Okaloosa County BOCC — August 19, 2014 — RFP Bank Loan — reading text

the County. In order to assist the County and FirstSouthwest in reviewing the responses, each proposal should include the following information. (1) (2) The legal name of the Bank and the primary Bank contact person(s) (include address, telephone number, facsimile number, and e-mail address), A non-bank qualified tax-exempt fixed interest rate for the full term of the Loan. The bidder shall give a stated time in which the proposed rate will be held as well as the index in which the rate shall be calculated should the stated time elapse. K. (3) Please describe the methodology of the prepayment penalty or premium, if any. (4) Describe in detail of all fees and expenses, which the County will be responsible to pay to the 6) Bank including its Bank Counsel. The County has retained the law firm of Nabors, Giblin & Nickerson, P.A. to prepare the tax opinion and note resolution. The amounts stated in the proposal shall represent the maximum amounts payable to the Bank by the County. All fees and expenses, with the exception of those of Bond Counsel and FirstSouthwest, in excess of those stated in the proposal shall be the sole responsibility of the Bank and will not be paid or reimbursed by the County. A listing of all conditions, covenants, terms or restrictions, other than those specified in this REP, which would be included in your commitment to provide the Loan. MISCELLANEOUS (1) (2) (3) 4) (5) (6) The County reserves the right, in its sole discretion, to accept or reject any and all bids, to waive any irregularities or informalities in any bid or in the bidding, and to accept or reject any items or combination of items. The award will be to the financial institution whose response best complies with the requirements set forth in this RFP and whose bid, in the opinion of the County and Financial Advisor, is best, taking into consideration all aspects of the offeror’s response. Changes to this RFP may be made by and at the sole discretion of the County. The County will not be liable for any expenses incurred in connection with the preparation of a response to this RFP, All requests for clarification or additional information should be directed to: Okaloosa County Purchasing Okaloosa County (850) 689-6960 Ph (850) 689-5970 Fax zfedorak@co.okaloosa.fl.us Federal, State, and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bank will in no way be a cause for relief from responsibility. No successful offeror may assign any portion of the contractual agreement between the parties without prior written authorization by the County. i HT i i (7) (8) (9) (10) (11) Warranties — The offeror, in submission of its proposal, warrants to the County that it will comply with all applicable federal, state and local laws, regulations and orders in providing the services under the proposed documents. Conflict of Interest (Form Included): The award hereunder is subject to all applicable portions of Chapter 112, Florida Statutes. All Proposers must disclose with their proposal the name of any officer, director, or employee who is also an employee or officer of Okaloosa County. Further, all Proposers must disclose the name of any Okaloosa County employee or officer who owns, directly or indirectly, an interest in one or more of the Proposer's firm(s) or any of its branches. Public Entity Crime; Florida Statutes, 287.133(2)(a): 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. Discrimination; Florida Statutes, 287.134(2)(a): An entity or affiliate who has been placed on the discriminatory vendor list 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. Purchasing Policy: All terms and conditions contained in the County’s Purchasing Policy shall apply to this proposal. TENTATIVE SCHEDULE The County will attempt to adhere to the following schedule*: August 22, 2014 Issue Request for Proposal (RFP) September 5,2014 | Bank Proposals Due Prior to 4:00 P.M. Central Time September 16,2014 Bank Selection October 7, 2014 Board approval of Resolution authorizing execution of loan documents October 10, 2014 Closing of the Loan * Preliminary; subject to change M. - SPECIAL CONDITIONS Proposal Information - Questions concerning proposal requirements or specifications should be directed to the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, Florida 32536, at 850-689- 5960. Any changes by the County to specifications shall be in writing in the form of an addendum and furnished to all proposers. Verbal information obtained otherwise will not be considered in awarding of the proposal. Compliance with Florida Statute 119.071 - The CONTRACTOR shall comply with all the provisions of section 119.071, Florida Statutes relating to the public records which requires, among other things, that the CONTRACTOR: (a) Keep and maintain public records; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract. Right to Waive and Reject A. The Board, in its absolute discretion, may reject any proposal of a Proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Services Manager to emphasize this condition to potential proposers. B. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. Cc. The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgment will best serve the interest of the County. D, The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that made it impossible to determine the true amount of the proposal. Disqualification of Proposers - Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals: A. More than one proposal for the same work from an individual, firm or corporation under the same or different name. B. Evidence that the proposer has a financial interest in the firm of another proposer for the same work, Cc. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer. D. Uncompleted work that in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded. E, Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. F. Default under previous contract. G. The Board, in its absolute discretion, may reject any proposal of a Proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a 10, satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. Conditional and Incomplete Proposals - The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that make it impossible to determine the true amount of the proposal. Investigation of Proposer - The owner may make such investigations as he deems necessary to determine the stability of the Proposer to perform the work and that there is no conflict of interest as it relates to the project. The proposer shall furnish to the owner any additional information and financial data for the purpose as the owner may request. The data shall include a detailed and up-to-date list of plant equipment and materials which proposer proposes to use, indicating which portions he already possesses and a detailed description of the method and program or work to be done. Preparation of Proposals - Proposals must be submitted upon the prescribed forms provided herein, All blank spaces must be filled in as noted in blue ink or typed in both words and numbers with the amounts extended and totaled. No changes shall be made in phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the figures, the written amounts shall govern. Any proposal may be rejected which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for or which shall in any manner fail to conform to the conditions of published notice inviting proposals. Conflict of Interest - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposal the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its' agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County if he is an officer or employee of the County, disclosing his or spouses or child's interest and the nature of the intended business. Note: For proposer’s convenience, this certification form is enclosed