HomeMy WebLinkAbout08.C- Finance RESOLUTION (ID#2506) DOC ID: 2506
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
Request for Proposal
From: David Cain M/CC Meeting Date: 06/17/2013
Prepared by: Veronica Martinez, (909) 384-
5242
Dept: Finance Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and
Directing the City Manager to Issue a Request for Proposal (RFP) for Annual Financial Audit
Services (#2506)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: Request for bid only
Account Description:
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
-_ reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
<<Insert synopsis here>>
Background:
The California Government Code requires municipalities to have financial compliance audits
performed annually by an independent Auditor for the State of California. Municipal finance
departments are responsible for accurate financial reporting and timely presentation of financial
information to management and The Mayor and Common Council. Annual financial statements
are prepared, then audited by an independent auditor. 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.
In this request for proposal the City is requesting proposals from qualified certified public
accountant firms for annual audit services for the fiscal years ending June 30, 2013, 2014 and
2015. Proposals will only be accepted from parties that are free of all obligation and interests that
might conflict with the best interest of the City, and have the capacity to provide services on a
timely basis.
City Attorney Review:
Supporting Documents:
RFP F-14-04 Audit Services (Exhibit "A") (DOC)
reso 2506 (PDF)
Updated: 5/28/2013 by Georgeann"Gigi"Hanna Pa"c"ket Pg 8d3
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June , 2013
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SUBJECT: REQUEST FOR PROPOSALS (RFP) F-14-04
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The City of San Bernardino (City) invites Proposals from qualified vendors for: _
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PROFESSIONAL AUDITING SERVICES
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Parties interested in obtaining a complete copy of this RFP F-14-04 may do so by accessing the Q
I City of San Bernardino Web Page at www.sbcity.org > City Hall > Finance > Request for o
Bids, beginning June , 2013, or by faxing their request to (909) 384-5043, attention a
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Vanessa Sanchez. Please include the following information in your request: name and address
of firm; name, telephone and facsimile number of contact person; specify RFP F-14-04.
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{ Copies of the RFP may also be obtained by calling Vanessa Sanchez at (909) 384-5330 or in
person at City Hall, 300 N. "D" St., 4th floor Finance Department, San Bernardino, CA 92418.
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From the issuance date of this Request for Proposal until a Vendor is selected and the selection
is announced, Proposers are not permitted to communicate with any City staff or officials
regarding this procurement, other than during interviews, demonstrations, and/or site visits, W
except at the direction of Vanessa Sanchez, Accounting Assistant, the designated
representative of the City of San Bernardino. Contact with anyone not designated will result in U
elimination from the bid process.
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Closing Date: Proposals must be submitted at or before 3:00 PM, PST, , 2013, at the
address listed above. Q
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Issuance of this RFP and/or receipt of Proposals do not commit the City to award a contract. vt
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Sincerely, U-
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Vanessa Sanchez a
Accounting Assistant E
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SECTION I.
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INSTRUCTIONS TO OFFEROR(S)
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City of San Bernardino, Finance Department
Purchasing Division
RFP F-14-04
Professional Audit Services
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Bid Documents to Be Returned
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❑ Title Page a
❑ Cover Letter/ Letter of Introduction
❑ Project Approach U-
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❑ Project Staffing
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❑ Vendor Qualifications and Project Experience
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❑ References
❑ Original Proposal vendor Form c
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❑ Three (3) copies of Proposal vendor Form
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❑ Original Firm & Fixed Fee Schedule in a separate SEALED envelop vendor Form =
j ❑ Authorized Binding Signature(s) w
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❑ Proof of Insurance
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Addendum Received (City Form) IV Forms
F-1 Non-Collusion Affidavit(City Form) IV Forms Q
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F-1 Listing of Proposed Subcontractor(City Form) iv Forms 1*
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❑ 120 Day Minimum Proposal Validity Statement �
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❑ va C
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Copy of Contractor License or other appropriate Licenses where applicable VI General
Specifications#35
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Offeror(s) are requested to submit this checklist completed with all bid documents. This list
may not be inclusive of all documents needed to submit your RFP.
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I. GENERAL INSTRUCTIONS TO OFFEROR(S)
A. Pre-Proposal Meeting
Not Applicable
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B. Examination of Proposal Documents
1. By submitting a proposal, the Offeror(s) represents that it has thoroughly
examined and become familiar with the items required under this RFP and '
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that it is capable of quality performance to achieve the City's objectives.
2. The City reserves the right to remove from its mailing list for future RFPs, for
an undetermined period of time, the name of any Offeror(s) for failure to u.
accept a contract, failure to respond to two (2) consecutive RFPs and/or
unsatisfactory performance. Please note that a "No Proposal' is considered a =
response. a
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C. Addenda ii
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Any City changes to the requirements will be made by written addendum to this
RFP. Any written addenda issued pertaining to this RFP shall be incorporated into 0
the terms and conditions of any resulting Purchase Order. The City will not be
bound to any modifications to or deviations from the requirements set forth in this :-
RFP as the result of oral instruction. Q
For automatic electronic notifications, please visit our website and sign-up for
e-Notify. w
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D. Clarifications
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1. Examination of Documents
Should an Offeror(s) require clarifications of this RFP, the Offeror(s) shall a
notify the City in writing in accordance with Section D.2 below. Should it be
found that the point in question is not clearly and fully set forth, the City will
issue a written addendum clarifying the matter which will be sent to all ti
persons who have requested the RFP. IL
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2. Submitting Requests
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a. All questions, clarifications or comments shall be put in writing and
must be received by the City no later than , 2013 and be
addressed as follows: Q
City of San Bernardino
300 North "D" Street
4th floor, Attn: Vanessa Sanchez
San Bernardino, CA 92418
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b. The exterior envelope or email Subject line of all requests for
clarifications, questions and comments must be clearly labeled, "Not
an Offer." The City is not responsible for failure to respond to a
request that has not been labeled as such. The City will also accept
questions sent by facsimile machines or email, however, all faxed or
emailed questions must be received by the City no later than 3:00
PM, PST, , 2013. Send facsimile transmissions to (909) y
384-5043, attention Vanessa Sanchez, and emails to
sanchez vaCcDsbcity.org .
C. Inquiries received after 3:00 PM 2013 will not be
accepted. Q
3. City Responses
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Responses from the City will be communicated in writing to all recipients of
this RFP, by a posting to our website, www.sbcit by the close of business
a , 2013.
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For automatic electronic notifications, please visit our Homepage and register ,0
for SB CONNECT. If you are not registered for SB CONNECT, you may view a
or download the Addendum at www.sbcity.org > City Hall > Finance >
Request for Bids. ..
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E. Submission of Proposals
1. Date and Time
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All Proposals are to be submitted to City of San Bernardino, Attention:
Vanessa Sanchez. Proposals received after 3:00 PM PST, , 2013, will w
be rejected by the City as non-responsive.
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2. Address
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Proposals shall be addressed as follows:
City of San Bernardino a
Finance Department o
Attention: Vanessa Sanchez
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300 N. "D" Street, 4th floor LL
San Bernardino, CA 92418. 0L
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Proposals may be delivered in person to the Purchasing Division, 4th floor of
the above address. E
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3. Identification of Proposals
Offeror(s) shall submit a SEALED proposal package consisting of:
a) one (1) signed original of Offeror Proposal and
b) three (3) copies also
c) one (1) original "Fee Schedule" in a separate SEALED envelope, N
identified as "Fee Schedule RFP F-14-04." v
The proposal package shall be addressed as shown above, bearing the (n
Offeror(s) name and address and clearly marked as follows:
"RFP F-14-04 Q
Professional Audit Services
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4. Acceptance of Proposals t°
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a) The City reserves the right to accept or reject any and all Proposals, or any
item or part thereof, or to waive any informalities or irregularities in proposals. _
b) The City reserves the right to withdraw this RFP at any time without prior a
notice and the City makes no representations that any contract will be 12
awarded to any Offeror(s) responding to this RFP. a
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c) The City reserves the right to postpone proposal opening for its own
convenience.
d) Faxed or emailed proposals will not be accepted. o
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F. Pre-Contractual Expenses
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Pre-contractual expenses are defined as expenses incurred by the Offeror(s) in:
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1. preparing its proposal in response to this RFP; w
2. submitting that proposal to City; N
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3. negotiating with City any matter related to this proposal; or
4. any other expenses incurred by the Offeror(s) prior to date of award, if any, of the
agreement. N
The City shall not, in any event, be liable for any pre-contractual expenses incurred Q
by Offeror(s) in the preparation of its proposal. Offeror(s) shall not include any such c
expenses as part of its proposal.
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G. Contract Award ,a
Issuance of this RFP and receipt of Proposals does not commit the City to award a
Purchase Order. The City reserves the right to postpone proposal opening for its E
own convenience, to accept or reject any or all Proposals received in response to U
this RFP, and to negotiate with other than the selected Offeror(s) should negotiations .2
with the selected Offeror(s) be terminated. The City also reserves the right to Q
apportion the award among two or more OFFEROR(S).
A signed Vendor (Contractor) / Consultant Service Agreement (VSA/CSA), along
with a pre-performance meeting, outlining additional terms and conditions relating to
performance, warranty, materials, goods, services, or other items as deemed
necessary by the City, may be required prior to the commencement of the job.
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H. Acceptance of Order
The successful Offeror(s) will be required to accept a Purchase Order in accordance
with and including as a part thereof the published Request for Proposals, and the
RFP documents including all requirements, conditions and specifications contained
therein, with no exceptions other than those specifically listed in the written purchase
order. N
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1. Business License
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The City's Business Ordinance requires that a Business doing business with the
City, obtain and maintain a valid City Business Registration Certificate during the a
terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking
any work under this Agreement.
J. Local Vendor Preference �-
The City of San Bernardino gives any formal or informal bid submitted by a local =
bidder a one percent (1%) credit for goods and materials, where labor and/or Q
installation is incidental; and a five percent (5%) credit on Contractual services, for ,o
comparison purposes with other bidders, as authorized in the San Bernardino a
Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively.
For the purposes of this section, "local bidders" shall be bidders for which the point o
of sale of the goods, materials, or services shall be within the City limits of San
Bernardino.
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SECTION II. v
Technical Specifications cn
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8.C.a
CITY OF SAN BERNARDINO
REQUEST FOR PROPOSAL (RFP) F-14-04
PROFESSIONAL AUDIT SERVICES
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NATURE OF SERVICES REQUIRED
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A. General `n
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The auditor should also be familiar with and prepared to advise City staff on how best to Q
implement both current and proposed GASB statements. In addition, the City requires on- �a
going, infrequent consulting services for financial issues that may occur throughout the year.
No additional charges are to be made by the selected audit firm for these financial c
consulting services.
B. Scope of Work to Be Performed a
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The audit examination should not include a detailed audit of all of the transactions recorded •-
in the accounts of the City, unless otherwise herein specified, but will be based on tests of a
accounting records and other supporting evidence for selected periods during the fiscal year W
under review sufficient to enable the contracting independent auditor to express an informed
written opinion on: LO
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1. The financial position of various funds of the City;
2. The propriety of accounting principles followed; Q
3. Compliance with applicable laws; and
4. The financial accountability of officers and employees. x
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Organizations to be Audited:
i. City of San Bernardino (the "City")
ii. Successor Agency of the City of San Bernardino
iii. San Bernardino Joint Powers Financing Authority (PFA)
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Additional Special Audits and Services o
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i. Financial and compliance audits required by Single Audit Act of 1996 LL
ii. Independent Audit's Report on Agreed-upon Procedures Applied to the U_
Appropriations Limit Schedule
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C. Auditing Standards to Be Followed
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To meet the requirements of this request for proposals, the audit shall be performed in
accordance with: ct
Generally accepted auditing standards as set forth by the American Institute of Certified
Public Accountants, the standards for financial audits set forth in the U.S. General
Accounting Office's Government Auditing Standards (1994), the provisions of the Single
Audit Act of 1996 and the provisions of U.S. Office of Management and Budget (OMB)
Circular A-133, Audits of State and Local Governments and Non-Profit Organizations.
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D. Reports to be issued
Following the completion of the audit of each fiscal year's financial statements, the auditor
shall issue:
1. A report on the fair presentation of the General Purpose Financial Statements in
conformity with generally accepted accounting principles. (50 copies) N
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2. Component Unit Financial Statements for the San Bernardino Successor Agency.
(25 copies)
3. Compliance reports and certification letters as required, such as the Proposition 111
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Appropriation Limit Compliance Report. (10 copies)
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4. Single Audit Act Required Reports for Federally Assisted Grant Programs. (25
copies)
a. A report on the internal control structure based on the auditor's
understanding of the control structure and assessment of control risk. Q
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b. A report on compliance with applicable laws and regulations.
c. An "in-relation-to" report on the schedule for federal financial assistance. a
d. A report on the internal control structure used in administering federal
financial assistance programs.
e. A report on compliance with specific requirements applicable to major federal o
financial assistance programs.
f. A report on compliance with specific requirements applicable to non-major
federal financial assistance programs. a
g. A report on compliance with general requirements for both major and non-
major federal financial assistance programs. (The report on compliance
shall include all material instances of noncompliance. All nonmaterial w
j instances of noncompliance shall be reported in a separate management
' letter, which shall be referred to in the report on compliance.)
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5. In the required reports on compliance and 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 a
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 material LL
weaknesses shall be identified as such in the report. Non-reportable conditions 0.
discovered by the auditor shall be reported in a separate letter to management.
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E. Irregularities and Illegal Acts E
Auditor's 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: a
■ The City Council of the City of San Bernardino;
■ The City Manager of the City of San Bernardino; and
■ The Director of Finance of the City of San Bernardino
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F. Reporting to the Director of Finance
Auditors shall assure themselves that the Director of Finance is informed of each of the
following:
1. The auditor's responsibility under generally accepted auditing standards.
2. Significant accounting policies. N
3. Management judgments and accounting estimates. v
4. Significant audit adjustments.
5. Other information in documents containing audited financial statements. in
6. Disagreements with management.
7. Management consultation with other accountants. Q
8. Major issues with management prior to retention.
9. Difficulties encountered in performing the audit.
10. Errors, irregularities, and illegal acts.
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G. Special Considerations f°
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1. The City has determined that the United States Department of Housing and Urban a
Development will function as the cognizant agency in accordance with the provisions of the
Single Audit Act of 1996 and U.S. Office of Management and Budget (OMB) Circular A-133, a
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Audits of State and Local Governments and Non-Profit Organizations. The schedule of
expenditures of federal award and related auditor's report, as well as the reports on the `"
internal controls and compliance are not to be included in the comprehensive annual o
financial report, but are to be issued separately. The auditor's will be responsible for the
preparation and duplication of 25 copies of this report.
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2. The schedule of federal financial assistance and related auditor's report, as well as the
reports on the internal controls and compliance are to be issued as part of the CAFR. x
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H. 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
three (3) years (or the retention timeframe established by professional standards, whichever
is longer), unless the City notifies the firm in writing that there is a need to extend the
retention period. The auditor will be required to make working papers available, upon a
request, to the following parties or their designees: o
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City of San Bernardino; LL
U.S. Department of Housing and Urban Development; LL
U.S. General Accounting Office;
Parties designated by the Federal or State governments or by the City as part of an
audit quality review process; E
Auditors of entities of which the City of San Bernardino is a component unit; and
Auditors of entities of which the City is a sub recipient of grant funds. a
In addition, the firm shall respond to the reasonable inquiries of successor auditor's and
allow successor auditor's to review working papers relating to matters of continuing
accounting significance.
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DESCRIPTION OF THE GOVERNMENT
A. Background Information
City Profile
The City of San Bernardino encompasses 59.3 square miles, with a diverse population of N
204,500 residents, and is located about 60 miles east of Los Angeles, 120 miles northeast U
of metropolitan San Diego, and 55 miles northwest of Palm Springs. The City was
incorporated in 1854 as a Charter City and is governed under the Mayor/Council/City in
Manager form of government. The City is a full-service city, including fire, police, library,
community services (encompassing parks and recreation, engineering, streets, solid waste Q
management, fleet, property management, and maintenance), water and wastewater
utilities, planning, building, economic development and administrative functions. The City _
has an annual budget of$216 million. The City's team of 942 full-time employees with =
selected part-time positions work in seven departments: Administration; Community
Development; Successor Agency to the Redevelopment Agency; Parks; Finance; Human
Resources; Public Works; Fire, and Police.
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The City provides a full range of services for its citizens, including police services, parks and
recreation programs, planning and development, and street maintenance and lighting. It
also operates through a water board both water, sewer.
The City's fiscal year begins on July 1 and ends on June 30. The Council meets on the first io
and third Monday of each month. For fiscal year 2012-13, the City has adopted a budget of
approximately $216 million.
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More detailed information on the government and its finances can be found in budget
documents, official statements, and annual financial reports. These documents are x
available online. w
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B. Fund Structure
The City uses the following fund types and account groups in its financial reporting: U)
Fund Type/Account Group Number of Funds Number with a
Annual Budgets c
General Fund 1 1
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Special Revenue Funds 6 6 a
Debt Service Funds 2 2 LL
Capital Projects Funds 8 8
Enterprise Funds 1 1 w
Internal Service Funds 8 8 F
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Agency Funds 2 2
Assessment Districts 1 1 a
C. Budgetary Basis of Accounting
The City prepares its budgets on a basis consistent with generally accepted accounting
principles. The modified accrual basis of accounting is employed in the preparation of the
budget. At fiscal year-end, budget appropriations lapse. Capital projects are budgeted on
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an annual basis. Incomplete project appropriations may be carried over as a continuing
appropriation in the following fiscal year.
D. Federal and State Financial Assistance
During fiscal year 2012-13, the City received the following financial assistance and expects
to receive financial assistance from similar programs in fiscal year 2013-14: y
• State & Community Highway Safety Programs
• Asset Forfeiture Funds
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• Community Development Block Grant
• Local Law Enforcement Block Grant
• Public Safety Partnership & Community Policing Grant Q
• Juvenile Justice & Delinquency Prevention Grant
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E. Pension Plans U_
The City participates in the Public Employees' Retirement System of the State of California
(CalPERS). Q
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F. Component Units
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The City is defined, for financial reporting purposes, in conformity with the Governmental
Accepting Standards Board's Codification Governmental Accounting and Financial o
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Reporting Standards, Section 2100. Using these criteria, component units are included in
the City's financial statements. �.
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The management of the City identified the following component units (with fiscal year ending
June 30)for inclusion in the City's financial statements:
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1. City of San Bernardino Successor Agency to the Redevelopment Agency
2. San Bernardino Joint Powers Financing Authority
These component units are to be audited as part of the audit of the City's financial cn
statements. The contact person and record location is the same as the primary unit.
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G. Magnitude of Finance Operations c
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The Finance Department is managed by Urban Futures, Independent Contractor, and
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consists of 16 full and part-time employees. The principal functions performed and the LL
number of employees assigned to each is as follows:
Function Number of
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Employees
Administration/Supervision 1 w
Accounting Services 7 a
Accounts Payable 2
Payroll 2
Purchasing 2
Budget Officer 2
Total 16
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H. Computer Systems
1. Hardware
Personal computers running Windows operating system running on a LAN (local
area network) provide terminal access to the main computer as well as local
software such as Word, Excel, and Access.
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2. Software
The City's Financial Management Information System (New World) encompasses
the applications for the financial modules (GL, AP, Purchasing, AR, Fixed Assets vn
and Cash Receipts). Harris is utilized for payroll.
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TIME REQUIREMENTS
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A. City's Fiscal Year End Calendar c
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The fiscal year ends June 30 each year. The accounting ledgers remain open until August
1, each year to record revenue and accounts payable accruals. Further year-end
adjustments, accruals, and corrections are recorded during the month of August. The a
general ledger is finalized during the last week of September and is then available for audit 2
the first week of October.
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B. Date Final Report is Due _.
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The auditor shall provide all recommendations, revisions, and suggestions for improvements
to the CAFR to the Director of Finance by December 1 of each year.
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The auditor shall prepare draft financial statements, notes, and all required supplementary
schedules by November 15 of each year for both the CAFR and Successor Agency Report. x
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The Director of Finance and staff will complete their review of the draft report as
expeditiously as possible. It is not expected that this process should exceed one week.
During that period, the auditor should be available for any meetings that may be necessary
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to discuss the audit reports. Once all issues of discussion are resolved, the final signed N
report shall be printed, collated and all copies delivered to the City within seven (7) working
days. It is anticipated that this process will be completed and the final reports printed and a
delivered to the City by no later than December 31 of each year. o
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ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION ti
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A. Finance Department and Clerical Assistance
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1. The Finance Department staff and responsible management personnel will be E
available during the audit to assist the firm by providing information, documentation,
and explanations. Q
2. The preparation of confirmations will be the responsibility of the City of San
Bernardino.
3. Finance staff will update the statistical data section and provide clean copies or
Excel files.
4. Finance staff will prepare the CAFR transmittal and Management's Discussion and
Analysis (MD &A) letters.
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B. Work Area, Telephone, and Office Equipment
The City will provide the auditor with reasonable workspace, desks, and chairs. The auditor
will also be provided with access to a telephone, photocopying, FAX machines, etc.
C. Report Preparation
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1. Comprehensive Annual Financial Report
Report preparation, printing, and binding shall be the responsibility of the auditor. n
Report editing, audit letters, and completeness shall be the responsibility of the
auditor. 3
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2. Other Reports
Report preparation, printing, and binding shall be the responsibility of the auditor. _
Report editing, audit letters, and completeness shall be the responsibility of the U-
j auditor. �
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PROPOSAL REQUIREMENTS Q
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A. General Requirements �a
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j The following material is required to be received by 2013 at 3:00 p.m., for a
proposing firm to be considered: o
1. A master copy (so marked) of a technical proposal and three (3) copies to include the
following: Q
a. Title Page showing the request for proposals subject; the firm's name; the name, X
address, and telephone number of the contact person; the date of the proposal; and w
request for proposal's number.
b. Table of Contents.
c. Signed Transmittal Letter briefly stating the vendor's understanding of the work to be
done, the commitment to perform the work within the time period, a statement why N
the firm believes itself to be best qualified to perform the engagement and a
statement that the proposal is a firm and irrevocable offer for sixty (60) days. a
d. Detailed Proposal following the order set forth in Section VI B of this request for c
proposals.
e. Executed copy of Vendor Warranties & Certifications attached to this request for u.
proposal in Appendix A. LL
2. The vendor shall submit an original and three (3) copies of a Sealed Dollar Cost Bid in a c
separate sealed envelope marked as follows: E
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SEALED DOLLAR COST BID PROPOSAL
CITY OF SAN BERNARDINO FOR a
PROFESSIONAL AUDITING SERVICES
RFP F-14-04
, 2013
3. Vendors should send the completed proposal including the two separate envelopes to
the following address.
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8.C.a
City of San Bernardino
300 North °D" Street
4th Floor, Attn: Vanessa Sanchez
San Bernardino, CA 92418
B. Technical Proposal
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1. General Requirements
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The purpose of the Technical Proposal is to demonstrate the qualifications, cn
competence, and capacity of the firm seeking to undertake an independent audit of the
City in conformity with the requirements of this request for proposals. As such, the Q
substance of proposals will carry more weight than the form or manner of presentation.
The Technical Proposal should demonstrate the qualifications of the firm and of the U
particular staff to be assigned to this engagement. It should also specify an audit
approach that will meet the request for proposal requirements. i-
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THERE SHOULD BE NO DOLLAR UNITS OR TOTAL COSTS INCLUDED IN THE _
TECHNICAL PROPOSAL DOCUMENT. a
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The Technical Proposal should address all points outlined in the request for proposals a
(excluding any cost information which should only be included in the Sealed Dollar X
Cost Bid). The proposal should be prepared simply and economically, providing a
straightforward, concise description of the vendor's capabilities to satisfy the o
requirements of this request for proposals. While additional data may be presented,
the following subjects, items numbered 2 through 9 must be included. They represent :-
the criteria against which the proposal will be evaluated. Q
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2. Independence
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The firm should provide an affirmative statement that it is independent of the City as
defined by [generally accepted auditing standards/the U. S. General Accepting Office's
Government Auditing Standards (1994)].
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The firm should also provide an affirmative statement that it is independent of all
component units of the City as defined by those same standards. Q
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The firm should also list and describe the firm's professional relationships involving the
City or any of its component units or oversight units for the past five (5) years, together u_
with a statement explaining why such relationships do not constitute a conflict of 0.
interest relative to performing the proposed audit.
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In addition, the firm shall give the City written notice of any professional relationships E
entered into during the period of this agreement.
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3. License to Practice in California Q
An affirmative statement should be included verifying the firm and all assigned key
professional staff are properly licensed to practice in California.
4. Firm Qualifications and Experience
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The vendor should state the size of the firm and its governmental audit staff, the
location of the office from which the work on this engagement is to be performed, the
number and nature of the professional staff to be employed in this engagement on a
full-time basis, and the number and nature of the staff to be so employed on a part-
time basis.
The firm is also required to submit a copy of a report on its most recent external quality N
control review (peer review), with a statement whether that quality control review
included a review of specific government engagements.
The firm shall also provide information on the results of any Federal or State desk
reviews or field reviews of its audits during the past five (5) years. In addition, the firm a
shall provide information on the circumstances and status of any disciplinary action
taken or pending against the firm during the past five (5) years with State regulatory
bodies or professional organizations. Also provide a description of any litigation
against your organization or local office. �-
The firm should provide a description of engagement team's experience in auditing
and reviewing financial statements receiving the GFOA and CSMFO awards. Q
Provide a list of current and former municipal audit clients in the Southern California a
area indicating reference, type(s) of services performed, dates, and length of service
for each.
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3 Provide a description of the management letter usually issued. FSL
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Describe the engagement team's ability and experience in single audits of completing g .
governmental agencies.
5. Partner, Supervisory and Staff Qualifications, and Experience w
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Identify the principal supervisory and management staff, including engagement
partners, managers, other supervisors and specialists who would be assigned to this
engagement. Indicate whether each such person is registered or licensed to practice
as a certified public accountant in California. Provide information on the government
auditing experience of each person, including information on relevant continuing Q
professional education for the past three (3) years and membership in professional o
organizations relevant to the performance of this audit.
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Provide as much information as possible regarding the number, qualifications, a.
experience and training, including relevant continuing professional education of the
specific staff to be assigned to this engagement. Indicate how the quality of staff over
the term of the agreement will be assured. E
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The vendor should identify the extent to which staff to be assigned to the audit reflect ;a
the City's commitment to Affirmative Action. a
Engagement partners, managers, other supervisory staff, and specialists may be
changed if those personnel leave the firm, are promoted, or are assigned to another
office. These personnel may also be changed for other reasons with the express prior
written permission of the City. However, in either case, the City retains the right to
approve or reject replacements.
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Consultants and firm specialists mentioned in response to this request for proposals
can only be changed with the express prior written permission of the City, which
retains the right to approve or reject replacements.
Other audit personnel may be changed at the discretion of the vendor provided that
replacements have substantially the same or better qualifications or experience.
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6. Similar Engagements with Other Government Entities
For the firm's office that will be assigned responsibility for the audit, list the most
significant engagements (maximum - 5) performed in the last five (5) years that are Q
similar to the engagement described in this request for proposals.
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These engagements should be ranked on the basis of total staff hours. Indicate the
scope of work, date, engagement partners, total hours, and the name and telephone U-
number of the principal client contact.
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7. Specific Audit Approach Q
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The proposal should set forth a work plan, including an explanation of the audit n.
methodology to be followed, to perform the services required in Section II of this
request for proposals. In developing the work plan, reference should be made to such
sources of information as the City of San Bernardino's budget and related materials, o
organizational charts, manuals, programs, and financial and other management
information systems.
Vendors will be required to provide the following information on their audit approach:
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a. Proposed segmentation for the engagement; w_
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b. Level of staff and number of hours to be assigned to each proposed segment
of the engagement;
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NO DOLLARS SHOULD BE INCLUDED IN THE TECHNICAL PROPOSAL.
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c. Sample size and the extent to which statistical sampling is to be used in this c
engagement; c'
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d. Extent of use of EDP soft in this engagement; a-
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e. Type and extent of analytical procedures to be used in this engagement;
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f. Approach to be taken to gain and document an understanding of the City's
internal control structure; a
g. Approach to be taken in determining laws and regulations that will be subject to
audit test work; and
h. Approach to be taken in drawing audit samples for purposes of tests of
compliance.
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8. Identification of Anticipated Potential Audit Problems
The proposal should identify and describe any anticipated potential audit problems, the
firm's approach to resolving these problems, and any special assistance that will be
requested from the City. (May include, but not restricted to, GASB 34, etc.)
9. "Prepared by Clients" (PBC) List y
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The proposal shall include a list of standard client-prepared audit schedules the firm
anticipated City staff to provide. in
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C. Sealed Dollar Cost Bid a
1. Total All-Inclusive Maximum Price
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The Sealed Dollar Cost Bid should contain all pricing information relative to LL
performing the audit engagement as described in this request for proposals. The 3
total all-inclusive maximum price to be bid is to contain all direct and indirect costs,
including all out-of-pocket expenses. Q
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The City requests that the not-to-exceed fee be provided for all services requested a
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and proposed. The maximum annual fee will remain fixed for the three years
' covered by the audit engagement agreement.
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The City will not be responsible for expenses incurred in preparing and submitting
the Technical Proposal or the Sealed Dollar Cost Bid. Such costs should not be
included in the proposal. Q
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The first page of the Sealed Dollar Cost Bid should include the following information: x
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a. Name of firm.
b. Certification that the person signing the proposal is entitled to represent the firm, 2
empowered to submit the bid, and authorized to sign a contract with the City.
c. The audit proposal must include a cost breakdown, in the following format. The N
annual fee for the audit of each fiscal year 2012-2013, 2013-2014, and 2014-
2015 shall not exceed the following: a
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2012-2013 2013-2014 2014-2015
• City of San Bernardino Audit u-
• Successor Agency U_
• Single Audit Report
• Gann Limit Review L
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Independent Account's Agree-upon Procedures Applied To:
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• Appropriations Limit
2. Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for
each.
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The second page of the Sealed Dollar Cost Bid should include a schedule of
professional fees and expenses, presented in the format provided (Appendix B) that
supports the total all-inclusive maximum price. The cost of special services described
in Section II-G of this request for proposals should be disclosed as separate
components for the total all-inclusive maximum price.
3. Out-of-Pocket Expenses Included in the Total All-Inclusive Maximum Price and in
Reimbursement Rates Out-of-pocket expenses for firm personnel (e.g., travel, lodging
and subsistence) will be reimbursed at the rates used by the City for its employees. All
estimated out-of-pocket expenses to be reimbursed should be presented on the second in
page of the Sealed Dollar Cost Bid in the format provided (Appendix B). All expense
reimbursements will be charged against the total all-inclusive maximum price submitted Q
by the firm. In addition, a statement must be included in the Sealed Dollar Cost Bid
stating the firm will accept reimbursement for travel, lodging, and subsistence at the
prevailing City of San Bernardino rates for its employees. __
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4. Rates for Additional Professional Services
If it should become necessary for the City to request the auditor to render any a
additional services to either supplement the services requested in this request for ,0
proposals or to perform additional work as a result of the specific recommendations a
included in any report issued on this engagement, then such additional work shall be
performed only if set forth in an addendum to the contract between the City of San
Bernardino and the firm. Any such additional work agreed to between the City of San o
Bernardino and the firm shall be performed at the same rates set forth in the schedule
l of fees and expenses included in the Sealed Dollar Cost Bid.
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5. Manner of Payment
Progress payments will be made on the basis of hours of work completed during the w
course of this engagement and out-of-pocket expenses incurred in accordance with a
the firm's dollar cost bid proposal. Interim billing shall cover a period of not less than
one calendar month.
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VII. EVALUATION PROCEDURES
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A. Review of Proposals o
The City will review each proposal to ensure that it meets all mandatory elements as u.
described in Section VII C1. At this point, firms that fail to meet the minimum mandatory a.
elements will be eliminated from further consideration.
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The City will review and evaluate the technical elements including the expertise, experience E
and audit approach of each of the qualifying proposals. Then the City will select the
proposals that it considers will provide the best overall plan for auditing services to the City y
inclusive of the fee. At this point all other proposals will be eliminated from further a
consideration.
After the City has chosen the top proposals, the Sealed Dollar Cost Bid will be opened and
r the committee will make a final selection. Cost will not be the primary factor in the final
selection of an audit firm by the City. The City reserves the rights to retain all proposals
submitted and use any idea(s) in a proposal regardless of whether that proposal is selected.
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C. Evaluation Criteria
Proposals will be evaluated using three (3) sets of criteria. Firms meeting the mandatory
criteria will have their proposals evaluated for both technical qualifications and price. The
City intends to award the audit service contract to the firm it considers will provide the best
overall plan for services to the City, inclusive of the fee consideration. The following y
represent the principal criteria, which will be considered during the evaluation process. U
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1. Mandatory Elements
a. The audit firm is independent and licensed to practice in California.
b. The firm has no conflict of interest with regard to any of the work performed '
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by the firm for the City.
c. The firm adheres to the instructions in this request for proposals on preparing and
submitting the proposal.
d. The firm submits a copy of its last external quality control review report and the
firm has a record of quality audit work.
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2. Technical Quality a
a. Expertise and Experience 12
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(1) The firm's past experience and performance on comparable government
engagements.
(2) The quality of the firm's professional personnel to be assigned to the engagement and o
the quality of the firm's management support personnel to be available for technical
consultation.
(3) Responses about the level and quality of services provided to current and past clients. a
b. Audit Approach x
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(1) Adequacy of proposed staffing plan for various segments of the engagement.
(2) Adequacy of sampling techniques.
(3) Adequacy of analytical procedures. �'�,
3. Price
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COST WILL NOT BE THE PRIMARY FACTOR IN THE SELECTION OF AN AUDIT FIRM c
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D. Oral Presentations u.
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During the evaluation process, the City may, at its discretion, request any one or all
firms to make oral presentations. Such presentations will provide firms with an
opportunity to answer any questions the City may have on a firm's proposal. Not all E
firms may be asked to make such oral presentations.
E. Final Selection a
The City will select a firm based upon its evaluation, which will then be submitted to
the Mayor and Common Council for approval.
It is anticipated that a firm will be selected by 2013 with Mayor and
Common Council approval scheduled for 2013. Following notification
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8.C.a
of the firm selected, it is expected a contract will be executed between both parties
by , 2013.
VIII. CONDITIONS AND REQUIREMENTS
A. Right to Reject Proposals
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Submission of a proposal indicates acceptance by the firm of the conditions
contained in this request for proposals unless clearly and specifically noted in the
proposal submitted and confirmed in the contract between the City and the firm u)
selected. The City reserves the right with prejudice to reject any or all proposals.
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B. Questions related to RFP Process &Auditing Services
1. Inquiries concerning any technical questions regarding audit services should be directed
to David Cain, Urban Futures at (909) 384-5242. LL
2. Any vendors found to be soliciting or contacting other members of City staff,
officials or elected Council Members during this RFP process may be a
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automatically disqualified from any further consideration. ,0
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C. Right to Request Additional Information
During the evaluation process, City reserves the right, where it may serve the City's o
best interest, to request additional information or clarifications from vendors. At the
discretion of the City, vendors submitting proposals may be requested to make oral
presentations as part of the evaluation process. The City reserves the right to make Q
investigation of the qualifications of the vendor, as it deems appropriate.
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D. Right to Reject Any or All Proposals w
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The City reserves the right to reject any or all proposals, to waive technicalities or
j formalities, and to accept any proposal deemed to be in the best interest of the City.
Where two or more vendors are deemed equal, the City reserves the right to make U)
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the award to one of the two vendors.
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E. Contracts/Agreements o
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It is recognized that the formal basis of any agreement between the City and the u..
vendor is a contract rather than a proposal. In submitting proposals, vendors must a-
indicate that they are prepared to complete a City of San Bernardino Professional
Services Agreement, (See Appendix C). The proposal will become part of the
agreement between the City and the successful vendor. E
F. Proper Submission and Completeness of Proposals a
Receipt of complete proposal by the due dates as outlined in the PROPOSAL
SCHEDULE. Late submissions or delivery via facsimile will not be considered. Late
proposals will be returned to vendor unopened.
G. Contract Negotiations
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After a review of the proposals, and possible oral presentations, the City intends to
enter into contract negotiations with the selected vendor. These negotiations could
include all aspects of services and fees. If a contract is not finalized in a reasonable
period of time, the City will open negotiations with the next ranked vendor.
H. Execution of Contract
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If the selected vendor does not execute a contract with the City within ten (10)
business days after notification of selection, the City of San Bernardino may give
notice to that vendor of the City's intent to select from the remaining vendors or to in
call for new proposals, whichever the City deems appropriate.
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The selected vendor shall not commence the services covered by this Request for
Proposal until execution of the contract document, at which time the vendor shall
proceed with the implementation plan as provided and accepted by the City.
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1. Termination of Contract:
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The contract may be terminated, prior to the expiration of its term, only in the a
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following manner: ,°
1. By the written mutual agreement of both parties; or a
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2. Immediate termination by the City for violation of any provision of the RFP or
Professional Services Agreement; or
3. By the vendor, with or without cause, upon 60 days written notice to the City; or io
4. By the City, with or without cause, upon 30 days written notice to the vendor.
J. Personnel Q
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Engagement partners, managers, other supervisory staff and specialists may be X
changed if these personnel leave the vendor, are promoted or are assigned to w
another office. The personnel may also be changed for other reasons with the
express prior written permission of the City. However, in either case, the City retains
the right to approve or reject replacements.
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Vendor specialists identified in response to the proposal can only be changed with
the express prior written permission of the City, which retains the right to approve or a
reject replacements. Other staff personnel may be changed at the discretion of the c
vendor provided that replacements have substantially the same or better r
qualifications or experience. u.
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K. Rights to Submitted Materials Ix
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All proposals, inquiries, responses, or correspondence related to or in reference to E
this RFP, and all reports, charts, displays, schedules, exhibits, and other
documentation submitted by the vendor will become the property of the City and a
matter of public record. B
The City reserves the right to use any ideas in a proposal regardless of whether that
proposal is selected. Submission of a proposal indicates acceptance by the vendor
of the conditions contained in the Request for Proposal, unless clearly and
specifically noted in the proposal submitted, and confirmed in the contract between
the City and the vendor selected.
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L. Proposal Changes or Revisions
The City reserves the right to amend, alter, or revoke this proposal in any manner at
any time. Any modifications, clarifications, additions or changes to this RFP by the
City will be sent to each vendor or individual to whom an RFP has been sent as an
addendum to the original RFP. Such changes become an integral part of the RFP N
for incorporation into any contract awarded pursuant to the RFP.
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M. License to Practice in California u°i
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An affirmative statement should be included indicating that the vendor and all a
assigned key professional staff are properly registered/licensed to practice in
California. _
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N. Insurance Requirements LL
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For the duration of the contract, the vendor must procure and maintain insurance
against loss of property. The cost of such insurance is the vendor's responsibility. Q
Detailed insurance requirements are listed in the Professional Services Agreement. 0
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O. Additional Services
The general service requirements describe the minimum work to be accomplished. o
Upon final selection of the vendor, the scope of service may be modified and refined
during negotiations with the City. c-
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P. Undue Influence
The vendor declares and warrants that no undue influence or pressure is used w
against or in concert with any officer, Council Member, or employee of the City in
connection with the award or terms of the Agreement that will be executed as a
5 result of this RFP, including any method of coercion, confidential financial CD
i arrangement, or financial inducement. No officer, Council Member, or employee of U)
the City will receive compensation, directly or indirectly, from the vendor, or from any
officer, employee, or agent of the vendor, in connection with the award of the a
Agreement or any work to be conducted as a result of this RFP. Violation of this
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Section shall be a material breach of the Agreement/Contract entitling the City to any
and all remedies by law or in equity. ii
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Q. Non-Discrimination
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The City maintains various policies related to contractual service providers. Among E
these is an anti-discrimination policy, which requires that our contractors not
discriminate in hiring on the basis of gender, race, religion, sexual orientation, or r
medical condition. Upon acceptance of a proposal, the City may request that the Q
selected vendor sign a statement affirming their compliance with this policy.
R. Right to Conduct Personal Interviews
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The City reserves the right to conduct personal interviews or require oral
presentations of any or all vendors prior to final selection.
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S.. of Service to Be Performed
By submitting a proposal, the vendor certifies that they have fully read and
understand the "Request for Proposal' and have full knowledge of the scope, nature,
quality, and quality of service to be performed.
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T. Proposal Preparation Costs v
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There is no express or implied obligation for the City to reimburse responding in
vendors for any expenses incurred in preparing proposals in response to this
request. a
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SECTION III.
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BID CONTENT AND FORMS c
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III. BID CONTENT AND FORMS
Proposer to enclose pages 17 & 18 (Annual Purchase Order) along with signed and dated
Firm & Fixed "Fee Schedule" (in a separate SEALED envelope.) See Section I. E.3.c.
Are there any other additional or incidental costs that will be required by your firm in order to N
meet the requirements of the Proposal Specifications? Yes / No (circle one). If you °;
answered "Yes", please provide detail of said additional costs:
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Please indicate any elements of the Proposal Specifications that cannot be met by your firm.
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Have you included in your proposal all informational items and forms as requested? Yes / Q
No (circle one). If you answered "No", please explain: °
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This offer shall remain firm for 120 days from RFP close date.
3 Terms and conditions as set forth in this RFP apply to this proposal.
Cash discount allowable % days; unless otherwise stated, payment terms are: x
Net thirty (30) days. w
In signing this proposal, Offeror(s) warrants that all certifications and documents requested U
herein are attached and properly completed and signed. N
From time to time, the City may issue one or more addenda to this RFP. Below, please
indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were Q
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received.
Verification of Addenda Received LL
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Addenda No: Received on:
Addenda No: Received on:
Addenda No: Received on: E
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FIRM NAME:
ADDRESS:
Phone: v^,
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Email:
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Authorized Signature:
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Print Name: c
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Title:
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IF SUBMITTING A"NO PROPOSAL", PLEASE STATE REASON (S) BELOW: a
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8.C.a
SUBCONTRACTOR'S LIST
As required by California State Law, the General Contractor bidding will hereinafter state the
subcontractor who will be the subcontractor on the job for each particular trade or
subdivision of the work in an amount in excess of one-half of one percent of the General
Contractor's total bid and will state the firm name and principal location of the mill, shop, or
office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more N
than one subcontractor for the same portion of work to be performed under the contract in
excess of one-half of one percent, he agrees that he is fully qualified to perform that portion
himself and that he shall perform that portion himself. in
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DIVISION OF NAME OF FIRM OR LOCATION
WORK OR TRADE CONTRACTOR CITY
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Print Name Signature of Bidder
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Company Name: N
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REJECTION OF BIDS °
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The undersigned agrees that the City of San Bernardino reserves the right to reject any or a
all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to U_
do seems to best serve the public interest.
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B.C.a
NON - COLLUSION AFFIDAVIT
TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO
In accordance with Title 23, United States Code, Section 112, the undersigned hereby
states, under penalty of perjury: y
That he/she has not, either directly or indirectly, entered into any agreement, participated in
any collusion, or otherwise taken action in restraint of free competitive proposal in in
connection with RFP F-14-04.
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s Business Name
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Business Address
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Signature of Offeror(s) X `L
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Place of Residence
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Subscribed and sworn before me this day of , 20— :-
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Notary Public in and for the County of State of California.
My commission expires 20 w
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I SECTION IV.
I GENERAL EVALUATION CRITERIA in
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8.C.a
IV. GENERAL EVALUATION CRITERIA
A. EVALUATION CRITERIA
1. Capabilities of Firm to Effectively Complete the Project Requirements - 35%
Depth of Offeror(s)'s understanding of, and ability to manage,City's requirements; ability N
to meet task deadlines; utility of suggested enhancements or technical innovations.
2. Qualifications of Firm/Related Experience -45% in
Experience in providing services similar to those requested herein; experience working Q
with public agencies; strength and stability of the firm; strength, stability, experience and
technical competence of subcontractors; assessment by client references; qualifications
of project staff; key personnel's level of involvement in performing related work; logic of
project organization; adequacy of labor commitment. U-
3. Reasonableness of Cost and Price - 10% _
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Reasonableness of the individual firm-fixed prices and competitiveness of quoted prices
with other proposals received; adequacy of the data in support of figures quoted; basis
on which prices are quoted. �
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4. Completeness of Response - 5%
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i Completeness of response in accordance with RFP instructions; exceptions to or -,
I deviations from the RFP requirements which the Offeror(s) cannot or will not a
accommodate; other relevant factors not considered elsewhere.
5. Local Vendor Preference - 5% w
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As approved in Executive Order 2003-01--Offeror(s)'s which posses a fixed office or
distribution point with at least one owner or employee located within the City of San
Bernardino, and possessing all valid and current permits, and licenses required to co
transact such business, including, but not limited to a City Business Registration
Certificate shall receive a five percent (5%) preference. [Unless contrary to Federal, a
State or Local Law (such as contracts for the construction of public works projects), or �
unless contrary to the requirements mandated by the funding source for such contractual r
services (such as the Federal Government or other source which requires award to the LL
lowest responsible Offeror(s.) a
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B. EVALUATION PROCEDURE
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All proposals received as specified will be evaluated by City staff in accordance with the U
above criteria. Additional sub-criteria beyond those listed may be considered by the
evaluators in applying the major criteria to the proposals. During the evaluation period, a
the City may require an on-site visit and/or tour of the Offeror(s)'s place of business.
OFFEROR(S) should be aware; however, that award may be made without vendor
visits, interviews, or further discussions.
Packet Pg. 834
8.C.a
C. AWARD
Depending on the dollar amounts of the offers received, City staff will either select the
vendor best meeting the above-specified criteria or submit to City Council, for
consideration and selection, the offer(s)judged by staff to be the most competitive.
The City reserves the right to withdraw this RFP at any time without prior notice and, N
furthermore, makes no representations that any contract(s) will be awarded to any
OFFEROR(S) responding to this RFP. The City expressly reserves the right to postpone
proposal opening for its own convenience, to waive any informality or irregularity in the un
proposals received, and to reject any and all proposals responding to this RFP without
indicating any reasons for such rejection. a
The City also reserves the right to award its total requirement among two or more
OFFEROR(S) as City staff may deem to be in its best Interests. In addition,
negotiations may or may not be conducted with OFFEROR(S); therefore, the proposal U_
submitted should contain the OFFEROR(S) most favorable terms and conditions, since
the selection and award may be made without discussion with any Offeror(s).
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D. TIE PROPOSALS
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If the final evaluation scores (after applying the local preference allowance) result in a tie
score, then the recommendation for award will be given to the local vendor.
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E. NOTIFICATION OF AWARD N
OFFEROR(S) who submit a proposal in response to this RFP shall be notified regarding a
the firm(s) who was awarded the agreement. Such notification shall be made within a �=
reasonable time after the date the agreement is awarded.
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RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER TO
3 ISSUE A REQUEST FOR PROPOSAL FOR ANNUAL FINANCIAL AUDIT
SERVICES.
4
5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized
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8 and directed to issue on behalf of said City a Request for Proposal for Annual Financial it
9 Audit Services,a copy of which is attached hereto as Exhibit"A."
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SECTION 2. The authorization granted hereunder shall expire and be void and of no 2
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further effect if the Request for Proposal Annual Financial Audit Services. LL
13 is not issued within sixty(60)days following the effective date of the Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ISSUE A REQUEST FOR PROPOSAL FOR ANNUAL FINANCIAL AUDIT
SERVICES.
3
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day of , 2013,by the following vote,to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ
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10 JENKINS 0
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VALDIVIA S
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14 KELLEY ,o
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15 JOHNSON
16 MCCAMMACK
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U Georgeann Hanna, City Clerk N
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20 The foregoing Resolution is hereby approved this day of ,2013.
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22 Patrick J. Morris,Mayor
City of San Bernardino
23
24 Approved as to form:
JAMES F. PENMAN,
25 City torney
26 By:
27
28
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8.C.a
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V. GENERAL SPECIFICATIONS
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1. Each proposal shall be in accordance with Request for Quotes (RFP) Number RFP F-
14-04. All specifications are minimum. Offeror(s) are expected to meet or exceed these
specifications as written. Offeror(s) shall attach to their proposal a complete detailed
itemization and explanation for each and every deviation or variation from the RFP
specifications and requirements. Conditional Proposals, or those that take exception to y
the RFP specifications and requirements, may be considered non-responsive and may
be rejected.
2. The City reserves the right to accept or reject any and all Proposals and to award a in
contract to the Offeror(s)whom best meets the City's requirements. This may include
waiver of minor irregularities or discrepancies, or nonconformity to specifications in 3
appropriate circumstances. Purchase shall be on a best buy basis after due
consideration of all relevant factors, including but not limited to, workmanship,
accessibility of parts and service, known evidence of manufacturer's responsibility and
record, durability and known operational record of product and suitability as well as U=
conformity to City needs and requirements. In all cases the best interest of the City shall
prevail in all contract awards. _
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3. The City of San Bernardino reserves the right to purchase more or less than the Q
quantities specified at unit prices proposal. ,o
4. Proposals shall be firm offers, subject to acceptance or rejection within 120 days a
minimum of the opening thereof. W
5. Regular dealer. No Offeror(s) shall be acceptable who is not a reputable manufacturer or
dealer of such items as submitted for proposal consideration. o
s. All materials, workmanship and finish entering into the construction of the equipment
must be of the best of these respective kinds and must conform to the character of the
equipment and the service for which it is intended to be used and shall be produced by Q
use of the current manufacturing processes. "Seconds", factory rejects, and substandard .�
goods are not acceptable.
7. Each Offeror(s) shall submit with their proposal a copy of the proposed product W
specifications, complete detailed drawings, and other descriptive matter in sufficient v,
detail to clearly describe the equipment, materials and parts offered.
8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for
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any and all claims made against the City of San Bernardino, or any of its officials or
agents for the use of any patented process, device or article forming a part of equipment a
or any item furnished under the contract. Q
s. Each Offeror(s) must state in their proposal the guaranteed delivery date of product c
and/or services in number of calendar days from the date of contract execution by the
City of San Bernardino, time is of the essence relative to this contract. Contractor shall LL
prosecute the work continuously and diligently and shall deliver the items at the earliest a.
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possible date following the award of the contract.
10. Each Offeror(s) shall list in their proposal all factory, manufacturer's and/or dealer's
warranty and/or guarantee coverage and shall submit such written documents E
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evidencing the same attached to the proposal.
11. Successful Offeror(s) (Contractor) shall furnish and deliver to the City complete
equipment as proposed and awarded, ready for installation and fully equipped as Q
detailed in these specifications.
12. Price shall be quoted F.O.B. San Bernardino (all transportation charges shall be fully
prepaid), and shall include all discounts. Proposal shall include California sales tax,
where applicable, (effective July 1, 2011) computed at the rate of 8%, this will normally
be shown as a separate line item on the price form.
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8.C.a
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13. City shall make payment within thirty(30) days after the complete delivery and
s acceptance of the specified items by the City of San Bernardino and receipt of the
Contractor's priced invoice.
14. All "standard equipment" is included in any proposal. OFFEROR(S)furnishing Proposals
under these specifications shall supply all items advertised as "standard" equipment
even if such items are not stipulated in the specifications, unless otherwise clearly
excepted in the proposal.
15. The items which the Offeror(s) proposes to furnish the City must comply in all respects
with the appropriate safety regulations of all regulatory commissions of the Federal
3 Government and the State of California, whether such safety features and/or items have cn
been specifically outlined in these specifications or not.
16. Contractor delivering equipment pursuant to this RFP specifications shall guarantee that '
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equipment meets specifications as set forth herein. If it is found that equipment
delivered does not meet requirements of these specifications the Contractor shall be
required to correct the same at their own expense. _
17. By submitting a proposal, each Offeror(s) agrees that in the event complete delivery is
not made within the time or times set forth pursuant to this specification, damage will be
sustained by the City, and that it is, and will be impractical and extremely difficult to,
ascertain the actual damage which the City will sustain in the event of and by reason of a
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such delay. °
18. In case the delivery of the items under this contract is delayed due to strikes, injunctions, a
government controls, or by reason of any cause or circumstance beyond the control of
the Contractor, the time for delivery may be extended (in the City's sole discretion) by a
number of days to be determined in each instance by mutual written agreement between o
the Contractor and the Purchasing Division of the City of San Bernardino. The City shall
not unreasonably refuse such extension. --
19. Contract. Each proposal shall be submitted and received with the understanding that Q
acceptance by the City of San Bernardino of proposal in response to this solicitation
shall constitute a contract between the Contractor and the City. This shall bind the
Contractor to furnish and deliver at the prices proposed and in complete accordance with w
all provisions of RFP F-14-04. In most cases the basis of award will be the City's
standard purchase order that may or may not incorporate this solicitation by reference.
20. Prohibited interest. No member, officer, or employee of the City or of any agency of the
City during his tenure or for one year thereafter shall have any interest, direct or indirect N
in this contract or the proceeds thereof. Furthermore, the parties hereto covenant and
agree that to their knowledge no board member, officer or employee of the City has any Q
interest, whether contractual, non-contractual, financial or otherwise, in this transaction,
or in the business of the contracting party other than the City, and that if any such
interest comes to the knowledge of either party at any time, a full and complete LL
disclosure of all such information will be made in writing to the other party or parties, a-
even if such interest would not be considered a conflict of interest under Article
4(commencing with Section 1090) or Article 4.6 (commencing with Section 1120) of
Division 4 of Title I of the Government Code of the State of California. F
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8.C.a
21. One Document. These specifications, the Request for Proposal, RFP F-14-04 the
Contractor's proposal, any written agreement executed by the parties, the purchase
order and all documents referred to in the complete specifications and purchase order,
and all written modifications of said documents shall be construed together as one
document. Anything called for in any one of said documents shall be deemed to be
required equally as if called for in all. Anything necessary to complete the work properly
shall be performed by the contractor, whether specifically set out in the contract or not. N
All sections of the specifications shall be read as constituting a whole and not as an
aggregation of individual parts, and whatever is specified in one section shall be
construed as applying to all sections. in
22. The City of San Bernardino reserves the right to accept or reject any and all Proposals.
23. Prompt payment. Each Offeror(s) may stipulate in their proposal a percentage prompt a
payment discount to be taken by the City in the event the City makes payment to the
Contractor within ten (10)working days of receipt of material and approval of invoice.
For the purpose of this provision, payment is deemed to be made on the date of mailing
of the City check. NOTE: prompt payment discounts will only be used during u.
proposal evaluation in the case of ties.
24. Inquiries. Technical questions may be sent via fax to 909-384-5043, or email:
sanchez_va @sbcity.org. The answers to material questions will be provided in writing by Q
Addendum(s) to all potential Offeror(s) by a posting to the City's website. °
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25. Proposal/Fee Schedules. No proposal will be acceptable unless fees/prices are
submitted on the pricing forms furnished by the contractor hereie, and all required forms
are completed and included with proposal. Deliver all Proposals, SIGNED and SEALED,
to the Purchasing Division, Finance Department at 300 North "D" Street, 41h Floor, City N
Hall, San Bernardino, California 92418. CLEARLY MARK THE RFP SPECIFICATION ^
TITLE: Professional Audit Services and NUMBER RFP F-14-04 ON THE OUTSIDE a
OF THE ENVELOPE.
26. Time. All Proposals must be received in the Purchasing Division no later than 3:00 PM, 72
PST -, 2013, where at such time and said place Proposals will be publicly w
opened, examined and declared. Any proposal may be withdrawn by Offeror(s) prior to
the above scheduled time for the opening of Proposals. Any proposal received after that
time and date specified shall NOT be considered. ?
27. The City of San Bernardino reserves the right at its own discretion to award separate 0
contracts for each category, or to award multiple contracts, or to award one contract for
furnishing and delivering of all equipment and/or services in all categories. Q
28. Equipment. In the purchase of equipment, Contractor shall be required to furnish one (1)
OPERATORS MANUAL and one (1) PARTS MANUAL for all equipment proposal. °
29. In submitting a proposal to a public purchasing body, the Offeror(s) offers and agrees
that if the proposal is accepted, it will assign to the purchasing body all rights, title, and a
interest in and to all causes of action it may have under Section 4 of the Clayton Act U-
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(U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Q
goods, materials, or services by the Offeror(s)for sale to the purchasing body pursuant E
to the proposal. Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the Offeror(s). Q
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8.C.a
30. Contractor shall indemnify, defend and hold City, its officers, employees and agents
harmless from any claim, demand, liability, suit, judgment or expense (including, without
limitation, reasonable costs of defense) arising out of or related to Contractor's
performance of this agreement, except that such duty to indemnify, defend and hold
harmless shall not apply where injury to person or property is caused by City's willful
misconduct or sole negligence. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this Agreement on behalf of the City shall be
considered as "attorney's fees"for the purposes of this paragraph.
31. While not restricting or limiting the foregoing, during the term of this Agreement,
Contractor shall maintain in effect policies of comprehensive public, general, and in
automobile liability insurance, in the amount of$1,000,000 combined single limit, and
statutory worker's compensation coverage, and shall file copies of said policies with the
City's Risk Division prior to undertaking any work under this Agreement. The policies
shall name the City as an additional insured and shall provide for ten- (10) day
notification to the City if said policies are terminated or materially altered. _
FAITHFUL CCRC/IRPAAA ` $ AL.* .- ...J Th- (`.+.-.+.-ie.�...+...-..,711 U_
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most recent insurance guide of"A" or better.
33. Written contract documents, duly authorized and signed by the appropriate authority,
constitute the complete and entire agreement(s) that may result from the RFP. o
34. City may, at its discretion, exercise option year renewals for up to 3 years, in one-year N
increments.
35. By submitting a proposal, Offeror(s) warrants that any and all licenses and/or a
certifications required by law, statute, code or ordinance in performing under the scope �=
and specifications of this RFP are currently held by Offeror(s), and are valid and in full
force and effect. Copies or legitimate proof of such licensure and/or certification shall be w
included in Offeror(s)'s response. Proposals lacking copies and/or proof of said d
licenses and/or certifications may be deemed non-responsive and may be 2
rejected. L
35. Once the award has been made and prior to the commencement of the job, the City's N
Municipal Code (M.C. 5.04.005) requires that a Business doing business with the City,
obtain and maintain a valid City Business Registration Certificate during the term of the Q
Agreement. o
36. Vendor(Contractor)/ Consultant services agreement(s) (VSA/CSA). A signed
vendor/Consultant service agreement may be required between both parties prior to li
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commencement of the job.
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