditor’s responsibility under generally accepted auditing standards 2. Significant accounting policies 3. Management judgments and accounting estimates 4. Significant audit adjustments Packet Pg. 59 Item 9 City of San Luis Obispo Auditing Services -3- 5. Other information in documents containing audited financial statements 6. Disagreements with management 7. Management consultation with other accountants 8. Major issued discussed with management prior to retention 9. Difficulties encountered in performing the audit C. PROJECT SCHEDULE The table below shows the preliminary timeline. Proposals shall include detailed schedules (with tasks, milestones, deliverables, and meetings identified by week or month) that are generally consistent with the preliminary timeline. It is understood that the project tasks and schedule may be adjusted based on consultant feedback when the contract is finalized. Preliminary Schedule Tasks Each month following quarter end October – November November - December • Quarterly Meetings • Interim Fieldwork • Final Fieldwork & Final Report Preparation D. PROJECT BUDGET The project budget shall not exceed $75,000, inclusive of travel, direct costs, and contingency funding. As described in Section F, proposals shall include an overall cost estimate broken down by hours by staff and task. Hourly rates shall also be provided for all personnel on the project. Bidders may include options for reducing or adding services, including services that could be performed by City staff. The budget should also be divided into cost for the citywide audit, the Whale Rock Reservoir audit, and the TDA audit report. E. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted in the format described in the RFP specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be emailed to Accounting Manager/Controller, Rico Pardo, at rpardo@slocity.org as either a PDF (preferred) or Word document. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: Packet Pg. 60 Item 9 City of San Luis Obispo Auditing Services -4- a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section H. 4. Proposal Quotes. The prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub- proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessa ry to make such a decision. Packet Pg. 61 Item 9 City of San Luis Obispo Auditing Services -5- 11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United Packet Pg. 62 Item 9 City of San Luis Obispo Auditing Services -6- States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor (Net 30). 25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnis hed, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 26. Audit. The City shall have the option of inspecting and/or audi ting all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and Packet Pg. 63 Item 9 City of San Luis Obispo Auditing Services -7- defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work- in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. City reserves the right to terminate this contract for any reason whatsoever and without cause, upon thirty (30) days prior written notice. In said event, the Contractor shall be entitled to the reasonable value of its services performed to the date of termination. Packet Pg. 64 Item 9 City of San Luis Obispo Auditing Services -8- F: SPECIAL TERMS AND CONDITIONS CONSULTANT SERVICES 1. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Schedule of professional fees and expenses. c. Certificate of insurance. d. References from at least three firms for whom you have provided similar services. Note: For ease of electronic preparation, proposer may prepare their own proposal submittal forms as long as they contain the same information in a similar format. Qualifications a. Experience of your firm in performing similar services. Demonstrate the competence and capacity of the proposer to undertake the audit of the city in conformity with the requirements of this request for proposals. b. An affirmative statement that the firm has successfully completed an external control review, date of the report and a statement whether that quality control review included a review of specific government engagements. c. State the staffing size of the firm, the size of the firm’s governmental audit staff and the location of the office from which the work on this engagement is to be performed. d. An affirmative statement should be included that the firm and all assigned key professional staff are properly licensed to practice in California. e. Resumes of the individuals who would be assigned to this project, including any sub- consultants. f. Standard hourly billing rates for the assigned staff, including any sub-consultants. g. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. Work Program a. Description of your approach to completing the work. b. Tentative schedule by phase and task for completing the work. Packet Pg. 65 Item 9 City of San Luis Obispo Auditing Services -9- c. Estimated hours for your staff in performing each major phase of the work, including sub- consultants. d. Services or data to be provided by the City. e. Any other information that would assist us in making this contract award decision. Requested Changes to Terms and Conditions a. The City desires to begin work soon after selecting the preferred certified public accountant firm. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary. Proposal Length a. Proposals should not exceed 25 pages, including attachments and supplemental materials. The proposal should be prepared simply and economically, providing a straightforward, concise presentation of the information requested. b. Only one electronic copy of the proposal is required, submitted via email by the closing date, to rpardo@slocity.org. Proposals must be submitted as either a PDF (preferred) or Word document. 2. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review committee and contract award process as follows: Phase 1 – Written Proposal Review/Finalist Candidate Selection The proposals will be evaluated based on the following criteria as evidenced in their written proposals: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent team experience in successfully performing similar services. e. Creativity of the proposed approach in completing the work. f. Value. g. Writing skills. h. References. Phase 2 – Oral Presentations/Interviews and Audit Firm Selection (at City’s option) At the City’s discretion, a group of finalist candidates may be asked to provide an oral presentation to the review committee and answer questions about their proposal. The purpose of this second phase is two-fold: to clarify and resolve any outstanding questions or issues about the proposal; and to evaluate the proposer’s ability to clearly and concisely present information orally. After evaluating the proposals and discussing them further with the finalists or the tentatively selected Packet Pg. 66 Item 9 City of San Luis Obispo Auditing Services -10- certified public accountant firm, the City reserves the right to further negotiate the proposed work scope and/or method and amount of compensation. Contract award will be based on a combination of factors that represent the best overall value for completing the work scope as determined by the City, including: the written proposal criteria described above; results of background and reference checks; results from the interviews and presentations phase; and cost. 3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 3/20/19 b. Pre-Proposal Conference (optional) 3/27/19 c. Receive proposals 4/12/19 d. Complete proposal evaluations 4/19/19 e. Conduct finalist interviews and finalize recommendation week of 4/22/19 f. Execute contract (Council meeting) 5/21/19 g. Start work 6/1/19 4. Pre-Proposal Conference. An optional pre-proposal conference will be held at the following location, date, and time to answer any questions that prospective bidders may have regarding this RFP: Council Hearing Room 990 Palm Street, San Luis Obispo Wednesday, March 27, 2019 at 1-2 pm 1-888-204-5987, Code: 8618289 5. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. 6. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 7. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 8. Required Deliverable Products. The Audit Firm will be required to provide: a. Ten (10) copies of each report described in these specifications relating to the CAFR and Single Audit. Packet Pg. 67 Item 9 City of San Luis Obispo Auditing Services -11- b. Three (3) copies of the audit opinion for the Whale Rock Commission annual financial statement. c. Ten (10) complete reports of the Transportation Development Act financial statements and compliance reports. d. When computers have been used to produce materials submitted to the City as a part of the workscope, the Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager: Word Processing Word Spreadsheets Excel Desktop Publishing CorelDraw, PageMaker Computer Aided Drafting (CAD) AutoCAD Computer files must be on a standard compact disk (preferred) or a 3½", high-density, write- protected diskettes, formatted for use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. Alternatively, files may be emailed to the City. ALTERNATIVE PROPOSALS 9. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s). Packet Pg. 68 Item 9 City of San Luis Obispo Auditing Services -12- SECTION G: FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City requested proposals for auditing services, per Project No. 19-2005-1 (project); and WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said project; NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said project. 2. INCORPORATION BY REFERENCE. City Project No. 19-2005-1 and Consultant’s proposal dated [date], are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay, and Contractor shall receive therefore compensation in a total sum not to exceed $XXX. Consultant shall be eligible for compensation installments after completion of milestone Tasks -E as shown in the attached project schedule. 4. CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated Packet Pg. 69 Item 9 City of San Luis Obispo Auditing Services -13- herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Derek Johnson City Manager 990 Palm Street San Luis Obispo, CA 93401 Consultant Name Title Address Address 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that everyone executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO: ________________________________ By:_____________________________________ City Clerk City Manager APPROVED AS TO FORM: CONSULTANT: ________________________________ By: _____________________________________ City Attorney Name of CAO / President Its: CAO / President Packet Pg. 70 Item 9 City of San Luis Obispo Auditing Services -14- SECTION H: INSURANCE REQUIREMENTS Consultant Services The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/l ocation or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any Packet Pg. 71 Item 9 City of San Luis Obispo Auditing Services -15- insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Packet Pg. 72 Item 9 City of San Luis Obispo Auditing Services -16- SECTION I: PROPOSAL SUBMITTAL FORMS Consultants The undersigned declares that she or he has carefully examined this RFP, is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Description Cost General purpose financial statements TDA financial audit and compliance report Single Audit Act report Whale Rock Commission report Gann Limit report TOTAL COSTS $ ❑ Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date Packet Pg. 73 Item 9 City of San Luis Obispo Specification No. 9xxxx -17- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2: Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Packet Pg. 74 Item 9 City of San Luis Obispo Specification No. 9xxxx -18- Reference No. 3 Agency Name Contact Name Telephone & Email Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Packet Pg. 75 Item 9 City of San Luis Obispo Specification No. 9xxxx -19- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼ Do you have any disqualification as described in the above paragraph to declare? Yes ❑ No ❑ ◼ If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative Packet Pg. 76 Item 9