ESBD_412939_1745341959289_RFQ Auditing Services 2024-2025-005 4.21.2025.pdf

CITY OF WINDCREST

LEGAL COMPLIANCE REVIEW AND AUDITING SERVICES

REQUEST FOR QUALIFICATIONS (RFQ) 24-25-005

I. INTRODUCTION

General Information

The City of Windcrest, Texas is soliciting proposals from qualified and experienced firms (“Respondent”) whose principal officers are experienced in factual investigations, financial auditing and legal compliance determinations. The objectives are to perform a legal compliance review and financial audit of certain City employees, officials, departments and outside contractors/vendors, and to perform other related services as stated within this Request for Qualifications (RFQ).

One (1) copy of the RFQ may be obtained on or after Tuesday, April 22, 2025, by contacting Natalia Witmer, Municipal Finance Officer, at the City Hall Office, 8601 Midcrown Drive, Windcrest, Texas 78239 or by calling (210) 655-0022 ext. (2820). Any inquiries concerning the RFQ should be addressed to the same.

Sealed proposals must be labeled with “Professional Legal Compliance Review and Auditing Services” on the outside of the envelope and mailed or hand delivered to the attention of Natalia Witmer at 8601 Midcrown Drive, Windcrest, Texas 78239, no later than 10:00 a.m., Tuesday, May 13, 2025, at which time and place proposals will be publicly opened and read. Late proposals will be rejected and will be returned unopened.

Faxed proposals will not be accepted.

This RFQ represents a competitive process, which is designed to facilitate an open and fair opportunity for qualified firms to offer their services for consideration. This competitive RFQ process will provide the City with the flexibility to select the Respondent whose proposal is deemed most advantageous for the City based on demonstrated competence and qualifications to perform the services and to negotiate with such Respondent to arrive at a mutually agreeable contract at a fair and reasonable price.

The purpose of this RFQ is to establish parameters within which the Respondent is to provide Legal Compliance Review and Audit Services within a defined scope of work.

The City reserves the right to accept or reject any and/or all Proposals, to re-solicit for proposals, waive minor technicalities or proceed otherwise as it shall deem to be in the City’s best interests. Receipt and consideration of any Proposal(s) shall, under no circumstance, obligate the City to accept any proposal(s).

Conflict of Interest. A person or business, and their agents, who seek to contract or enter into an agreement with the City, are required by Texas Local Government Code, Chapter 176, to file a conflict-of-interest questionnaire (FORM CIQ).

Certificate of Interested Parties (1295 Form). A person or business, and their agents, who seek to contract or enter into an agreement with the City, are required by Texas Local Government Code Chapter 2252, Subtitle F, Title 10, Section 2252.908, to file a disclosure of interested parties with the Texas Ethics Commission (https://www.ethics.state.tx.us/whatsnew/elf info form 1295.htm)

Prohibition on Boycott of Israel. In the event Respondent is a company with ten (10) or more full-time employees, and the contract value is $100,000 or more for goods or services, then by submission of a response to this RFQ, the Respondent verifies that it: 1) Does not boycott Israel; and 2) Will not boycott Israel during the term of any resultant contract.

Prohibition on Boycott of Energy Companies. In the event Respondent is a company of 10 or more full-time employees, and the contract value is $100,000 or more for goods or services, then by submission of a response to this RFQ, Respondent verifies that it: 1) Does not boycott energy companies; and 2) Will not boycott energy companies during the term of any resultant contract.

Prohibition on Discrimination Against Firearm and Ammunition Industries. In the event the Respondent is a company of 10 or more full-time employees, and the contract value is $100,000 or more for goods or services, then by submission of a response to this RFQ, Respondent verifies that it: 1) Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and 2) Will not discriminate during the term of any resultant Contract against a firearm entity or firearm trade association.

Comptroller’s List. In accordance with Chapter 2252 of the Texas Government Code, Respondent warrants and represents that its name is not included on the list maintained by the Texas State Comptroller of companies known to have contracts with or to provide supplies or services to a foreign terrorist organization unless the United States government has excluded the company from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanction relating to a foreign terrorist organization.

https://www.ethics.state.tx.us/whatsnew/elf%20info%20form%201295.htm

II. NATURE OF SERVICES REQUIRED

Scope of Work to be Performed

The Respondent shall perform a compliance review with a financial audit component covering approximately a two (2) year period.

Specifically, a series of events occurred within the designated time period which centered around services the City specifically contracted to obtain. Public controversy occurred around the services. The series of events overlapped with City policy formation, City procurement practices, human resource issues involving department heads, and criminal and administrative investigations.

This legal compliance review and audit will include a review of specific issues to be identified by the City and relative to specific City employees, officials, departments and outside vendors associated with the above-mentioned series of events. Respondent shall confirm and prepare factual reports and timelines regarding the issues to be identified by the City and involving the interaction between the City, certain employees and officials, as well as outside vendors. Largely, the factual report and timeline will center around such issues as the proper policies for City employees to follow, did they follow them, whether actions by employees or vendors violated policy or a law, and what recommendations can be made for efficiency or better compliance. The Respondent shall also perform certain forensic accounting services in order to confirm the expenditure of city resources over time as well as factual determinations related to the City’s procurement processes and decisions. In relation to the compliance review and audit, the Respondent shall review applicable laws, policies, procedures and practices applicable to the City, and make determinations regarding compliance with same by the City employees, officials, departments and vendors to be identified by the City. To the extent necessary, the Respondent shall make recommendations to the City designed to fix and prevent any identified compliance issues.

Reports to be Issued

Following completion of the Respondent’s legal compliance review and audit, Respondent shall deliver, as appropriate, the following:

1) A report of factual findings related to issues, persons, and entities identified for review by the City, to include a certain forensic financial audit related to City resources.

2) 2) A report on involved City official, employee, department and vendor compliance with applicable laws, regulations, policies and procedures.

3) A report on recommended actions, policy changes, and/or corrective measures to be taken by the City in response to any legal or policy compliance issues found by Respondent.

Working Papers

All working papers and reports must be retained, at the Respondent’s expense, for a period of at least five (5) years after the fiscal year end. The Respondent shall make available all original working papers for examination by authorized representatives of Federal and State agencies, the City’s City Manager and Municipal Finance Officer, and any other entity to which access has been granted in writing by the City’s City Manager or Municipal Finance Officer. 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 financial significance. As requests for copies of working papers are fulfilled, the selected Firm will be required to notify the City’s City Manager or Municipal Finance Officer of the request, as appropriate.

Errors or Omissions

The Respondent shall not be allowed to take advantage of any errors or omissions in this RFQ. Where errors or omissions appear in this RFQ, the Respondent shall promptly notify the designated contact person in writing of such error or omission it discovers. Any significant errors, omissions or inconsistencies in this RFQ are to be reported no later than ten (10) days before the RFQ response is to be submitted.

Withdrawal Of Proposals

A representative of a Respondent may withdraw a proposal at any time prior to the RFQ submission deadline, upon presentation of acceptable identification as a representative of such Respondent

Costs Incurred in Responding

All costs directly or indirectly related to preparation of a response to the RFQ or any oral presentation required to supplement and/or clarify a proposal which may be required by the City shall be the sole responsibility of and shall be borne by the participating Respondents.

Non-Endorsement

If a proposal is recommended for award or awarded, the successful Respondent shall not issue any news releases or other statements that state or imply the City endorses the successful Respondent’s services.

Proprietary Information

Information submitted to the City in connection with an RFQ is generally considered to be public once a contract has been awarded and executed. If a Respondent wishes to seek protection for any submitted information, the Respondent is required to identify all purported proprietary information in the Proposal by individually marking each page on which such information appears with the words "Proprietary Information." Respondents may not mark their entire Proposals as proprietary. If a Respondent fails to identify proprietary information, it agrees that by submitting its Proposal all unmarked sections shall be deemed non-proprietary and made available upon public request.

Respondents shall consider the implications of the Texas Public Information Act, particularly after the RFQ process has ceased and the agreement has been awarded. While there are provisions in the Texas Public Information Act to protect proprietary information where the Respondent can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met shall not be decided by the City but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City shall notify the Respondent pursuant to 552.305, Texas Government Code. An affected Respondent may then submit to the Attorney General the Firm’s arguments against disclosure. The City shall not make arguments to the Attorney General on the basis of a Respondent’s purported proprietary interests.

Disclosure Requirements

Respondent must disclose to the City any known or reasonably anticipated conflicts of interest regarding the Respondent providing services to the City and must also disclose any legal or disciplinary events that may be material to the City’s evaluation of the Respondent or the integrity of the Respondent’s management or advisory personnel.

III. DESCRIPTION OF THE GOVERNMENTAL ENTITY

Administration

Natalia Witmer. Natalia Witmer Interim City Manager Municipal Finance Officer 8601 Midcrown Drive, 8601 Midcrown Drive Windcrest, Texas 78239 Windcrest, Texas 78239

The Respondent’s principal contacts with the City of Windcrest will be the Interim City Manager, who will coordinate the assistance to be provided by the City of Windcrest to the Respondent.

General Background

The City of Windcrest is located in the northeast portion of Bexar County along IH-35.

The City is a home-rule city governed by a City Charter and the form of government is

Council-City Manager. The City has approximately 82 employees and a 2021/2022 budget of approximately $14 million. There are approximately 5300 residents in Windcrest. The City provides a full range of municipal services including police and fire protection, construction and maintenance of streets and infrastructure, planning and zoning, recreational activities, code compliance, public works and general administrative services. In addition, the City provides waste collection services. Waste collection is provided through an agreement with another agency.

IV. TIME REQUIREMENTS

Proposal Calendar

The following is a list of key dates up to and including the date proposals are due to be submitted and awarded:

Advertisements for RFQs Tuesday, April 24, 2025

Tuesday, April 29, 2025

Earliest Date RFQs are released Tuesday, April 22, 2025

Due date for proposals Tuesday, May 13, 2025

Projected Date of Award Monday, May 19, 2025

Date Compliance Review and Audit May Commence

The City of Windcrest will have all records ready for compliance review and all necessary management personnel available to meet with the Respondent’s personnel by April 25, 2025, or at the later date.

Exit Conference

An exit conference will be held with the Municipal Finance Officer, City Manager and Mayor at the completion of the compliance review. The purpose of this meeting will be to summarize the results of the field work and to review significant findings.

Date Final Reports are Due

The Respondent shall complete its factual findings and recommendations related to the legal compliance review and audit and then submit a draft copy of any requested reports to the City by Tuesday, July 1, 2025.

The City will complete its review of the draft reports as expeditiously as possible. It is not expected that this process should exceed one week. During that period, the Respondent shall be available for any meetings that may be necessary to discuss the reports. Once all the issues for discussion are resolved, the final signed report shall be delivered to the City within 15 working days. It is anticipated that this process will be completed and the final report will be delivered by Tuesday, July 15, 2025.

The original final report should be delivered to the City Manager, City of Windcrest, 8601 Midcrown Drive, Windcrest, Texas 78239.

VI. PROPOSAL REQUIREMENTS

RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED

IN THIS RFQ CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL

REQUIREMENTS AND QUESTIONS AS DIRECTED. FAILURE TO COMPLY

WITH ALL REQUIREMENTS MAY BE USED TO EXCLUDE A RESPONSE FROM

CONSIDERATION.

General Requirements

1. Inquiries concerning the request for qualifications and the subject of the request for qualifications must be made to:

Natalia Witmer Interim City Manager 8601 Midcrown Drive Windcrest, Texas 78239

Any inquiries concerning the request for proposals and the subject of the request for proposals must be made by Friday, May 2, 2025.

CONTACT WITH PERSONNEL OF THE CITY OF WINDCREST OTHER THAN

THE CITY MANAGER OR MUNICIPAL FINANCE OFFICER REGARDING THIS

REQUEST FOR QUALIFICATIONS MAY BE GROUNDS FOR ELIMINATION

FROM THE SELECTION PROCESS.

2. The following material is required to be received by the City for a Respondent to be considered:

• Cover Letter

• Executive Summary

• Table of Contents

• Firm Background and Prior Experience

• Scope and Legal Compliance and Audit Approach

• Other References

• Additional Data and Other Information

• Concluding Remarks

• Sealed Dollar Cost Proposal (submitted in separate envelope)

3. Proposing firms are to submit two (2) copies of their complete response to this

RFQ to the City.

Cover Letter

This section should contain the name of the proposed firm, the address of the proposing office, and contact persons authorized to answer technical, price, and/or contract questions together with their telephone number and mailing address. The cover letter must also be signed by a partner authorized to bind the company.

Executive Summary

Prefacing the proposal, an executive summary of five pages or less should be provided which gives in brief, concise terms a summation of your proposal. Identify the points that make your firm uniquely qualified for this engagement.

Table of Contents

The Table of Contents shall include an index of the proposal contents and attachments.

Firm Background and Prior Experience

Firm Qualifications and Experience. This section should state:

• The size of the firm,

• The size of the firm’s governmental compliance review and audit staff,

• The location of the office from which the work on this engagement is to be performed,

• The number of professional staff to be employed in this engagement on a full-time and part-time basis.

• The firm’s principal officers shall include attorneys, independent certified public accountants licensed to practice in Texas, and individuals skilled in human resources.

• The firm shall identify who will be assigned to the engagement.

• The firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three years with state regulatory bodies or professional organizations.

Similar Engagements with Other Government Entities.

For the firm’s that will be assigned responsibility for the compliance review and audit, list the most significant engagements (maximum of 5) performed in the last seven years that are similar to the engagement described in this request for qualifications. These engagements should be ranked on the basis of relativity to the current proposal. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact.

Scope and Compliance Review/Audit Approach

The proposal should set forth a work plan, including an explanation of the compliance review and audit methodology to be followed, to perform the services required in Section II of this RFQ.

Proposers will be required to provide the following information on their audit approach:

• Proposed segmentation of the engagement,

• Level of staff and number of hours to be assigned to each proposed segment of the engagement,

• Extent of use of software in the engagement,

• Type and extent of analytical procedures to be used in the engagement,

• Approach to be taken to gain and document an understanding of the City of

Windcrest’s internal policies and procedures,

• Approach to be taken in determining laws and regulations that will be applicable and subject to compliance review, Additional Data and Other Information

Since data not specifically requested must not be included in the foregoing proposal sections, give any additional information considered essential to the proposal in this section. If there is no additional information to present, state in this section. “There is no additional information we wish to present.”

Concluding Remarks

This section shall contain any final remarks or elaboration which the proposer believes is important for a clear understanding of the proposed services and/or the proposer’s capabilities.

Sealed Dollar Cost Proposal

The sealed dollar cost bid should contain all pricing information relative to performing the engagement as described in this request for qualifications. Such must also contain all direct and indirect costs including all out-of-pocket expenses for which reimbursement is sought.

The first page of the sealed dollar cost proposal should include the following information:

• Name of firm,

• Certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid and authorized to sign a contract with the City of Windcrest, Rates by Partner, Specialist, Supervisory and Staff Level Times Hours Anticipated for Each.

The second page of the sealed dollar cost bid should include a schedule of professional fees and expenses, presented in the format provided in the attachment (Appendix A)

Manner of Payment

Progress payments will be made on the basis of hours of work completed during the course of the engagement.

Out-Of-Pocket Expenses

Out-of-pocket expenses must be included and will count against the Total All-Inclusive Maximum Price. Reimbursements for Firm personnel (e.g., travel, lodging and subsistence) will be made at the rates used by the City for its employees. All estimated out-of-pocket expenses to be reimbursed should be presented in the Proposal Package for the 2024/25 fiscal year engagement. All expense reimbursements will be charged against the Total All- Inclusive Maximum Price submitted by the Firm.

Rates for Additional Professional Services

If it should become necessary for the City to request the Firm to render any additional services to either supplement the services requested in this RFQ or to perform additional work, any such additional work must be agreed to in writing between the City and the Firm and shall be performed at the same rates, set forth in the schedule of fees and expenses included in the Proposal Package.

Invoices for Fees

All invoices for fees, services, or costs shall be submitted with sufficient detail to demonstrate strict compliance with contract terms.

VII. EVALUATION PROCEDURES

Evaluation Committee

Proposals submitted will be evaluated by the City Manager, the Mayor, and the Audit Committee.

Evaluation Criteria

Proposals will be evaluated using the following criteria. Firms meeting the mandatory criteria will have their proposals evaluated for both qualifications and price. The following represents the principle selection criteria which will be considered during the evaluation process.

Mandatory Elements

• The firm is independent and licensed to practice in Texas, as applicable.

• The firm’s professional personnel.

• The firm’s knowledge and understanding of governmental accounting, governmental human resources, and governmental policy compliance,

• The firm has no conflict of interest with regard to any other work performed by the firm for the City.

• The firm adheres to the instructions in this request for proposals on preparing and submitting the proposals.

An award of a contract for professional services will be made under this RFQ in accordance with Texas Government Code Sec. 2254.003. Therefore, the contract award will not necessarily be made to the firm that provides the lowest cost proposal but rather to a firm on the basis of demonstrated competence and qualifications to perform the services, and for a fair and reasonable price.

Final Selection

The City Council of the City of Windcrest will select a firm based upon the analysis of the proposals.

It is anticipated that a firm will be selected on May 19, 2025. Following notification of the firm selected, it is expected a contract will be executed between both parties after an reasonable opportunity to negotiate the terms of same. In case of a discrepancy between this RFQ and the formal contract, the formal contract will prevail and control.

The City intends to select and enter into a formal contract with the selected Firm as soon as practicable after receipt of proposals. The contract will contain fiscal funding and other right to terminate clauses. If selected Firm is unable to agree to the contract terms, the City reserves the right to select another competing proposal.

Right to Reject Proposals

The City of Windcrest reserves the right to:

a. enter into agreements for all or any portion of the requirements and specifications set forth in this RFQ with one or more firm,

b. reject any and all proposals and re-solicit, or

c. reject any and all offers and temporarily or permanently abandon the procurement, if deemed to be in the best interests of the City.

Respondents who submit a proposal may be required to make an oral presentation(s) of their proposal to the City Council.

Negotiations may be conducted with responsible respondents who submit proposals determined to be reasonably susceptible of being selected for award. All respondents will be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals.

Revisions to proposals may be permitted after submission and before award for the purpose of obtaining best and final offers. Any oral negotiations must be confirmed in writing prior to award.

The City reserves the right to request clarification of information submitted, and to request additional information from any respondent. The City reserves the right to reject any and all proposals, and to waive minor irregularities in any proposal.

The City reserves the right to award the contract to other qualified respondents if the selected Respondent chosen does not execute a contract agreeable to the City within thirty (30) days after the award.

Respondent’s Acceptance of Evaluation Methodology

By submitting a proposal, the Respondent acknowledges its acceptance of (a) the proposal evaluation process, (b) the Criteria for Selection, (c) the Specifications, and (d) other requirements and specifications set forth in this RFQ. Respondents also acknowledge and accepts that the City of Windcrest may make some subjective judgments during this RFQ process.

VIII. INDEMNIFICATION AND INSURANCE

The Respondent will indemnify, hold harmless and defend the City and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional acts or omissions of the Respondent, its officers, employees or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission of the Audit Firm and/or its agents and/or employees. This obligation by Respondent will not be limited by reason of the specification of any particular insurance coverage in this Agreement.

The Respondent will procure and maintain at its expense insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by the Respondent or its agents, subcontractors or employees. Before commencing the work, the Respondent will furnish to the City a certificate or certificates in a form satisfactory to the City, showing that Respondent has complied with this paragraph. All certificates will provide that policies will not be canceled until at least 30 calendar days written notice has been given to the City.

Commercial general liability and motor vehicle insurance will be written with the City as an additional insured and will be endorsed to provide a waiver of the carrier’s right of subrogation against the City. The kinds and amounts of insurance required are as follows:

Workers’ Compensation Insurance: In accordance with the provisions of the Workers’ Compensation Act of the State of Texas.

Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability insurance in an amount not less than $250,000 for injuries to any one person, $500,000 on account of any one accident and in an amount of not less than $250,000 for property damage (3) professional liability coverage to cover lawful claims arising in connection with this Project in the combined single limit amount of at least $500,000.00.

The stated limits of insurance required by this Paragraph are minimum only--they do not limit the Respondent’s indemnity obligation, and it will be the Respondent’s responsibility to determine what limits are adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella limits. The City’s acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the Respondent from compliance with these requirements.

IX. EXECUTION OF OFFER

THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED AND

RETURNED WITH RESPONDENT’S PROPOSAL. FAILURE TO COMPLETE, SIGN

AND RETURN THIS EXECUTION OF OFFER WITH THE RESPONDENT’S

PROPOSAL MAY RESULT IN THE REJECTION OF THE PROPOSAL.

A. By signature hereon, Respondent represents and warrants that:

1. Audit firm acknowledges and agrees that (a) this RFQ is a solicitation for proposal and is not a contract or an offer to contract; (b) the submission of a proposal by Audit firm in response to this RFQ will not create a contract between the City of Windcrest and Audit firm; (c) the City of Windcrest has made no representation or warranty, written or oral, that one or more contracts with the City of Windcrest will be awarded under this RFQ;

2. Audit firms have the necessary experience, knowledge, abilities, skills, and resources to perform all the services as requested in this RFQ;

3. Audit firm is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;

4. Audit firm understands (a) the requirements and specifications set forth in this

RFQ and (b) the terms and conditions set forth in the Agreement under which Audit firm will be required to operate;

5. If selected by the City of Windcrest, Audit firm will: provide copies of all insurance policies, a Certificate of Insurance reflecting the insurance companies that are providing coverage and insurance limits for Commercial General Liability, Workers' Compensation, Professional Liability and Auto Liability, copies of all applicable policies and endorsements.

6. All statements, information and representations prepared and submitted in response to this RFQ are current, complete, true and accurate. Audit firm acknowledges that the City of Windcrest will rely on such statements, information and representations in selecting the successful Audit firm. If selected by the City of Windcrest, the Audit firm will notify the City of Windcrest immediately of any material change in any matters with regard to which Audit firm has made a statement or representation or provided information.

B. Audit firm offers and agrees to furnish the products, services, and price more particularly described in its proposal to the City of Windcrest and complies with all terms, conditions, requirements and specifications set forth in this RFQ.

C. Audit firm affirms that it has not given or offered to give, nor does Audit firm intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with its submitted proposal. Failure to sign this Execution of Offer, or signing with a false statement, may void the submitted proposal or any resulting contracts, and the Audit firm may be removed from all proposal lists at the City of Windcrest.

D. Audit firm hereby certifies that neither Audit firm nor any firm, corporation, partnership or institution represented by Audit firm, or anyone acting for such firm, corporation or institution, has violated the antitrust laws of the State of Texas, codified in Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business.

E. Audit firm certifies that the individual signing this document, and the documents made a part of this RFQ is authorized to sign such documents on behalf of Audit firm and to bind Audit firm under any agreements and other contractual arrangements that may result from the submission of Audit firm’s proposal.

F. Audit firm certifies that if a Texas address is shown as the address of the Audit firm, the Audit firm qualifies as a Texas Resident Audit firm as defined in Rules of the Comptroller of Public Accounts (formerly the Texas Building and Procurement Commission). (See 1 T.A.C. 111.2).

G. Audit firm certifies that (i) no relationship, whether by blood, marriage, business association, capital funding agreement or by any other such kinship or connection exists between the owner of any Audit firm that is a sole proprietorship, the officers or directors of any Audit firm that is a corporation, the partners of any Audit firm that is a partnership, the joint ventures of any Audit firm that is a joint venture or the members or managers of any Audit firm that is a limited liability company, on one hand, and an employee of any the City of Windcrest's component, on the other hand, other than the relationships which have been previously disclosed to the City of Windcrest in writing and (ii) Audit firm has not been an employee of any component institution of the City of Windcrest within the immediate twelve (12) months prior to the Submittal Deadline. All disclosures by the Audit firm in connection with this certification will be subject to administrative review and approval before the City of Windcrest enters into a contract with Audit firm.

H. Audit firm shall and has disclosed, as part of its proposal, any exceptions to the certifications stated in the Execution of Offer. All such disclosures will be subject to administrative review and approval prior to the time the City of Windcrest makes an award or enters into any contract or agreement with the Audit firm.

I certify that the above statements are true and correct.

Submitted and Certified By: ______________________________________________

Signature of Duly Authorized Representative: ________________________________

Printed Name/Title/Date: _________________________________________________