Okaloosa County BOCC — October 21, 2014 — RFP AP BANK LOAN — reading text

understanding that any fees above the cap would not be paid by the County. 11. Key Terms and Conditions Please confirm that you have reviewed the County’s Master Trust Indenture, and that the covenants, terms and conditions contained in it are acceptable to you for this transaction. The County will not agree to any material additions, changes or modifications to the Master Trust Indenture that may be requested by banks in connection with this transaction. The County will not accept proposals to maintain minimum balances in any bank account as a condition for the loan. 12. Credit Approval Please indicate the status of your bank’s credit approval for this transaction. If you do not yet have final credit approval, please indicate how long it will take for you to obtain such approval. REQUESTS FOR INTERPRETATION OF CLARIFICATION RELATED TO THIS RFP No oral interpretation or clarification of this RFP will be made to any bank. If discrepancies or omissions are found by any bank, or there is doubt as to the true meaning of any part of the RFP, a written request for a clarification or interpretation must be submitted by email to the person listed below: Zan Fedorak zfedorak@co.okaloosa.fl.us 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 respondents, 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. Review of Procurement Documents — Per Florida Statute 119.071 (2) 2 sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) (Inspection and copying of public records) and s. 24{a), Art. I of the State Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. Right to Waive and Reject A The Board, in its absolute discretion, may reject any proposal of a Respondent 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 respondents, B. There is no obligation on the part of the County to award the proposal to the lowest respondent, and the County reserves the right to award the proposal to respondent 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 Respondents - Any of the following reasons may be considered as sufficient for the disqualification of a respondent 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 respondent has a financial interest in the firm of another respondent for the same work. C. Evidence of collusion among respondents. Participants in such collusion will receive no recognition as respondents for any future work of the County until such participant shall have been reinstated as a qualified respondent. 10. il. 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 Respondent 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 Director to emphasize this condition to potential respondents. 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 Respondent - The owner may make such investigations as he deems necessary to determine the stability of the Respondent to perform the work and that there is no conflict of interest as it relates to the project. The respondent 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 respondent 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. Indemnification & Hold Harmless - To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. Note: For respondent's convenience, this certification form is enclosed and is made a part of the proposal package. 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, Note: For respondent's convenience, this certification form is enclosed and is made a part of the proposal package, Identical Tie Proposal - Preference shall be given to businesses with drug-free workplace programs, Whenever two or more proposals that are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process (see attached certification form). 12. 13. 14. 15. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: For respondent's convenience, this certification form is enclosed and is made a part of the proposal package. Public Entity Crime Information - 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Proposal Opening Information - Proposal Opening shall be public, on the date and time specified on the proposal form. It is the respondent's responsibility to assure that his proposal 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. 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 respondent’s convenience, the certificate form is enclosed and is made part of the bid package. NO CONTACT CLAUSE The 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, Request for Proposals, Requests for Qualifications) issued by the Board through the County