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Agenda 01/13/2015 Item #16C 4 1/13/2015 16.C.4. EXECUTIVE SUMMARY Recommendation to award Contract#14-6353, Financial Consulting Services, to Public Resources Management Group,Inc.,and authorize the Chairman to execute the attached contract. OBJECTIVE: Procure financial consulting services to perform user rate studies, impact fee rate studies and other types of financial analyses. CONSIDERATIONS: Financial consulting services are primarily utilized by the Public Utilities Division for impact fee and user rate studies. Use of the consultant provides the utility with broad expertise and legal nexus for the appropriate setting of fee structures. The consultant may be used for other financial analyses including, but not limited to, solid waste rate studies, benchmarking studies, business valuations, financial feasibility studies, and strategic planning. This contract will provide staff with accessibility to a stable and reliable source of financial consulting services,thus enabling a reliable, consistent, and timely source of adequate funding for capital projects. This contract also provides the ability to establish appropriate user rates and impact fees. Request for Proposal (RFP) #14-6353 was publically advertised September 18, 2014. A total of 292 email notices were sent through the county's online bidding system. Forty«one packages were downloaded. Five proposals were received by the closing date of October 24, 2014. A selection committee reviewed the proposal packages and met on November 12, 2014, to score and rank the proposals. By consensus of the committee, Public Resources Management Group, Inc., (PRMG) of Maitland, Florida, was selected as the top ranked firm. The negotiated contract terms are for an initial two years with two additional two-year renewal options. This contract replaces Contract #07-4071 Financial Consulting Services, which expires on January 22, 2015. Staff recommends that the Board of County Commissioners (Board) approve Contract #14-6353 with an effective date of January 23, 2015. Any purchase orders issued under Contract#07-4071 prior to the expiration of the Agreement period will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of the Purchase Order(s). FISCAL IMPACT: Annual expenditures are estimated to be $150,000, but will be dependent on the number and scope of the proposals. It is anticipated that the Operations Support, Water,Wastewater,and Solid and Hazardous Waste Management Departments will be the predominant users of this contract. Proposals made in FY2015 are to be consistent with the FY2015 budget approved by the Board on September 18, 2014. Sources of funds are anticipated to be Water Impact Fees (411), Water User Fees (412), Sewer Impact Fees (413), Sewer User Fees (414), Solid Waste Disposal Fund (470), and the Water/Sewer Operating Fund(408). LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. ERP GROWTH MANAGEMENT IMPACT: There are no impacts on the Growth Management Plan associated with this action. RECOMMENDATIQN: That the Board of County Commissioners,Ex-officio diet Governing Board of the Collier County Water-Sewer District,award RFP#14-6353,Financial Consulting Services,to Public Resources Management Group,Inc.,and authorize the Chairman to execute the attached contract after approval by the County Attorney's Office. Packet Page-1027- 1/13/2015 16.C.4. Prepared By: Laura Zautcke, Senior Management&Budget Analyst,Public Utilities Operations Support Attachments: Exhibit 1 -Contract 14-6353 Exhibit 2-RFP 14-6353 Exhibit 3-Addendum 1 to RFP 14-6353 Exhibit 4—RFP 14-6353 Ranking Sheet Packet Page-1028- 1/13/2015 16.C.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.4. Item Summary: Recommendation to award Contract#14-6353, Financial Consulting Services, to Public Resources Management Group, Inc., and authorize the Chairman to execute the attached contract. Meeting Date: 1/13/2015 Prepared By Name: ZautckeLaura Title:Management/Budget Analyst, Senior,Utilities Finance Operations 12/12/2014 8:50:02 AM Approved By Name: RodriguezDan Title: Director-Solid Waste, Solid&Hazardous Waste Management Date: 12/12/2014 10:05:41 AM Name: HapkeMargie Title: Recycling Coordinator, Solid&Hazardous Waste Management Date: 12/12/2014 10:57:01 AM Name: Joseph Bellone Title: Director-Operations Support,Utilities Finance Operations Date: 12/15/2014 8:30:09 AM Name: JohnsonScott Title: Manager-Procurement,Purchasing&General Services Date: 12/15/2014 4:28:27 PM Name: MarkiewiczJoanne Title: Director-Purchasing/General Services, Purchasing&General Services Date: 12/16/2014 8:50:15 AM Name: HerreraSandra Title: Manager-Procurement, Purchasing&General Services Date: 12/16/2014 9:49:16 AM Packet Page-1029- 1/13/2015 16.C.4. Name: HallSwainson Title: Procurement Specialist,Purchasing&General Services Date: 12/16/2014 11:19:31 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 12/18/2014 8:24:14 AM Name: YilmazGeorge Title: Administrator-Public Utilities,Public Utilities Division Date: 12/22/2014 7:52:01 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/22/2014 9:31:32 AM Name: UsherSusan Title:Management/Budget Analyst, Senior, Office of Management&Budget Date: 12/29/2014 12:55:27 PM Name: FinnEd Title:Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 12/31/2014 9:41:52 AM Name: DurhamTim Title: Executive Manager of Corp Business Ups, Date: 1/5/2015 4:37:15 PM r-. Packet Page -1030- 1/13/2015 16.C.4. REQUEST FOR PROPOSAL Cop„„ r County Adrrinisbrative Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Solicitation 14-6353 Financial Consulting Services Swainson Hall, Procurement Strategist 239-252-8935 (Telephone) 239-252-6334 (Fax) SwainsonHall(a�colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 4lUt,IF"F Pt acing Department.3327 Tamiami Trail East•Naples,Florida 34?12-4901•vsu w.co#tsergov.net+purdhasing Packet Page -1031- 1/13/2015 16.C.4. Table of Contents LEGAL NOTICE 3 EXHIBIT I:SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II:GENERAL RFP INSTRUCTIONS 10 EXHIBIT III:COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 14 EXHIBIT IV:ADDITIONAL TERMS AND CONDITIONS FOR RFP 18 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 27 ATTACHMENT 2:VENDOR CHECK LIST 29 ATTACHMENT 3:CONFLICT OF INTEREST AFFIDAVIT 30 ATTACHMENT 4:VENDOR DECLARATION STATEMENT 31 ATTACHMENT 5:AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 33 ATTACHMENT 6: IMMIGRATION AFFIDAVIT CERTIFICATION 35 ATTACHMENT 7:VENDOR SUBSTITUTE W—9 36 ATTACHMENT 8: INSURANCE AND BONDING REQUIREMENTS 37 ATTACHMENT 9: REFERENCE QUESTIONNAIRE 39 14-6353 Financial Consulting Services 2 Packet Page -1032- 1/13/2015 16.C.4. CO Ter Cowrty Adninistrative Services.Division Purchasing Legal Notice Sealed Proposals to provide Financial Consulting Services will be received until 3:00PM Naples local time, on Friday, October 24, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. Solicitation 14-6353 Financial Consulting Services Services to be provided may include, but not be limited to the following: financial consulting services. A non-mandatory pre-proposal conference will be held on Wednesday, September 24, 2014, commencing promptly at 10:00AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which may be obtained on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on Friday, September 18, 2014. ino rlt r%l. Furs asrg DepartIVW 3301 Tatman i ra+i East'Naples,Florae 34112'wo w.coli rgov.neVpurc ng 14-6353 Financial Consulting Services 3 Packet Page -1033- 1/13/2015 16.C.4. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Public Utilities Department (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase Collier County is soliciting proposals from qualified and experienced firms to provide assistance in financial services for the Water, Wastewater, Solid Waste Departments, and other departments. The selected firms will be expected to perform via the issuance of periodic work orders for such services as assistance in budgeting, forecasting, rate making, management accounting assistance, business valuations/acquisitions, financing activities assistance, financial analysis of systems, as well as other tasks as may be deemed necessary by the County. Background Periodically departments within public utilities require consulting services to perform rate studies for user fees. In addition, consultants are utilized for water and wastewater impact fee studies. From time to time, other types of financial services may be needed such as financial modeling, performing due diligence on acquisitions, reviewing financial analyses and benchmarking studies which the county may not have the expertise to perform. Detailed Scope of Work Work Order authorizations may be issued by the County to include, but not limited to, the following: Cost of Service/Rate Studies: • Review and redesign as considered necessary based on cost of services principals, the potable water, wastewater, reuse rates, landfill tipping fees, and other miscellaneous charges. • Investigate, evaluate and develop potential water, wastewater and reclaimed water rates associated with the provision of such type of service. Create a multi-year financial forecast model for the water and wastewater system (the "System") to determine the overall sufficiency of the System revenues and financial resources to meet identified System expenditures and funding requirements. Revenue and revenue requirements will be projected separately for water, wastewater and reclaimed water. Rate study analysis will include, but will not be limited to number of customers and usage, a projection of revenues and operating expenses, a capital funding analysis, evaluation of financial targets and compliance requirements, design of monthly rates, development of presentations and participation in the public hearing process for rate approval. 14-6353 Financial Consulting Services 4 Packet Page -1034- 1/13/2015 16.C.4. • Assist the County in development of water and wastewater impact fees to evaluate adequacy of the recovery of the respective capital and carrying costs from new development. • Identify the allocable net revenue requirements associated with providing wholesale potable water service and design of a wholesale potable water rate for the recovery of such costs. • Development of rate comparisons and surveys. • Review of master plan to ensure consistency with the rate studies. Other Revenue Sources • Review and design as considered necessary, appropriate fees for other miscellaneous services as provided by water and wastewater utility systems and other departments. • Review operations of the water and wastewater utility and landfill systems and other County financial services to determine if additional services, charges and revenue enhancements are appropriate. Acquisitions • Perform financial due diligence activities related to the acquisition of utility systems or service areas. County Contracts/Documents • Provide assistance in development and/or review of County contracts, policies and agreements. Such contracts and documents including, but not limited to, rate ordinances and resolutions, service agreements, franchise agreements, acquisition contracts, extension and development agreements, reclaimed water usage agreements, and inter-local agreements between the County and other public agencies. Services may involve drafting agreements, review of documents, negotiations among affected parties and performance of economic analyses required for evaluation. Financing/Funding • Preparation of financial feasibility reports in support of the issuance of revenue bonds, including preparation for and attendance of presentations before rating agencies, bond insurance companies, potential investors and purchasers of instruments of debt, and other required parties. • Provide assistance in the preparation of loan documents to obtain funds from agencies such as the Florida Department of Environmental Protection, Rural Development, Department of Community Affairs and others. • Financial modeling of financing plans and CIP affordability. 14-6353 Financial Consulting Services 5 Packet Page -1035- • 1/13/2015 16.C.4. General Financial Services • Perform financial sensitivity analyses on utility and other operations taking into account such factors as capital program implementation, regulatory changes and other such issues that may cause a need to review financial operations. • Review operations and performance by the County's Utilities, Solid Waste Department and other County Departments. • Evaluate financial forecasts and analyses related to the utility as prepared by staff and other consultants. • Provide assistance in strategic planning activities with the utility and other departments. • Provide assistance in development of accounting, financial, and business policies as well as providing opinions on such issues. • Assistance to the County in providing privatization and managed competition activities and cost evaluations. Term of Contract The contract term, if an award(s) is/are made is intended to be for two (2) years with two (2) two years renewal options. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Procurement Director. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice September 18, 2014 Last Date for Receipt of Written Questions October 3, 2014, 5:00PM, Naples Local Time Pre-solicitation meeting September 24, 2014, 10:00AM, Naples Local Time and Locations Addendum Issued Resulting from Written Questions or October 10, 2014 Pre-Proposal Conference Solicitation Deadline Date and Time October 24, 2014, 3:00PM, Naples Local Time Anticipated Evaluation of Submittals November 2014 Anticipated Completion of Contract Negotiations November 2014 Anticipated Board of County Commissioner's Contract December 2014 Approval Date 14-6353 Financial Consulting Services 6 Packet Page -1036- 1/13/2015 16.C.4. Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if it is awarded a contract, the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor's approach and ability to meet the County's needs, as stated in this RFP. All proposals should be presented as described in this RFP in PDF or Microsoft Word format with Tabs clearly marked. If outlined in this RFP, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter/ Management Summary (0 points) Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP. List all proposed subcontractors who writ participate on the team. 2. Tab II, Business Plan (15 points) In this tab, include but not limited to: • Detailed plan of approach for a user fee rate study and impact fee rate study for water and wastewater(including major tasks and sub-tasks). • Detailed time line for completion of the projects. • Include with the Business Plan or as an attachment, a copy of a user fee rate study report and impact fee study report for water and wastewater, as an example of work product. This should be for one of the projects listed as a reference. In addition, provide a sample of another financial service report completed by your firm (with preference to solid waste rate study). 3. Tab III, Cost of Services to the County (15 points) In this tab, include but not limited to: • Provide proposed fee schedule of principals and staff(including sub-consultants). 14-6353 Financial Consulting Services 7 Packet Page-1037- 1/13/2015 16.C.4. 4. Tab IV, Experience and Capacity of Firm (30 points) In this tab, include but not limited to: • Provide information that documents your firm's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Describe the various team members' successful experience in working with one another on previous projects. • List Current Projects underway or completed in the last three years in the Format Identified Below Client Location Start End Original Final Number of Project Project Change Date(City, County, State) Date ae Budget Description Cost Orders 5. Tab V, Specialized Expertise of Team Members (30 points) In this tab, include but not limited to: • Description of the proposed contract team and the role to be played by each member of the team. • Attach brief resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. • Attach resumes of any sub-consultants and attach letters of intent from stated sub- consultants must be included with proposal submission. 6. Tab VI, References (10 points) In order for the vendor to be awarded any points for this tab, the County requests that the vendor submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the vendor in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each vendor's information provided in this area: • The County shall total each of the vendor's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Vendors who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the vendor who has the highest score. • The next highest vendor's number of points will be divided by the highest vendor's points which will then be multiplied by criteria points to determine the vendor's points awarded. Each subsequent vendor's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. 14-6353 Financial Consulting Services 8 Packet Page-1038- 1/13/2015 16.C.4. Vendor Total Reference Vendor Name Points Awarded Score Vendor ABC 445 20 Vendor DEF 435 19.6 Vendor CHI 425 19.1 Vendor JKL 385 17.3 Vendor MNO 385 17.3 Vendor PQR 250 11.2 Note:Sample chart reflects a 20 point reference criterion. The points awarded by vendor will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the vendor's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per vendor. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 7. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in this RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 8. Tab VIII, Required Form Submittals • Attachment 2: Vendor Check List • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Vendor Declaration Statement • Attachment 5: Affidavit for Claiming Status as a Local Business • Attachment 6: Immigration Affidavit Certification • Attachment 7: Vendor Substitute W-9 • Attachment 8: Insurance and Bonding Requirements • Attachment 9: Reference Questionnaire • Signed addenda • Licenses and/or certifications • Promotional materials, etc. 14-6353 Financial Consulting Services 9 Packet Page -1039- 1/13/2015 16.C.4. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding this RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of this RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Vendors must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00PM, Naples local time, on or before Friday, October 24, 2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 14-6353 Financial Consulting Services 10 Packet Page-1040- 1/13/2015 16.C.4. III Attn: Swainson Hall, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Vendors must submit one (1) paper copy clearly labeled "Master," and four (4) disks (CD's/DVD's) with one copy of the proposal on each disk in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist shall publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3)working days prior to 14-6353 Financial Consulting Services 11 Packet Page-1041- 1/13/2015 16.C.4. the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered. 10. References The County reserves the right to contact any and all references pertaining to this solicitation and related proposal. 11. Proposal Selection Committee and Evaluation Factors The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab I, Cover Letter/ Management Summary 0 Tab II, Business Plan 15 Tab III, Cost of Services to the County 15 Tab IV, Experience and Capacity of Firm 30 Tab V, Specialized Expertise of Team Members 30 Tab VI, References 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor(as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. 14-6353 Financial Consulting Services 12 Packet Page-1042- 1/13/2015 16.C.4. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion. 14-6353 Financial Consulting Services 13 Packet Page -1043- 1/13/2015 16.C.4. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates 14-6353 Financial Consulting Services 14 Packet Page -1044- 1/13/2015 16.C.4. 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by written notice make changes to drawings 10. Indemnification and specifications, shipping instructions, VENDOR shall indemnify and hold harmless quantities and delivery schedules within the the COUNTY from any and all claims, general scope of this Purchase Order. including claims of negligence, costs and Should any such change increase or expenses, including but not limited to decrease the cost of, or the time required for attorneys' fees, arising from, caused by or performance of the Purchase Order, an related to the injury or death of any person equitable adjustment in the price and/or (including but not limited to employees and delivery schedule will be negotiated by the agents of VENDOR in the performance of COUNTY and VENDOR. Notwithstanding their duties or otherwise), or damage to the foregoing, VENDOR has an affirmative property (including property of the COUNTY obligation to give notice if the changes will or other persons), which arise out of or are decrease costs. Any claims for adjustment incident to the goods and/or services to be by VENDOR must be made within thirty(30) provided hereunder. days from the date the change is ordered or within such additional period of time as may 11. Warranty of Non-Infringement be agreed upon by the parties. VENDOR represents and warrants that all goods sold or services performed under this 7. Warranties Purchase Order are: a) in compliance with VENDOR expressly warrants that the goods applicable laws; b) do not infringe any and/or services covered by this Purchase patent, trademark, copyright or trade secret; Order will conform to the specifications, and c) do not constitute unfair competition. drawings, samples or other descriptions furnished or specified by the COUNTY, and VENDOR shall indemnify and hold harmless will be of satisfactory material and quality the COUNTY from and against any and all production, free from defects and sufficient claims, including claims of negligence, costs for the purpose intended. Goods shall be and expense, including but not limited to delivered free from any security interest or attorneys' fees, which arise from any claim, other lien, encumbrance or claim of any third suit or proceeding alleging that the party. These warranties shall survive COUNTY'S use of the goods and/or inspection, acceptance, passage of title and services provided under this Purchase Order payment by the COUNTY. are inconsistent with VENDOR'S representations and warranties in section 11 8. Statutory Conformity (a). Goods and services provided pursuant to this Purchase Order, and their production 14-6353 Financial Consulting Services 15 Packet Page -1045- 1/13/2015 16.C.4. If any claim which arises from VENDOR'S beyond their control, including, but without breach of section 11 (a) has occurred, or is limitation to war, strikes, civil disturbances likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida 14-6353 Financial Consulting Services 16 Packet Page-1046- 1/13/2015 16.C.4. b) Failure of the COUNTY to act associated with this Purchase Order in immediately in response to a breach of accordance with Florida Statute Chapter this Purchase Order by VENDOR shall 112.061, Per Diem and Travel not constitute a waiver of breach. Expenses for Public Officers, employees Waiver of the COUNTY by any default and authorized persons. by VENDOR hereunder shall not be e) In the event of any conflict between or deemed a waiver of any subsequent among the terms of any Contract default by VENDOR. Documents related to this Purchase c) All notices under this Purchase Order Order, the terms of the Contract shall be sent to the respective Documents shall take precedence over addresses on the face page by certified the terms of the Purchase Order. To the mail, return receipt requested, by extent any terms and /or conditions of overnight courier service, or by personal this Purchase Order duplicate or overlap delivery and will be deemed effective the Terms and Conditions of the upon receipt. Postage, delivery and Contract Documents, the provisions of other charges shall be paid by the the Terms and/or Conditions that are sender. A party may change its address most favorable to the County and/or for notice by written notice complying provide the greatest protection to the with the requirements of this section. County shall govern. d) The Vendor agrees to reimbursement of any travel expenses that may be 14-6353 Financial Consulting Services 17 Packet Page-1047- 1/13/2015 16.C.4. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four(24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide 14-6353 Financial Consulting Services 18 Packet Page -1048- 1/13/201516.0.4. notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty(30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 100% of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Vendor's facilities/project site during and after each work assignment the Vendor is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 14-6353 Financial Consulting Services 19 Packet Page -1049- 1/13/2015 16.C.4. 7. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(c�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional— payment by check, wire transfer or other cash equivalent. • Standard —payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 14-6353 Financial Consulting Services 20 Packet Page -1050- 1/13/201516.C.4. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 8. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Licenses The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252- 2477. 10. Principals/Collusion By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person 14-6353 Financial Consulting Services 21 Packet Page-1051- 1/13/2015 16.C.4. other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 11. Relation of County It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 12. Termination Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 13. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 14. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as 14-6353 Financial Consulting Services 22 Packet Page-1052- 1/13/2015 16.C.4. a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub-consultant. 17. Survivability Work Orders: The Consultant/ContractorNendor agrees that any Work Order that extends beyond the expiration date of Solicitation 14-6353 Financial Consulting Services will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. 18. Protest Procedures Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the ^ recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 20. Security and Background Checks If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited 14-6353 Financial Consulting Services 23 Packet Page -1053- 1/13/2015 16.C.4. to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 21. Conflict of Interest Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet- based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. 14-6353 Financial Consulting Services 24 Packet Page-1054- 1/13/2015 16.C.4. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 24. Collier County Local Preference Policy Collier County provides an incentive to local business to enhance the opportunities of local businesses in the award of County contracts. In the evaluation of proposals, the County rewards Vendors for being a local business by granting a ten (10) points incentive in the evaluation criterion points. Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non- permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. Under this solicitation proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any proposer who fails to submit sufficient documentation with their proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner. For all purchases of commodities and services procured through a competitive proposal process and not otherwise exempt from this local preference section, the solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which are subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. The vendor must complete and submit with their proposal response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. 14-6353 Financial Consulting Services 25 Packet Page -1055- 1/13/2015 16.C.4. Failure on the part of a vendor to submit this Affidavit with their proposal response will preclude said Vendor from being considered for local preference under this solicitation. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. 14-6353 Financial Consulting Services 26 Packet Page -1056- 1/13/2015 16.C.4. Cotter per Cot4nty Administrative Services Division Purchasing Attachment 1: Vendor's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to Solicitation 14-6353 Financial Consulting Services for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 14-6353 Financial Consulting Services 27 Packet Page -1057- 1/13/2015 16.C.4. 14-6353 Financial Consulting Services 28 Packet Page -1058- 1/13/2015 16.C.4. Co tTer County Administrative Services Division Purchasing Attachment 2: Vendor Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed: 7 The Proposal has been signed. E All applicable forms have been signed and included, along with licenses to complete the requirements of the project. • Any addenda have been signed and included. • The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Swainson Hall, Procurement Strategist -- n The mailing envelope must be sealed and marked with Solicitation 14-6353 Financial Consulting Services and Friday, October 24, 2014. n The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 14-6353 Financial Consulting Services 29 Packet Page -1059- 1/13/2015 16.C.4. Co ier Gouty Adninistrative Services Division Purchasing" Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 14-6353 Financial Consulting Services 30 Packet Page-1060- 1/13/2015 16.C.4. Ca pot Cox ,t? Acin mist ative Services Division Purchasing Attachment 4: Vendor Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: Solicitation: 14-6353 Financial Consulting Services Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by Solicitation: 14-6353 Financial Consulting Services. (Proposal Continued on Next Page) 14-6353 Financial Consulting Services 31 Packet Page -1061- 1/13/2015 16.C.4. PROPOSAL CONTINUED IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of , 20 in the County of , in the State of Firm's Legal Name: Address: City, State, Zip Code: Florida Certificate of Authority Document Number: Federal Tax Identification Number CCR#or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: Additional Contact Information Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email 14-6353 Financial Consulting Services 32 Packet Page -1062- 1/13/2015 16.C.4. Cotr County Administrative services Divsion Purchasing Attachment 5: Affidavit for Claiming Status as a Local Business Solicitation: 14-6353 Financial Consulting Services (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy: Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. ^ Vendor must complete the following information: Year Business Established in ❑Collier County or❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 . Notary Public My Commission Expires: 14-6353 Financial Consulting Services 33 Packet Page-1063- 1/13/2015 16.C.4. (AFFIX OFFICIAL SEAL) 14-6353 Financial Consulting Services 34 Packet Page-1064- 1/13/2015 16.C.4. Coker County �► Administrative Services Division Purchasing Attachment 6: Immigration Affidavit Certification Solicitation: 14-6353 Financial Consulting Services This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (REP) submittals. Further, Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 14-6353 Financial Consulting Services 35 Packet Page-1065- 1/13/2015 16.C.4. co l� city Administrative Services Division —. Purchasing Attachment 7: Vendor Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State. Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor _Corporation _Partnership Tax Exempt (Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 14-6353 Financial Consulting Services 36 Packet Page-1066- 1/13/2015 16.C.4. Coi(Pier County Administrative Services Division Purchasing Attachment 8: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Professional Liability $ per claim and in Packet Page-1067- 1/13/2015 16.C.4. the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Collier MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 14-6353 Financial Consulting Services 38 Packet Page -1068- 1/13/2015 16.C.4. Co ie County �. Administrative Services Division Purchasing Attachment 9: Reference Questionnaire Solicitation: 14-6353 Financial Consulting Services Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Project Number of Days: Change Orders- Dollars Added : Change Orders- Days Added: Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice,final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 14-6353 Financial Consulting Services 39 Packet Page-1069- 1/13/2015 16.C.4. eel fie, Couvay Email: SwainsonHall @colliergov.net Telephone: (239) 252-8935 Administrative Services Division FAX: (239) 252-6334 Purchasing ADDENDUM #1 Memorandum Date: October 13, 2014 From: Swainson Hall, Procurement Strategist To: Potential Proposers Subject: Addendum #1 — 14-6353 Financial Consulting Services The following clarifications are issued as an addendum identifying the following changes for the referenced solicitation: CHANGE 1: Current— Page 19 Item 4 Use of Sub contractors - Bidders on any service related project, including construction, must be qualified and directly responsible for 100% of the solicitation amount for said work. Update - Bidders on any service related project, including construction, must be qualified and directly responsible for 80% of the solicitation amount for said work. CHANGE 2: Current— Page 8 Client Location Start End Original Final Number of Project (City, County, State) Date Date Budget Project Change C Description ) Cost Orders Update — Project Client Location Start End Original Final Description (City, County, State) Date Date Budget Pro Cost ect CHANGE 3: Sample Price Sheet Attached If you require additional information please contact me using the above contact information. c: Laura Zautcke, Project Manager 1 Packet Page -1070- 1/13/2015 16.C.4. o ...--` (-1 N_ L r a) 7 O z - ct I O co) co O co v) co co O co O O O O O O y et p — N M 4 v'; 3 GL V as) 6) •+ Ce r U g C C O U " O a a ;6 u 0 • c% Q ee U ■ 0 O • 64 N• 6L) --- N M '1' kr Q .a,+ M ,--I r7r ) CCS CI O Z CZ ., C CZ O ,--o M N -S Er, O� C. q 3 x L• U -- N '1 M V7 • :e N U C 6.4 fl J > - O r L i. L7 .— cu Cr (�. _ vi O r O E CO X15 V O O O .t' C Z cC O C 5 Eh M 0 U C. L O U M 'V Cr U V) i C4 j► Eli `I O Q C — Er)w czt w Packet Page -1071- 1/13/2015 16.C.4. AGREEMENT14-6353 for Financial Consulting Services THIS AGREEMENT, made and entered into on this day of 2015, by and between Public Resources Management Group, Inc., authorized to do business in the State of Florida, whose business address is 341. N. Maitland Avenue, Suite 300, Maitland, Florida 32751, (the "Consultant") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. COMMENCEMENT. The Consultant shall commence the work upon the issuance of a Purchase Order. 2. CONTRACT TERM. The contract shall be for a two (2) year period, commencing on January 23, 2015, and terminating two (2) years from that date. The County may, at its discretion and with the consent of the Consultant, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2) additional two (2) year periods. The County shall give the Consultant written notice of the County's intention to renew the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to 180 days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term not less than 10 days prior to the end of the Agreement term then in effect. 3. STATEMENT OF WORK. The Consultant shall provide Financial Consulting Services in accordance with Exhibit A "Scope of Services," the terms and conditions of Bid/RFP #14-6353 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. The services required by this Agreement shall include but not be limited to the services described in Exhibit A "Scope of Services". The County shall order services as required Page 1 of 13 CA Packet Page-1072- 1/13/2015 16.C.4. �., but makes no guarantee as to the quantity, number, type or distribution of services that will be ordered or required by this Agreement. Any County agency may purchase products and services under this Agreement, provided sufficient funds are included in their budget(s). 4. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager, or designee, pursuant to the fees as set forth in Exhibit B "Consultant's Fees," included in this Agreement, together with the Travel and Reimbursable Expenses as defined in this Agreement. Payments shall be made to the Consultant when requested as work progresses, but not more frequently than once per month, on an estimated percentage complete for the Labor and Expenses Fee and at actual costs for Travel Expenses. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.2 TRAVEL AND REIMBURSABLE EXPENSES: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties are expressly excluded. Reimbursements shall be at the following rates: Mileage $0445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than$150.00 per night Parking Actual cost of parking Taxi or Airport Actual cost of either taxi or airport Page 2 of 13 Cq Packet Page-1073- 1/13/2015 16.C.4. Limousine limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Consultant has provided all receipts. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Public Resources Management Group, Inc. 341 North Maitland Avenue,Suite 300 Maitland,Florida 32751 Attention: Robert J. Ori,President Telephone: 407-628-2600 Facsimile: 407-628-2610 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention:Joanne Markiewicz, Director, Procurement Services Telephone: 239-252-8407 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. Page 3 of 13 Packet Page-1074- CA 1/13/2015 16.C.4. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. The County will not be obligated to pay for any permits obtained by Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely I responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 9. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color,creed or national origin. 12. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of$100,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Page 4 of 13 Packet Page -1075- CA 1/13/2015 16.C.4. Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 each claim and in the aggregate. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all sub-Consultants comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant Page 5 of 13 CA Packet Page-1076- 1/13/2015 16.C.4. in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County, 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Finance Operations Department. 15. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate(s), RFP #14-6353 Scope of Services, any Addendum/Addenda, Exhibit A "Scope of Services" and Exhibit B "Consultant's Fees." 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Page 6 of 13 Packet Page -1077- 1/13/2015 16.C.4. 19. COMPLIANCE WITH LAWS. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Consultant observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Page 7 of 13 Packet Page-1078- cA 1/13/2015 16.C.4. federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. CONTRACT STAFFING: The Consultant's personnel and management to be utilized for this contract shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. 26. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the Consultant's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT: The Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. Page 8 of[3 CA Packet Page-1079- 1/13/2015 16.C.4. IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY,FLORIDA Dwight E. Brock,Clerk of Courts By: By: Dated: (SEAL) Public Resources Management Group,Inc. Consultant By: First Witness Signature 1'Type/print witness name l`Type/print signature and titlel` Second Witness l'Type/print witness namel' Approved as to Form and Legality: Assistant County Attorney Y Print Name Page 9 of 13 Packet Page-1080- 1/13/2015 16.C.4. Agreement#14-6353-"Financial Consulting Services" EXHIBIT A"SCOPE OF SERVICES" The Consultant agrees to provide financial consultant services which may include, but are not limited to the following as requested by the County: A. Cost of Service/Rate Studies: • Review and redesign as considered necessary based on cost of services principle, the potable water, wastewater, reuse rates, landfill tipping fees, and other miscellaneous charges. • Investigate, evaluate and develop potential water, wastewater and reclaimed water rates associated with the provision of such type of service. Create a multi-year financial forecast model for the water and wastewater system(the "System") to determine the overall sufficiency of the System revenues and financial resources to meet identified System expenditures and funding requirements. Revenue and revenue requirements will be projected separately for water, wastewater and reclaimed water. Rate study analysis will include,but will not be limited to number of customers and usage, a projection of revenues and operating expenses, a capital funding analysis, evaluation of financial targets and compliance requirements, design of monthly rates, development of presentations and participation in the public hearing process for rate approval. • Assist the County in development of water and wastewater impact fees to evaluate adequacy of the recovery of the respective capital and carrying costs from new development. • Identify the allocable net revenue requirements associated with providing wholesale potable water service and design of a wholesale potable water rate for the recovery of such costs. • Development of rate comparisons and surveys. • Review of master plan to ensure consistency with the rate studies. B. Other Revenue Sources: Page 10 of 13 (.1) Packet Page -1081- 1/13/2015 16.C.4. • Review and design as considered necessary, appropriate fees for other miscellaneous services as provided by water and wastewater utility systems and other departments. • Review operations of the water and wastewater utility and landfill systems and other County financial services to determine if additional services,charges and revenue enhancements are appropriate. C. Acquisitions: • Perform financial due diligence activities related to the acquisition of utility systems or service areas. D. County Contracts/Documents: • Provide assistance in development and/or review of County contracts, policies and agreements. Such contracts and documents including, but not limited to, rate ordinances and resolutions, service agreements, franchise agreements, acquisition contracts, extension and development agreements, reclaimed water usage agreements, and inter-local agreements between the County and other public agencies. Services may involve drafting agreements, review of documents, negotiations among affected parties and performance of economic analyses required for .-. evaluation. E. Financing/Funding: • Preparation of financial feasibility reports in support of the issuance of revenue bonds, including preparation for and attendance of presentations before rating agencies, bond insurance companies, potential investors and purchasers of instruments of debt, and other required parties. • Provide assistance in the preparation of loan documents to obtain funds from agencies such as the Florida Department of Environmental Protection, Rural Development, Department of Community Affairs and others. • Financial modeling of financing plans and CIP affordability. F. General Financial Services: • Perform financial sensitivity analyses on utility and other operations taking into .account such factors as capital program implementation, regulatory changes and other such issues that may cause a need to review financial operations. Page 11 of 13 Packet Page-1082- ,�.q 1/13/2015 16.C.4. • Review operations and performance by the County's Utilities, Solid Waste Department and other County Departments. • Evaluate financial forecasts and analyses related to the utility as prepared by staff and other consultants. • Provide assistance in strategic planning activities with the utility and other departments. • Provide assistance in development of accounting, financial, and business policies as well as providing opinions on such issues. • Assistance to the County in providing privatization and managed competition activities and cost evaluations Page 12 of 13 Packet Page-1083- 1/13/2015 16.C.4. Agreement # 14-6353- "Financial Consulting Services" EXHIBIT B -CONSULTANT'S FEES yr L Fn n.�E i/ a.I r 4 ,i z m. a3. 1 es_a?...t.:.;.`_. Principal $180.00 Associate $130.00 Managing Consultant $120.00 Supervising Consultant $115.00 Senior Consultant $110.00 Rate Consultant $100.00 Consultant $90.00 Senior Rate Analyst $80.00 Rate Analyst $70.00 Analyst $60.00 Assistant Analyst $50.00 Clerical and Administrative $50.00 Page 13 of 13 Packet Page-1084- cA