Okaloosa County BOCC — May 4, 2013 — RFP - Tourist Development Legal Services — reading text

municipal ordinances, orders, rules and regulations of all authorities having jurisdiction shall apply to the proposal throughout, and they will be deemed to be included in the contract the same as though they were written out in full herein. This agreement and the related contract documents may be modified or amended only by written instrument, signed by both parties. In the event any term or provision of this agreement or the related contract documents shall to any extent be held to be illegal, invalid, unenforceable, or non-operative as a matter of law, the remaining terms and provisions of this agreement shall not be affected thereby, but each such term and provision shall be valid and shall remain in full force and effect. 8. Conditional & Incomplete Proposals – The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will reject those that make it impossible to determine the true amount of the proposal. 9. Reorganization & Bankruptcy Proceedings – Proposals will not be considered from vendors who are currently involved in official financial reorganization or bankruptcy proceedings. 10. Right to Waive and Reject - A. The Board, in its absolute discretion, may reject any proposal that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contract in a timely fashion or has failed in any other way to perform a prior contract in a satisfactory manner. B. The County reserves the right to award the proposal to the 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. The Board of County Commissioners shall be the sole judge of the proposals and the resulting negotiated agreement that is in the best interest of the County and its decision shall be final. C. 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. 11. Disqualification of Proposers - Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of their proposal or proposals: A. More than one proposal for the same work from an individual, proposer or company under the same or different name. Last Revised – 03/20/2013 Page 5  B. Evidence that the proposer has a financial interest in the proposer of another proposer for the same work. C. 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. Incomplete work which in the judgement 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 inviting proposals. F. Default under previous contract. 12. Preparation of Proposals – Proposals must be submitted upon the prescribed forms provided herein. All blank spaces must be filled in, as noted, in ink or typed in both words and numbers with the amount extended and totaled. In case of any discrepancy between the written amount and the figures, the written amounts shall govern. Any proposals may be rejected that contain 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 or published notice inviting proposals. 13. Regulation & Ordinances – The proposer is required to be familiar with all Federal, State, and Local Laws, Ordinances, Codes, rules, and regulations that may in any way affect the work. Ignorance on the part of the proposer shall in no way relieve proposer from responsibility. 14. Prohibition Against Contingent Fees – Florida Statute 287.055(6)(a) requires the following statement, duly signed and notarized, be included in each submittal: “The respondent warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the respondent to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual or proposer, other than a bona fide employee working solely for the respondent, any fee, commission or percentage, gift or other consideration contingent upon or resulting from award or making of this agreement.” 15. Protection of Resident Workers – The Okaloosa County Board of County Commissioners actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States, (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U. S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification. The contractor shall establish appropriate procedures and controls so no services or products under the contract documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with these requirements. Proposers doing construction business with Okaloosa County are required to use the Federal Government Department of Homeland Security’s website and use the E-Verify Last Revised – 03/20/2013 Page 6  Employment Eligibility & Verification System to confirm eligibility of all employees to work in the United Sates. 16. No Contact Clause - The Okaloosa County Board of County Commissioners have established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Requests for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board of County Commissioners approves the award. Note: For the firm’s convenience, this certification form is enclosed and made a part of this package. 17. Evaluation & Selection Process – A Selection Review Committee appointed by the Board of County Commissioners will evaluate all submittals received and: 1. Prepare an alphabetical listing of the proposers determined to be interested and available. Evaluate the responses meeting minimum submissions criteria based upon qualifications and conduct discussions with those proposers deemed to be the most highly qualified to provide the services required. 2. Review all proposals received will proceed as follows: a. The selection committee will review all documents submitted. b. The committee’s ranking of prospective proposals shall be based on the evaluation criteria listed in the Scope of Services. 3. Negotiations between the selection committee, or the committee designee, and the top proposer (or proposers) ranked highest on the Board approved short list will proceed as follows: a. Negotiations will be held with the first proposer on the priority list. b. If no tentative agreement can be reached with the first proposer, then negotiations will commence with the second proposer on the short list. c. If no tentative agreement can be reached with the second proposer, then negotiations will commence with the third proposer. d. If no tentative agreement is reached with the third proposer, then the committee shall return to the Board to report such and recommend that a new short list be established from among the other responses received. If for any reason said procedure is not feasible, the committee shall seek direction from the Board as to how to proceed further. 4. Presentation of the tentative contract agreement by the selection committee to the Board for approval. The Executive Summary shall inform the Board as to the terms, conditions, and costs associated with the contract. Last Revised – 03/20/2013 Page 7  5. Upon approval of the contract agreement by the Board, a formal written contract agreement will be executed prior to commencement of the work associated with the contract. a. The selection review committee will evaluate and rank all responses meeting the requirements herein and enter into formal negotiations with selected proposers. Proposers will be notified of dates and times of any interviews once final selection has been made. (Presentations may be required). 18. Submittal Opening – Names of proposers that submit a response on or before the deadline specified herein shall be available to the public once the submittal deadline has passed. It is the proposer’s responsibility to ensure that their response is delivered at the proper time and place. Offers by telegram, facsimile or telephone are NOT acceptable. Note: Crestview, Florida is “not a next day guaranteed delivery location” by delivery services. Last Revised – 03/20/2013 Page 8  INSURANCE REQUIREMENTS Contractor’s Insurance A. The CONTRACTOR shall not commence any work in connection with this Agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Manager. B. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. C. All insurance shall include the interest of all entities names in