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Home My Public Portal About12-8426 Award RFQ 12-2505100 to Marcum LLP Sponsored by: City Manager RESOLUTION NO. 12-8426 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO AWARD RFQ 12-2505100 TO MARCUM LLP AND NEGOTIATE AND EXECUTE AN AGREEMENT FOR CONSULTING SERVICES RELATED TO PROVIDING A FORENSIC AUDIT OF THE UTILITY BILLING ACCOUNTS, IN AN AMOUNT NOT TO EXCEED $35,000, PAYABLE FROM ACCOUNT NUMBER 61-513320, AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 28, 2012, Resolution 12-8376 was approved for the issuance of a Request for Qualifications for the provision of a Forensic Auditor for the Utility Billing Accounts, pursuant to which RFQ 12-2505100 was issued; and WHEREAS, based on the response and evaluation from nine (9) firms, Marcum, LLP was selected and ranked as the top firm for the job, and is recommended by the City Manager; and WHEREAS, the City Commission of the City of Opa-locka desires to approve the execution of a contract with Marcum, LLP for Forensic Audit for the Utility Billing Accounts, in an amount not to exceed $35,000. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to negotiate and execute an agreement with Marcum, LLP as Forensic Auditor for the Utility Billing Accounts for the City of Opa-locka, in an amount not to Resolution No. 12-8426 exceed $35,000, payable from Account Number 61-513320, and in a form acceptable to the City Attorney. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 27th day of June, 2012. AYLOR MAYOR Attest AfTiL I s anna Flores ity Clerk Approved as to form and legal sufficiency: IA , I Jo '. Geller y At erney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER MILLER Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES 2 O f 0 i0,,„.r...". .i.cc„i4.,.,.o,4 's t1 I�w s A1'ORASEO City of Opa-Locka Agenda Cover Memo Commission Meeting 4/27/12 Item Type: Resolution Ordinance Other Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterXin box) Yes No (EnterXin box) X Public Hearing: Yes No Yes No (EnterXin box) Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Account#61-513320 (EnterXin box) X Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterXin box) X RFQ 12-2505100 Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) X specific objective/strategy this item will address) Enhance Organizational El Bus.&Economic Dev El Public Safety 0 Quality of Education ll Qual.of Life&City Image El Communcation El Sponsor Name City Manager Department: City Manager's Office Short Title: Award of RFQ 12-2505100 to Marcum LLP for an amount not to exceed $35,000 to be negotiated by the City Manager. Staff SuI1CU1 cvy: Staff requests City Commission approval to authorize the City Manager to enter into an agreement with Marcum LLP to provide a forensic audit of the water/sewer utility account, as bid out in RFQ 12-2505100 for an amount not to exceed $35,000 to be negotiated by the City Manager. Based on a cursory analysis of the water and sewer utility accounts in March, which is attached, staff recommended a forensic audit of the billing accounts. An RFQ was approved via Resolution 12-8376 at the March 28th City Commission meeting. If approved, the City Manager, or his representative, shall negotiate the rate, scope of work and timeline for an amount not to exceed $35,000. Proposed Action: Staff recommends approval. Attachment: 1) City of Opa-locka Summary Sheet for RFQ 12-2505100 2) City of Opa-locka Individual Evaluation Forms for RFQ 12-2505100 3) Resolution 12-8376 4)Agenda Cover Memo for Forensic Audit RFQ 5) Memorandum for Forensic Audit RFQ 6) RFQ#12-2505100—Forensic Audit (/,...-1,,,-LOCA,a 9 .0 � .I :��fl m Z P 0 OAAORA-c_e Memorandum To: Mayor Myra L. Taylor Vice Mayor Dorothy Johnson Commissioner Timothy Holmes Commissioner Rose Tydus Commissioner Gail Miller //, FROM: Bryan Finnie, City anager DATE: June 14, 2012 RE: Award of RFQ 12-2505100 to Marcum LLP for an amount not to exceed $35,000 to be negotiated by the City Manager. Request: APPROVAL OF A RESOLUTION TO AWARD RFQ 12-2505100 AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE, ENTER INTO AND EXECUTE AN AGREEMENT WITH MARCUM LLP FOR CONSULTING SERVICES RELATED TO PROVIDING A FORENSIC AUDIT OF THE UTILITY BILLING ACCOUNTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN AN AMOUNT NOT TO EXCEED $35,000 PAYABLE FROM ACCOUNT#61-513320. Description: Staff requests City Commission approval to authorize the City Manager to enter into an agreement with Marcum LLP to provide a forensic audit of the water/sewer utility account, as bid out in RFQ 12-2505100 for an amount not to exceed $35,000 to be negotiated by the City Manager. Account Number: Account# 61-513320. Financial Impact: Approval will have an initial negative fiscal impact of an amount not to exceed $35,000. Implementation Time Line: Immediately 1 Legislative History: Resolution 12-8376 Recommendation(s): Staff recommends approval. Analysis: Based on a cursory analysis of the water and sewer utility accounts in March, which is attached, staff recommended a forensic audit of the billing accounts. An RFQ was approved via Resolution 12-8376 at the March 28th City Commission meeting. If approved, the City Manager, or his representative, shall negotiate the rate, scope of work and timeline for an amount not to exceed $35,000. Attachment(s): 1) City of Opa-locka Summary Sheet for RFQ 12-2505100 2) City of Opa-locka Individual Evaluation Forms for RFQ 12-2505100 3) Resolution 12-8376 4)Agenda Cover Memo for Forensic Audit RFQ 5) Memorandum for Forensic Audit RFQ 6)RFQ #12-2505100—Forensic Audit Prepared by: Jordan W. Leonard, Assistant to the City Manager End of Memorandum 2 CITY OF OPA LOCKA EVALUATION FORM FORENSIC AUDIT- RFQ 12-2505100 COMPANY EXPERIENCE REFERENCES INTRO LETTER KEY PERSONNEL MAX PTS 65 MAX PTS 15 MAX PTS 10 MAX PTS 10 CHERRY, BAKAERT FAYE 63 13 10 9 95 CHARMAINE 65 13 9 10 97 SHIRLEY 65 8 9 10 92 HOWARD 55 15 10 8 88 TOTAL 372 TRIMERGE FAYE 50 12 8 8 78 CHARMAINE 55 10 8 8 81 SHIRLEY 50 7 10 8 75 HOWARD 60 15 10 5 90 TOTAL 324 DAVE JOHN FAYE 50 12 8 8 78 CHARMAINE 50 7 8 8 73 SHIRLEY 40 7 7 7, 61 HOWARD 60 15 10 5 90 TOTAL 302 GOLDSTEIN, SCHECHTER FAYE 63 11 9 9 92 CHARMAINE 59 6 10 9 84 SHIRLEY 60 8 10 7 85 HOWARD 50 10 10 8 78 TOTAL 339 BERKOWITZ FAYE 64 14 10 8 96 CHARMAINE 62 14 9 9 94 SHIRLEY 55 12 8 10 85 HOWARD 65 10 10 10 95 TOTAL 370 MARCUM FAYE 64 14 10 9 97 CHARMAINE 64 15 9 9 97 SHIRLEY 60 15 10 10 95 HOWARD 60 15 10 10 95 TOTAL 384 PAGE 1 OF 2 MRW CONSULTING FAYE 60 14 9 9 92 CHARMAINE 55 8 8 8 79 SHIRLEY 30 7 10 7 54 HOWARD 50 15 10 5 80 TOTAL 305 KPMG FAYE 60 14 8 10 92 CHARMAINE 63 8 8 8 87 SHIRLEY 50 10 10 10 80 HOWARD 65 15 10 8 98 TOTAL 357 FISKE FAYE 60 14 10 9 93 CHARMAINE 60 9 8 8 85 SHIRLEY 55 10 10 10 85 HOWARD 65 10 10 8 93 TOTAL 356 PAGE 2 OF 2 SUMMARY RANKING MARCUM 384 CHERRY, BAKAERT 372 BERKOWITZ 370 KPMG 357 FISKE 356 GOLDSTEIN 339 TRI-MERGE 324 MRW CONSULTING 305 DAVE JOHN 302 CITY OF OPA LOCKA EVALUATION FORM FORENSIC AUDIT RFQ 12-2505100 COMPANY EXERIENCE REFERENCES INTRO LETTER Key Personnel Max pts 65 Max pts 15 Max pts 10 Max pts 10 Cherry, Bakaert c7 /c TriMerge CPA ,. O 0 iS lv S Dave V.John, LLC 6 0 is /0 5 Goldstein Schechter Koch co /0 /0 g Berkowitz Pollack Brant ! 5- to (0 lo Marcum LLP N 0 / /0 /C) MRW Consulting Corp /5 /0 50 KPMG LLP (,` ' /0 fil Fiske &Company 6 S /0 /0 r / .., ::::‘, ...2 if mittee Member Signature Date: 6 * 11 AL \/ r\ e J \ �\ V CITY OF OPA LOCKA EVALUATION FORM FORENSIC AUDIT RFQ 12-2505100 COMPANY EXERIENCE REFERENCES INTRO LETTER Key Personnel Max pts 65 Max pts 15 Max pts 10 Max pts 10 Cherry, Bakaert 8 9 /0 TriMerge CPA 50 7 10 Dave V.John, LLC 2.10 '1 7 Goldstein Schechter Koch C�0 $ /0 '7 Berkowitz Pollack Brant 65 12. S / o Marcum LLP �o /5 10 10 MRW Consulting Corp 30 7 !o KPMG LLP 56 10 10 / 0 Fiske&Company 55 /0 /0 16 I I ommitte Member Signature 61J!l11, Date: C iv P CITY OF OPA LOCKA EVALUATION FORM FORENSIC AUDIT RFQ 12-2505100 COMPANY EXERIENCE REFERENCES INTRO LETTER Key Personnel Max pts 65 Max pts 15 Max pts 10 Max pts 10 Cherry, Bakaert 65 I3 q 10 TriMerge CPA `J.'3 i/' Dave V.John, LLC 50 1 g g Goldstein Schechter Koch n ID 9 Berkowitz Pollack Brant (/tOc n ` 9 Marcum LLP ( tog /5— i MRW Consulting Corp 55 KPMG LLP c� C g g K Fiske&Company ((-{. n =1 _27 Committee Member Signature Date: 1/// i )( q (-- \ ,I)j 7\ 7 \n, CITY OF OPA LOCKA EVALUATION FORM FORENSIC AUDIT RFQ 12-2505100 COMPANY EXERIENCE REFERENCES INTRO LETTER Key Personnel i Max pts 65 Max pts 15 Max pts 10 Max pts 10 Cherry, Bakaert / 3 — / n TriMerge CPA SD / <5 5 Dave V.John, LLC S 0 / 8 V Goldstein Schechter Koch 3 ' , 9 , Berkowitz Pollack Brant 6 4— / Lf— 1 O 8 Marcum LLP 14- I /-I- I 0 ci MRW Consulting Corp / ,^ / I , 3 9 KPMG LLP A, Q ' 1 8 10 Fiske&Company � D I if ID q 9 ci-4-4-u9-15'112--- Committee Member Signature Date: 06 —1/— i ,y il /---t Sponsored by: City Manager Resolution No. 12-8376 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO AUTHORIZE THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) TO RETAIN A QUALIFIED FORENSIC AUDITOR FOR THE CITY'S UTILITY BILLING ACCOUNTS,IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,PAYABLE FROM ACCOUNT NUMBER 16-512490; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka desires to retain a qualified Forensic Auditor for the City's Utility Billing Accounts, to analyze and reconcile accounts; and WHEREAS, the cost for the Auditor is estimated to be around $50,000, which shall be allocated from the Water/Sewer Enterprise fund; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to issue an RFP for qualified forensic auditors, with the final decision as to the firm retained to be made by the City Commission. NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka, authorizes and directs the City Manager to issue a Request for Proposals (RFP) to retain a qualified Forensic Auditor, to analyze and reconcile the Utility Billing Accounts, in a form acceptable by the City Attorney, payable from Account Number 16-512490, with the final decision as to the firm retained to be made by the City Commission. Resolution No. 12-8376 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of March, 2012. YRA .TAYLOR MAYOR ( Attest to: 1 `k,,1L/va— Dr-LA� ^7 /Joanna Flores '`Interim City Clerk Approved as to form and legal sufficiency: AA r Josep. ��': f"� P v♦ City ttorne, Moved by: COMMISSIONER MILLE' Seconded by: VICE MAYOR JOHNSON Commission Vote: 4-1 Commissioner Holmes: NO Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES /OQp-LOC'r• O p 9 $1I,P City of Opa-Locka Agenda Cover Memo Commission Meeting 3/28/12 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (EnterX in box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No 16-512490 (Enter X in box) X Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (Enter X in box) X RFQ Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) X specific objective/strategy this item will address) Enhance Organizational Q Bus.&Economic Dev 0 Public Safety El Quality of Education CD Qual.of Life&City Image EJ Communcation ED Sponsor Name City Manager Department: City Manager's Office Short Title: Approval of a Resolution to allow the City Manager to issue a Request for Qualifications (RFQ)for a Forensic Auditor. Staff Summary: Staff recommends that an RFQ be released by the City Manager to retain a forensic auditor for the City's Enterprise Funds. A recent staff analysis, as described in the attached memorandum, details that there are many discrepancies that need to be addressed in order to ensure that the City is properly maintaining such accounts. The selection of which firm to retain will be brought back to the City Commission for approval. Staff estimates the cost to be around $50,000, which shall be paid by the Water/Sewer Enterprise Fund. Proposed Action: Staff recommends approval. Attachment: None. a • co --- HnoNp1-c, Memorandum To: Mayor Myra L. Taylor Vice Mayor Dorothhnson Commissioner Ti y Holmes Commissioner 'ose Tydus Commission r it Miller FROM: Bryan K. F• anager DATE: Ma• 21, t 2 RE: Auth.- izati s i : a Request for Qualifications (RFQ) Forensic Audit of the Utility Billing Accounts Request: APPROVAL OF A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ISSUE AN REQUEST FOR QUALIFICATIONS (RFQ) FOR A FORENSIC AUDIT OF THE UTILITY BILLING ACCOUNTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY Description: A recent analysis of a sampling of the Utility Billing Accounts may have identified a disturbing trend of individual entities having several unpaid accounts. While there may be justifiable reasons for this, I recommend a detailed analysis be commissioned to reconcile all of these open issues. Account Number: Account# 16-512490 Financial Impact: Approval of this resolution will not have a fiscal impact. The awarding of a forensic auditor will have a negative impact, but should be weighed against the positive impact an audit can bring changing the City's current process. Staff estimates the cost to be around $50,000, which shall be paid by the Water/Sewer Enterprise Fund. Implementation Time Line: Immediately 1 Legislative History: None Recommendation(s): Staff recommends approval. Analysis: Please review the following samplings of account inconsistencies: Account # 04236-0 currently has nine active accounts for three properties. In aggregate, this customer owes $32,104.32 over seven accounts. A more in depth view uncovered that the amounts owed are running balances and are not reflective of recent billing or payments made, i.e. not current. Account # 02114-2 is listed as owing $35,221.29 spread over nine accounts. The bulk of the monies owed, $33,347.85 is listed under one account, 02119-1. This account shows consistent billings and prompt payments until the City billed $25,650.13 on January 17`h, then billings of $3,992.83 on February 16th and $3,491.99 on March 15`h. Prior to January, the customer's bill had not exceeded over $1,000 since April of 2009. Such erratic billing amounts are not normal and warrant further investigation. Account # 00669-3 is listed by Miami-Dade County as a four unit apartment complex within Opa-locka. Specifically, apartment D shows four accounts, with two listed as liens, one closed in 2007 with a zero balance and a fourth account which is active and current. One of the liens may be with a City employee. A further review of the Utility Billing Accounts uncovered at least one other possible City employee who has an outstanding amount due for water/sewer services. A further investigation uncovered that the property does not have an occupational license or landlord tenant license; both are required within the City. Account # 04612-4 is listed as having five utility accounts with the City, owing $7,462.41 over three accounts (two show a zero balance). With this customer, staff found that accounts were opened until the amounts owed were high, closed, and then transferred to new accounts where. Specifically, the accounts show the following: Account # 04613-9 shows as a "No Bill." Owes $485.82 with no payments made from the opening of the account to the last record entered, 7/31/08 through 1/12/10, respectively. Account # 04613-8 shows as a Final Account. Shows a balance transfer of $13,932.37 made to account 04612-4 on 7/31/08. There are no notes in regards to this transaction. Account # 04612-4 shows as a Final Account. Shows the balance transfer of $14,079.90 made from 04613-8 on 7/31/08. The account also shows an adjustment made by staff of erasing $10,916.52 from the account on 9/5/08. There are no descriptive notes for this significant transaction and the line item merely shows a leak at the meter, despite the fact that the bulk of the billing from the account clearly came from account 04613-8 and was billed over the course of time. 2 Account # 04614-6 shows as a Final Account. Shows a balance transfer of $4,828.02 made on 7/31/08 with no activity beyond that date. Account # 04614-7 shows as an Active Account. Shows the balance from account 04614-6 being transferred on 7/31/08 for $4,968.44. There are notes showing an error in the reading, but no adjustment being made. In conclusion, Account # 04612-4 and the customer's other four accounts show that a further investigation is warranted as to if there was an error, why a large amount owed, almost $11,000, was erased by staff and finally why a business with such a large amount of water and sewer billings owed to the City has not been liened or timely collected as is done in other municipalities? The customer also does not show an active business tax receipt but remains open for business as Homestyle Restaurant. Account # 02978-3 is listed as having 12 accounts with the City, owing $57,741.91. Staff found that several account were listed as liened and were past due for many months. Account 03046-3, which is at $10,015.66, is shown in the notes section with a payment plan over 24 months on 3/7/12. Account 03047-2, which is at $23,018.80, is shown in the notes section with a payment plan over 36 months on 3/7/12. Account 03088-5, which is at $6,679.40, is shown in the notes section with a payment plan over 24 months on 3/7/12. Account 02980-3, which is at $14,413.99 and account 02999-7, which is at $3601.93, are both listed as Lien Pending from early 2010. Attachment(s): None. Prepared by: Jordan W. Leonard, Assistant to the City Manager End of Memorandum 3 `i,: City of Opa-locka ''''''''"'s'NN 4...... , „ .L 0 cor.iit poi t3 ® ® C fr-C4 '7:-.-4--- F-2=-7-;--,..„---_-_ ---i7,---, - se ^®awes»n. RFQ NO: 12-2505100 REQUEST FOR QUALIFICATION FORENSIC AUDIT . CITY OF OPA LOCKA 780 FISHERMAN STREET OPA LOCKA, FLORIDA 33054 r o�j�o�k4 o CITY OF OPA-LOCKA Adverbs ement for Request for qualifications OR"O Rat 6� RFQ NO: 12-2505100 -roposa s or • _ . - - A . , T Y• •- - -.T-6 . , , . el;- i - - - e - of the City Clerk, 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054, FRIDAY, MAY 25, 2012 ,by 1:00 pm. Any proposals received after the designated closing time will be returned unopened. The purpose of this Request for qualifications is to seek assistance of a qualified professional contractor to provide FORENSIC AUDIT to the City of Opa-Locka. An original and five (5) copies a total of six (6) plus 1 copy of the proposal on CD's in PDF format shall be submitted in sealed envelopes/packages addressed to Deborah S. Irby, City Clerk, City of Opa-Locka, Florida, and marked FORENSIC AUDIT. Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054, Telephone (305) 953-2800 or copies of RFQ NO 12-2505100 requirements may also be obtained by visiting the City's website at www.opalockafl.gov, (click "RFQ /PROPOSALS"located on the right hand side of the screen and follow the instructions). The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFQ NO 12-2505100 requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. JOANNA FLORES Interim City Clerk Dated: Published: Forensic Audit Services—RFQ# SCOPE OF SERVICES 1.1 The auditor shall perform such forensic accounting procedures as necessary to identify and quantify any abnormal financial activity, past or present related to Utility Billing and adjustments to utility bills. A recent analysis of a sampling of the Utility Billing Accounts may have identified a disturbing trend of individual entities having several unpaid accounts. While there may be justifiable reasons for this, a detailed analysis is commissioned to reconcile these open issues. The scope may be expanded or altered at the recommendation of the auditor, if found acceptable by the City Manager and approved by the City Commission. After completion of the service contracted within this request, further investigation may be requested. Furthermore, the auditor must be available as an expert witness to support legal action for asset recovery on behalf of the City. Please review the following samplings of account inconsistencies: Account XXXXXX currently has nine active accounts for three properties. In aggregate, this customer owes $32,104.32 over seven accounts. A more in depth view uncovered that the amounts owed are running balances and are not reflective of recent billing or payments made, i.e. not current. Account XXXXXX is listed as owing $35,221.29 spread over nine accounts. The bulk of the monies owed, $33,347.85 is listed under one account XXXXXX. This account show consistent billings and prompt payments until the City billed $25,650.13 on January 17th, then billings of $3,992.83 on February 16th and $3,491.99 on March 15th. Prior to January, the customer's bill had not exceeded over $1,000 since April of 2009. Such erratic billing amounts are not normal and warrant further investigation. Account XXXXXX is listed by Miami-Dade County as a four unit apartment complex within Opa-locka. Specifically, apartment D shows four accounts, with two listed as liens, one closed in 2007 with a zero balance and a fourth account which is active and current. One of the liens may be with a City employee. A further review of the Utility Billing Accounts uncovered at least one other possible City employee who has an outstanding amount due for water/sewer services. Account XXXXXX is listed as having five utility accounts with the City, owing $7,462.41 over three accounts (two show a zero balance). With this customer, staff found that accounts were opened until the amounts owed were high, closed, and then transferred to new accounts. Specifically, the accounts show the following: a. Account XXXXXX shows as a "No Bill." Owes $485.82 with no payments made from the opening of the account to the last record entered, 7/31/08 through 1/12/10, respectively. Page 3 of 21 Forensic Audit Services—RFQ# b. Account XXXXXX shows as a Final Account. Shows a balance transfer of $13,932.37 made to account 04612-25051004 on 7/31/08. There are no notes in regards to this transaction. c. Account XXXXXX shows as a Final Account. Shows the balance transfer of $14,079.90 made from 04613-8 on 7/31/08. The account also shows an adjustment made by staff of erasing $10,916.52 from the account on 9/5/08. There are no descriptive notes for this significant transaction and the line item merely shows a leak at the meter, despite the fact that the bulk of the billing from the account clearly came from account 04613-8 and was billed over the course of time. d. Account XXXXXX shows as a Final Account. Shows a balance transfer of $4,828.02 made on 7/31/08 with no activity beyond that date. e. Account XXXXXX shows as an Active Account. Shows the balance from account XXXXXX being transferred on 7/31/08 for $4,968.44. There are notes showing an error in the reading, but no adjustment being made. In conclusion, Account XXXXXX and the customer's other four accounts show that a further investigation is warranted as to if there was an error, why a large amount owed, almost $11,000, was erased by staff and finally why a business with such a large amount of water and sewer billings owed to the City has not been liened or timely collected as is done in other municipalities? Account XXXXXX is listed as having 12 accounts with the City, owing $57,741.91. Staff found that several account were listed as liened and were past due for many months. Account XXXXXX, which is at $10,015.66, is shown in the notes section with a payment plan over 24 months on 3/7/12. Account XXXXXX, which is at $23,018.80, is shown in the notes section with a payment plan over 36 months on 3/7/12. Account XXXXXX, which is at $6,679.40, is shown in the notes section with a payment plan over 24 months on 3/7/12. Account XXXXXX, which is at $14,413.99 and account XXXXXX, which is at $3601.93, are both listed as Lien Pending from early 2010. 1.2 Reports to be Issued: Following the completion of the audit, the auditor shall issue a written report communicating all discovered abnormal financial activity, past or present, its quantification, cause, and consequence. The report will be in sufficient detail to enable the City to collect any potentially recoverable losses. Immediately upon completion of the Forensic Audit, the auditor shall orally report its findings to the City Manager and advise and recommend to the City appropriate actions to prevent future abnormal activities. Page 4 of 21 Forensic Audit Services—RFQ# 1.3. Special Considerations: For the forensic activity so engaged, the auditor will be required to quantify and document its results to a level sufficient to enable the City of Opa-locka to collect any potentially recoverable losses as defined under any applicable insurance policies. It is expected the auditor will advise and recommend to the City Manager appropriate supplemental investigative scope and techniques, capable of detecting and quantifying all additionally suspected abnormal activity, past and present. 1.4 Implied Requirements: All services not specifically mentioned in this request or proposals that are necessary to provide functional capabilities described by the auditor, are implied to be included in the Scope of Services. 1.5 Working Paper Retention and Access to Working Papers: All working papers and reports must be retained, at the auditor's expense, for a minimum of five (5) years, unless the firm is notified in writing by the City of Opa-locka of the need to extend the retention period. The auditor will be required to make working papers available' upon request. To the following parties or their designees: City of Opa-locka Federal Single Audit Agency U.S General Accounting Office (GAO) Parties designated by the federal or state governments or by the City of Opa- locka as part of an audit quality review process. Auditors of entities of which the City of Opa-locka is a sub-recipient of grant funds. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. GENERAL INFORMATION 2.1 Introduction: The City of Opa-locka is soliciting the services of certified fraud examiners' with CPA credentials, to conduct a 'Forensic Audit" of certain municipal departments and/or accounts detailed in the scope of work within this document. The certified public accounting firm selected must have an established capability to perform forensic accounting procedures for municipalities and to conduct a forensic investigation of potential erroneous or fraudulent activity and support legal action for asset recovery. 2.2 Proposal Submission and Withdrawal: The City must receive all proposals in a sealed envelope by FRIDAY. MAY 25, 2012 by 1:00 p.m. The proposals shall be submitted at the following address: Page 5 of 21 Forensic Audit Services—RFQ# CITY OF OPA-LOCKA Office of the City Clerk 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 To facilitate processing, please clearly mark the outside of the proposal package as follows: RFQ NO 12-2505100. This package shall also include the Proposer's return address. Proposers may withdraw their proposals by notifying the City in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, for a period of 90 days. Once opened, proposals become a record of the CITY and will not be returned to the Proposer. The City cautions proposers to assure actual delivery of mailed or hand-delivered proposals directly to the City Clerk's Office at 780 Fisherman Street, 4th Floor, Opa- Locka, Florida 33054 prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (305) 953-2800 before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Proposer(s). 2.3 Number of Copies: Proposers shall submit an original and five (5) copies total of six (6) copies of the proposal in a sealed, opaque package marked as noted above. The Proposer will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. 2.4 Development Costs: Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this Request for Qualifications. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFQ. 2.5 Inquiries: Interested Proposers may contact the City's Purchasing Officer regarding questions about the proposal by telephone at (305) 953-2868 x1307 or by facsimile at (305) 953-2900. The City Clerk will receive written requests for clarification concerning the meaning or interpretations of the RFQ, until eight (8) days prior to the submittal date. City personnel are authorized only to direct the attention of prospective Proposers to various portions of the RFQ NO 12-2505100 so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this RFQ NO 12-2505100 or give information as to the requirements of the RFQ NO 12-2505100 in addition to what is contained in the written RFQ NO 12- 2505100 document. 2.6 Addendum: The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The CITY may mail written addenda up to Page 6 of 21 Forensic Audit Services—RFQ# seven (7) calendar days before the date fixed for receiving the proposals. Proposers shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the RFQ NO 12-2505100 opening will not be binding. All Proposers are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City's Purchasing Agent through written communication prior to the opening of the proposals. 2.7 Contract Awards: The City anticipates entering into an Agreement with the Proposer who submits the proposal judged by the City to be most advantageous. The Proposer understands that this RFQ NO 12-2505100, does not constitute an offer or an Agreement with the Proposer. An offer or Agreement shall not be deemed to exist and is not binding until proposals are reviewed, accepted by appointed staff, the best proposal has been identified, approved by the appropriate level of authority within the City and executed by all parties. The City reserves the right to reject all proposals, to abandon the project and/or to solicit and re-advertise for other proposals. 2.8 Contractual Agreement: This RFQ NO 12-2505100 shall be included and incorporated in the final award. The order of contractual precedence will be the Contract or Agreement document, original Terms and Conditions, and Proposer response. Any and all legal action necessary to enforce the award will be held in Miami-Dade County and the contractual obligations will be interpreted according to the laws of Florida. Any additional contract or agreement requested for consideration by the Proposer must be attached and enclosed as part of the proposal. 2.9 Selection Process: The proposals will be evaluated and assigned points. The contractor with the highest number of points will be ranked first; however, nothing herein will prevent the City from assigning work to any contractor deemed responsive and responsible. The City reserves the right to further negotiate any proposal, with the highest rated Proposer. If an agreement cannot be reached with the highest rated Proposer, the City reserves the right to negotiate and recommend award to the next highest Proposer or subsequent Proposers until an agreement is reached. 2.10 Public Records: Upon award recommendation or ten (10) days after opening, whichever occurs first, proposals become "public records" and shall be subject to public disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions to disclosure provided by law in the response to the RFQ, and must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. Document files may be examined, during normal working hours. Page 7 of 21 Forensic Audit Services—RFQ# 2.11 News Releases: The Proposer shall obtain the prior approval of the City Manager's Office of all news releases or other publicity pertaining to this RFQ NO 12- 2505100 or the service, study or project to which it relates. 2.12 Insurance: The awarded Proposer(s) shall maintain insurance coverage reflecting at least the minimum amounts and conditions specified herein. In the event the Proposer is a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Proposers' insurance coverage, policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing Agreement. 1. Evidence of General Liability coverage with limits not less than $1,000,000 per Occurrence/ $2,000,000 Aggregate (Including Policy Number and Policy Period); 2. Evidence of Auto Liability coverage with limits not less than $1,000,000 per Occurrence/$1,000,000 Aggregate (Including Policy Number and Policy Period); 3. Evidence of Workers' Compensation coverage with statutory limits and Employer's Liability coverage with limits not less than $100,000 (Including Policy Number and Policy Period); 4.The City listed as an additional insured (this may be specifically limited to the specific job(s) the contractor will be performing); 5. Minimum 30-day written notice of cancellation. 2.13 Licenses: Proposers, both corporate and individual, must be fully licensed and certified in the State of Florida at the time of RFQ NO 12-2505100 submittal. The proposal of any Proposer who is not fully licensed and certified shall be rejected. 2.14 Public Entity Crimes: Award will not be made to any person or affiliate identified on the Department of Management Services' "Convicted Vendor List". This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. No public entity shall award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017 Florida Statutes for Category Two (currently $25,000) with any person or affiliated on the "Convicted Vendor List" for a period of thirty-six (36) months from the date that person or affiliate was placed on the "Convicted Vendor List" unless that person or affiliate has been removed from the list. By signing and submitting the RFQ NO 12-2505100 proposal forms, Proposer attests that they have not been placed on the "Convicted Vendor List". 2.15 Code Of Ethics: If any Proposer violates or is a party to a violation of the code of ethics of the City of Opa-Locka or the State of Florida with respect to this proposal, such Proposer may be disqualified from performing the work described in this proposal Page 8 of 21 Forensic Audit Services—RFQ# or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from submitting any future proposals for work, goods or services for the City of Opa-Locka. 2.16 Drug-Free Workplace: Preference shall be given to businesses with Drug-Free Work Place (DFW) programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 2.17 Permits and Taxes: The Proposer shall procure all permits, pay all charges, fees, and taxes and give all notices necessary and incidental to the due and lawful prosecution of the work. 2.18 Protests: Protests of the specifications and other requirements of the Request for qualifications must be received in writing by the City Clerk's Office at lease ten (10) working days prior to the scheduled bid opening. A detailed explanation of the reason for the protest must be included. Protests of the award or intended award of the bid or contract must be in writing and received in the City Clerk's Office within seven (7) working days of the notice of award. A detailed explanation of the protest must be included. 2.19 Termination for Convenience: A contract may be terminated in whole or in part by the City at any time and for any reason in accordance with this clause whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be effected by the delivery to the contractor at least five (5) working days before the effective date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made (if applicable) for the completed service, but no amount shall be allowed for anticipated profit on unperformed services. 2.20 Term of Agreement: It is the intent of the City to award an Agreement for a one (1) year term to begin upon approval and execution by the City, with the opportunity to extend the Agreement for up to four (4) one year renewal periods upon mutual agreement of the parties, up to a cumulative total of five (5) years as determined to be in the best interest of the City. The City reserves the right at its own discretion to choose multiple Contractors to accept primary placements. 2.21 Non-Discrimination: The City of Opa-locka prohibits discrimination in employment based on race, national origin, color, creed, religion, sex, disability, age, veteran status, sexual orientation, gender identity, or associational preferences. Page 9 of 21 Forensic Audit Services—RFQ# DESCRIPTION OF THE GOVERNMENT 3.1. Name and Telephone Number of Contact Persons/organizational Chart/Location of Offices: The auditor's principal contact with the City of Opa-locka will be Jordan Leonard, Assistant to the City Manager, or a designated representative, who will coordinate the assistance to be provided by the City of Opa-locka to the auditor. 32_123 ckground information: The City of Opa-locka serves an area of 4.5 square miles with a population of approximately 16,000. The City of Opa-locka's fiscal year begins on Oct 1 and ends on Sept 30. More detailed information on the government and its finances can be found in the Comprehensive Annual Financial report accessible on the City's website, www.opalockafl.qov. The City of Opa-locka has a total payroll of approximately $10 million covering 190 employees. The Utility Billing Division services approximately 6,000 active water accounts. STANDARDS AND MEASURES 4.1 The investigators and/or fraud examiners of the award winning team conducting the forensics audit must be licensed and in good standing by the State of Florida. 4.2 The investigators and examiners of the award winning company must have a proven historical track record and display intimate knowledge and experience of forensic accounting standards and both Federal and Florida State fraud, conspiracy, and money laundering criminal statutes. 4.3 The investigators and examiners of the award winning company must have a proven historical track record and display intimate knowledge and experience with Florida State laws and civil statutes dealing with civil issues, for example, conflict of interest or involving personnel issues and/or allegations implicating misconduct and improprieties on the part of City of Opa-locka employees. 4.4 At least one member and most preferably most members of the award winning team must be Certified Fraud Examiners or Certified Forensic Accountant. 4.5 The award winning firm must have the ability o scrutinize existing internal controls and make cost effective recommendations. Page 10 of 21 Forensic Audit Services—RFQ# PROPOSAL SUBMISSION FORM AND CONTENT 5.1 Package: Proposals should be in a sealed package, marked on the outside with the Proponent's name, title of the Project and RFQ number. 5.2 Letter of Introduction: This letter should introduce the consultant's prior experience in forensic audit in the State of Florida. 5.3 Company Profile: Company History; Number of Years in business; Financial Statements for the last fiscal year end and interim year to date; copy of the consultant's license to do business in the state of Florida. 5.4 Project Team: Please provide resumes of key proposed project personnel. Please also indicate number of years employed by firm. Please include names of sub- consultant(s) the consultant intends to use for this RFQ. 5.5 Project Experience & References: Please provide a list of forensic audit projects completed in last three (3) years including project name, location, scope of work including contract amount, and service duration. Please provide the following information: • Experience of the staff to be assigned to the project in performing similar services • Resumes of the individuals who would be assigned to the project(s), including any sub-consultants • Proximity and staffing levels of the nearest company office • Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project • Standard hourly billing rates for consultant and sub-consultant staff • Detailed list of services available directly from the company • Insurance Provide each listed projects owner's name, address, telephone number(s), e-mail for reference and/or performance verification. City Staff will verify and make reasonable efforts to contact references and provide a report of the results to the evaluation team. City will have no liability for inaccurate contact information provided by respondents or for unavailable or negative references. Page 11 of 21 Forensic Audit Services—RFQ# EVALUATION AND SELECTION 6.1 Evaluation Team: The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The Evaluation Team may consult with others including City staff members, third party consultants and references, as the Evaluation Team may in its discretion decide is required. The Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or Preferred Proponents to the City. 6.2 Evaluation Criteria: The evaluation team will compare and evaluate all RFQ packages to determine the strength and ability of the potential consultants to provide the services required in the most advantageous manner to the City, using the following criteria: Qualification Statements that satisfy the minimum requirements will be scored as follows: • Experience of Respondent Firm 65 points • References 15 points • Letter of Introduction 10 points • Key Personnel 10 points The maximum total score possible is 100. To qualify for participation in the remainder of the selection process, a Qualifying Respondent must receive no less than 80 points. Qualifying Respondents will be invited to participate in the final selection process. The final selection process may include the submission of additional information and/or participation in an oral interview. (a) Experience: The Evaluation Team will consider the Proponent's organization and proposed project team past experience in undertaking similar services type, scope, budget and complexity. (b) Quality Control: The Evaluation Team will consider the Proponent's organization internal processes to implement and maintain high standards of quality control for the project. (c) Note: Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may consider other criteria that the team identifies as relevant during the evaluation process. The Evaluation Team may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one Proponent's Proposal to another Proponent's Proposal. All criteria considered will be applied evenly and fairly to all Proposals. Page 12 of 21 Forensic Audit Services—RFQ# 7.1 Litigation: In addition to any other provision of this RFQ, the City may, in its absolute discretion, reject a Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged directly or indirectly in a legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. In determining whether or not to reject a Proposal under this section, the City will consider whether the litigation is likely to affect the Proponent's ability to work with the City, its consultants and representatives and whether the City's experience with the Proponent indicates that there is a risk the City will incur increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent. 7.2 Additional Information: The Evaluation Team may, at its discretion, request clarifications or additional information from a Proponent with respect to any Proposal, and the Evaluation Team may make such requests to only selected Proponents. The Evaluation Team may consider such clarifications or additional information in evaluating a Proposal. 7.3 Interviews: The Evaluation Team may, at its discretion, invite some or all of the Proponents to appear before the Evaluation Team to provide clarifications of their Proposals. In such event, the Evaluation Team will be entitled to consider the answers received in evaluating Proposals. 7.4 Negotiation of Contract and Award: If the City selects a Preferred Proponent or Preferred Proponents, then it may: (a) Enter into a Contract with the most qualified Proponent(s); or (b) Enter into discussions with the most qualified Proponent(s) to clarify any outstanding issues and attempt to finalize the terms of the Contract(s), including financial terms. If discussions are successful, the City and the most qualified Proponent(s) will finalize the Contract(s); or (c) If at any time the City reasonably forms the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time, give the most qualified Proponent(s) written notice to terminate discussions, in which event the City may then either open discussions with the second most qualified Proponent or terminate this RFQ and retain or obtain the Services in some other manner. The City is under no obligation to accept any Proposal submitted. The City reserves the right in its sole discretion to waive informalities in, or reject any or all Proposals, or to accept any Proposal deemed most favorable in the interest of the City, or cancel the competition at any time without award. Thereafter, the City may issue a new Invitation / Request, sole source or do nothing. Page 13 of 21 Forensic Audit Services—RFQ# DRUG-FREE WORKPLACE AFFIDAVIT FLORIDA STATE STATUTE 287.087 Identical Tie Proposals: Preference shall be given to business with drug- free workplace programs. Whenever two or more Proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie Proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug- free workplace program, a business shall: a) 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. b) 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. 1) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 2) 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 Proposal, the employee will aProposale by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 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. 3) 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. Page 14 of 21 Forensic Audit Services—RFQ# DRUG-FREE WORKPLACE AFFIDAVIT (CONTINUED) FLORIDA STATE STATUTE 287.087 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. •- 4,- •• - , • • -• • '• 1 1- -uent I certify that this firm complies fully with the above requirements. Vendor's Signature FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE Page 15 of 21 Forensic Audit Services—RFQ# BIDDER INFORMATION FORM All information supplied in connection with this form is subject to review and verification. Any and all determinations concerning this information will be used to determine eligibility for participation in the award. Inaccurate or incomplete answers may result in your Bid being deemed as "Non-Responsive." business name? years (2) State of Florida occupational license type and number: (3) County (state county) occupational license type and number: (4) City of Opa Locka occupational license type and number: (A CITY OF OPA LOCKA OCCUPATIONAL LICENSE IS NOT NECESSARY UNLESS THE BUSINESS IS LOCATED WITHIN THE CITY OF OPA LOCKA) BIDDERS MUST INCLUDE A COPY OF EACH LICENSE LISTED WITH PROPOSAL (5) Describe experience providing these products and services for similar (government) organizations: (6) Have you ever had a contract terminated (either as a prime contractor or sub- contractor,) for failure to comply, breach, or default? yes no (IF YES, PLEASE ENCLOSE A DETAILED EXPLANATION ON SEPARATE SHEET) Page 16 of 21 Forensic Audit Services—RFQ# BIDDER'S DISCLOSURE OF SUBCONTRACTORS, SUBCONSULTANTS, AND SUPPLIERS Please list all Subcontractors, Subconsultants, and Suppliers to be used in connection with performance of the Contract. (Use additional pages, if necessary): Company Name: Address: City, State, &Zip Code: Company Name: Address: City, State, &Zip Code: Company Name: Address: City, State, &Zip Code: Page 17 of 21 Forensic Audit Services—RFQ# ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA } } SS: COUNTY OF BROWARD } , - . - : _ - °:, - ° alp : , :- :: - . - - :ortion of the sum herein bid will be paid to any employees of the City of Opa Locka, its elected officials, and or its design consultants, as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Title: Sworn and subscribed before this day of , 20 Notary Public, State of Florida (Printed Name) My commission expires: FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DEEM YOUR BID NON-RESPONSIVE Page 18 of 21 Forensic Audit Services—RFQ# CITY OF OPA-LOCKA NON-COLLUSION AFFIDAVIT A STATE OF FLORIDA-COUNTY OF MIAMI DADE being first duly sworn,deposes and says that: (1) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the PROPONENT that has submitted the attached proposal; (2) He/She/They is/are 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 PROPONENT 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 PROPONENT, 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 Proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any PROPONENT, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other PROPONENT, or to fix any overhead, profit, or cost elements of the Proposed Price or the Proposed Price of any other PROPONENT, 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 PROPONENT or any other of its agents,representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: By: Witness Signature Witness Print Name and Title Date Page 19 of 21 Forensic Audit Services—RFQ# NON-DISCRIMINATION AFFIDAVIT I, the undersigned, hereby duly sworn, depose and say that the organization, business or entity represented herein shall not discriminate against any person in its operations, activities or delivery of services under any agreement it enters into with the City of Opa Locka. The same shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any . . . . : •- _ : : : - - : - . :- : :as-: - -, . : , - - - •, e e , - , sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for service delivery. By: Title: Sworn and subscribed before this day of , 20 Notary Public, State of Florida (Printed Name) My commission expires: FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR BID NON-RESPONSIVE Page 20 of 21 Forensic Audit Services—RFQ# BUSINESSNENDOR PROFILE SURVEY Name of Business: Address: Phone No.: Contact Person (Regarding This Form): Type of Business (check the appropriate type): ❑ CONSTRUCTION SERVICES - Firms involved in the process of building, altering, repairing, improving or demolishing any structure, building or real property. ❑ ARCHITECTURE AND ENGINEERING (A&E) SERVICES - Firms involved in architectural design, engineering services, inspections and environmental consulting (materials and soil testing) and surveying. ❑ PROFESSIONAL SERVICES - Includes those services that require special licensing, educational degrees, and unusually highly specialized expertise. ❑ BUSINESS SERVICES - Involves any services that are labor intensive and not a construction related or professional service. ❑ COMMODITIES - Includes all tangible personal property services, including equipment, leases of equipment, printing, food, building materials, office supplies. A Small Disadvantaged Business Enterprise (SDBE) is defined as a small business concern that is at least fifty-one (51) percent beneficially owned and which is routinely managed by one or more of the following (Please identify your respective SDBE category): African-American Hispanic Asian-Indian American Asian-Pacific American Native American Any Woman not included among the aforementioned categories FAILURE TO COMPLETE AND RETURN THIS FORM MAY DEEM YOUR PROPOSAL NON-RESPONSIVE Page 21 of 21 Sponsored by:City Manager RESOLUTION NO. • A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, TO APPROVE AN"ADMINISTRATIVE FORECLOSURE PROGRAM" ON CERTAIN PROPERTIES IN THE CITY OF OPA- LOCKA WITH OUTSTANDING LIENS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka desires to create an Administrative Foreclosure Program;and WHEREAS,the City Commission of the City of Opa-locka desires to approve an Administrative Foreclosure Program whereby an administrative determination will be made with respect to whether or not certain properties are eligible for foreclosure, which shall include an analysis of whether or not the property has a homestead exemption, whether it is blighted, whether the property is an occupied residence, the amount of liens which have been recorded against the property, and WHEREAS, the City Commission wishes to authorize the City Manager in consultation with the City Attorney to initiate foreclosure on properties after consideration of the previously mentioned standards. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA,FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka, Florida hereby approves the creation of an Administrative Foreclosure Program on certain properties • with outstanding liens. Resolution No. Section 3. The City Commission authorizes the City Attorney to initiate litigation pursuant to the requirements outlined in this Resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2012. • MYRA TAYLOR MAYOR Attest to: Joanna Flores City Clerk Appro -d as to f a legal suffic- ,cy: i,,f/I6V .. 1( i Jo S. feller Atto/ ey Moved by: _ Seconded by: Commission Vote: Commissioner Holmes: Commissioner Miller: Commissioner Tydus: Vice-Mayor Johnson: Mayor Taylor: 9570372 vl 2